APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair)
Chairperson Board of State and Community
Corrections
2 Juan Avila Chief Operating Officer
(Victim Services)
Garden Pathways
3 Cindy Chavez Supervisor
Santa Clara County Supervisor
4 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition (ARC)
5 Andrea Dauber-Griffin Senior Executive Director
(Behavioral Health Providers) Neighborhood House Association 6 Shannon Dicus Sheriff
(Law Enforcement) San Bernardino County
7 Dean Growdon Sheriff
(Law Enforcement) Lassen County
8 Kirk Haynes Chief Probation Officer
(Law Enforcement)
Fresno County
9 Jeffrey Macomber Secretary
(Law Enforcement)
California Department of
Corrections and Rehabilitation
10 Andrew Mills Chief of Police
(Law Enforcement)
City of Palm Springs
11 Nancy O’Malley District Attorney (Retired)
(Prosecution) Alameda County
12 Alan Slater Chief Executive (Retired)
(Courts) Orange County
13 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of
Corrections and Rehabilitation
14 Eloisa Tuitama Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
15 Angeles Zaragoza
Attorney Los Angeles County Alternate
Public Defender’s Office
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 57
Menifee Mayor and City Council
October 2, 2024
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Byrne State Crisis Intervention Program Grant
Instructions: For the purposes of this RFP, “Key Partner” means an indispensable agency or entity, named in the proposal, that the grantee does not have direct control over, that will provide essential services for the grant project. If the success of the grant project depends upon the cooperation of an outside agency or entity, that agency or entity is a key partner. (See RFP for specific examples.) The form must include the name of the agency or entity, a description of the services to be provided, and be signed and dated by an authorized individual representing the agency or entity. Submit one form per partner agency or organization.
This form is required only if there are key partners identified in the Proposal Narrative.
Applicant: Menifee Police Department
Partner Organization or Agency: N/A
Grant Service Period: July 15, 2024 to September 30, 2026 Services to be Provided by the Partner Organization or Agency during the Grant Period: N/A
Authorized Signature of Partner Organization or Agency (e-signatures accepted):
Title of Individual Signing this Form:Armando G. Villa
Date Signed:
Attachment C: Sample Key Partner Commitment Form
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 58
Menifee Mayor and City Council
October 2, 2024
Page
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Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 59
Menifee Mayor and City Council
October 2, 2024
Page
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Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 60
Menifee Mayor and City Council
October 2, 2024
Page
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Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 61
Menifee Mayor and City Council
October 2, 2024
Page
133 of 302
Required Attachment: Applicants will be prompted to upload this document from the Byrne SCIP webpage to the BSCC Submittable Application portal.
Byrne SCIP applicants must complete a Project Work Plan, using the format below. Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals, objectives, and measures with a clear relationship to the need and intent of the grant.
(1) Goal: > Adequate storage for relinquished firearms
Objectives
(A., B., C…):
A. Build a 12’ by 12’ room to allow for over 250 linear feat of shelving for firearms to be stored in a standing fashion B. The room will have adequate air circulation to prevent rust and deterioration of the firearms.
C. Increase the security measures around the firearms by adding additional cameras and electronic key car entry to the room.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. The expansion of adequate storage would properly secure guns that are relinquished
2. The firearms would be safeguarded while in PD possession.
3. 1.Bryce Howell
2.James Brannon
3. 1.July 2024
2.Dec 2024
3. 1.Dec 2024
2.ongoing
3. List data and sources to be used to measure outcomes: RMS would be utilized to track the number of firearms in custody, and the trends of how they are returned.
(2) Goal: > Training for PD personnel
Objectives
(A., B., C...):
A. Certify personnel to be firearms experts that are able to identify all components of various firearms.
B. Certify personnel in being firearm safety experts that can instruct community members in firearm safety.
C. Provide scenario based training to personnel on gun violence and homicides for investigative and preventative instruction.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. CSI Staff will attend Firearm Certification Course
2. CSI Staff will attend California Homicide Investigator Association Training
3. Provides specialized training to personnel regarding firearms and gun crime.
1.Crime Scene Personnel
2. Tiffani Sik
3. Paul Barbieri
1.July 2024
2.July 2024
3.Jan 2025
1. Dec 2024
2.Dec 2024
3.Dec 2026
List data and sources to be used to measure outcomes: Certificates of completion to show the course completion and training expenditure reports to show the funding allocation.
Attachment G: Project Work Plan Instructions
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 62
Menifee Mayor and City Council
October 2, 2024
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134 of 302
(3) Goal: Provide community engagement opportunities via social media and media relations, as well as provide literature and education to the community.
Objectives
(A., B., C…):
A. Successfully implement a social media campaign to provide information to the community regarding firearm safety and EPROs.
B. Publish literature that is readily available to the public with information on firearm safety, ERPOs, and mental health resources.
C. Create and provide a community course regarding firearm safety, ERPOs, and mental health resources.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. Outreach to community members regarding ERPOs and firearm safety.
2. Development and distribution of ERPO fact sheets and literature
3. Creating social media engagement to distribute the ERPO information and firearm safety.
1. Chase Coburn
2. CSI/CBAT Personnel
3. Chelsea Ballinger
1.Jan 2025
2. Jan 2025
3.July 2024
1.June 2026
2.Dec 2025
3.June 2026
List data and sources to be used to measure outcomes: Social media trend data, enrollment, and literature inventory will all be used to gauge the successful outreach of the program objectives.
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 63
Menifee Mayor and City Council
October 2, 2024
Page
135 of 302
RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 2301 Adopted FY 2024/25 Revenue Budget: $0.00
1. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Revenue Budget: $1,154,850.43 Grant Fund 2301 Adopted FY 2024/25 Expenditure Budget: $0.00
2. Record Appropriation(s):
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $633,759.00 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-00-XNC-XNCL-
000-00000-441000 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-00-XNC-XNCL-
000-00000-441002 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (McCall Blvd Project)
2301-00-XNC-XNCL-
000-00000-441002 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-28-XNC-XNCL-
000-00000-441004 500.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-00-XNC-XNCL-
000-00000-441002 112,512.00
TOTAL: $1,154,850.43
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $595,472.00 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-51-MPD-PDAM-
000-00000-658165 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-51-MPD-PDAM-
000-00000-658211 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (McCall Blvd Project)
2301-55-PWD-CIPS-
658011 92,500.00
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 64
Menifee Mayor and City Council
October 2, 2024
Page
136 of 302
Amending the Fiscal Year 2024/25 Grant Fund Budget
BSCC Byrne State Crisis Intervention Program Grant
2 4
7 6
3 1
Amended Grant Fund 2301 FY 2024/25 Expenditure Budget: $1,116,563.43
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 2301 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: BSCC Byrne State Crisis Intervention Program $112,512.00 Amended Grant Fund 2301 FY2024/25 Budget $1,154,850.43
Expenditures:
Grant: BSCC Byrne State Crisis Intervention Program $112,512.00 $0 Amended Grant Fund 2301 FY2024/25 Budget $1,116,563.43 PASSED, APPROVED AND ADOPTED this 2nd day of October, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney September 18,
2024 Grant: Clean Air Day Microgrant
2301-53-CSD-CWES-
000-00000-652844 500.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-51-MPD-PDAM-
000-00000-658174 112,512.00
TOTAL: $1,116,563.43
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 65
Menifee Mayor and City Council
October 2, 2024
Page
137 of 302
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2024/2025
10/02/2024
Byrne State Crisis Intervention Program Grant
CA Board of State and Community Corrections
Menifee Police Department
Christine Booker
-
Edward Byrne Memorial
16.580
-
7/15/2024-9/30/26
-
$112,512
Reimbursement
0 -
$112,512
N/A
2301-51-MPD-PDAM-000-00000-658174
2301-28-XNC-XNCL-000-00000-441002
Yes
Quarterly performance and Fed. Financial reports
N/A
Yes
Yes
Yes
2025/2026
No
✔
7/15/2024-9/30/26
The purpose of this grant is to expand the secure storage area for the firearms, as well as training and certifying staff as firearm specialists for safety and educational purposes.
Quarterly performance measurement reports must be submitted through the BJA performance measurement tool, and semi-annual performance reports through OJP's JustGrants System. Quarterly Federal Financial Reports must be submitted through OJP's JustGrants System.
Item Title: 10.7
Board of State and Community Corrections Byrne State Crisis Intervention Program Grant Item Page Number: 66
Menifee Mayor and City Council
October 2, 2024
Page
138 of 302
CITY OF MENIFEE
SUBJECT: Change Proceedings for Improvement Area No. 2 of Community Facilities District No. 2022-3, Legado, by BLC Fleming, LLC
MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution of consideration for Community Facilities District No. 2022-3, Legado, located northwest of Antelope Road and Chambers Avenue and south of Rouse Road, to amend the boundary map and rate and method of apportionment of special taxes for Improvement Area No. 2, reduce the maximum amount of bonded indebtedness for Improvement Area 2 by $28 million, and establish Improvement Area No. 3, authorizing bonded indebtedness in an amount not-to-exceed $28 million.
DISCUSSION
BLC Fleming, LLC (the “Developer”) and the City of Menifee previously worked together to form Community Facilities District No. 2022-3, Legado, of the City of Menifee (the “CFD”), for the 1,022- home development project known as Legado. The project is planned for 263 acres located northwest of Antelope Road and Chambers Avenue and south of Rouse Road, as shown in the attached Location Map.
The CFD included two improvement areas (“Improvement Area No. 1” and “Improvement Area No. 2”). The Developer has entered into a contract to sell the property in the CFD to Lennar Homes (“Lennar”) in three separate phases. Lennar has closed on the Phase 1 property (491 homesites); however, the closings of the Phase 2 property (201 homesites) and the Phase 3 property (330 homesites) will occur later, on separate dates. The boundary of Improvement Area No. 1 is entirely within the Phase 1 property. However, the currently existing Improvement Area No. 2 includes parcels within both Phase 2 and Phase 3.
Since Phases 2 and 3 are under contract to be acquired at different times, the Developer has requested that the boundary of Improvement Area No. 2 be amended to create a new Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 1
Menifee Mayor and City Council
October 2, 2024
Page
139 of 302
City of Menifee Staff Report
Change Proceedings for IA No. 2 of CFD No. 2022-3, Legado October 2, 2024
2 3
7 1
Improvement Area No. 3 (“Improvement Area No. 3”) therein. The new Improvement Area No. 2 boundary would consist of the Phase 2 property within the existing Improvement Area No. 2, and the Improvement Area No. 3 boundary would consist of the Phase 3 property within the existing Improvement Area No. 2. No new property is being added to the CFD.
The proposed change proceedings are being undertaken to clearly delineate the phases within each improvement area as the project develops and as CFD bonds are issued. It is also possible that Phase 2 and/or Phase 3 could ultimately be acquired by a homebuilder other than Lennar. If that were to occur, having a separate improvement area for each builder would keep the CFD bond issuance and reimbursement process more orderly and would avoid the potential for different parties requesting reimbursement of the same CFD funds for their respective development costs.
In connection with the proposed change proceedings, the existing rate and method of apportionment of special taxes for Improvement Area No. 2 would be amended and restated to reduce the minimum taxable acreage (as property is being remove therefrom) and the tax rates for approved property and undeveloped property will be adjusted accordingly. A new rate and method of apportionment of special taxes for Improvement Area No. 3 would need to be approved.
Improvement Area No. 3 would have the same tax rates for developed property as Improvement Area Nos. 1 and 2. It is proposed that the CFD be authorized to incur bonded indebtedness for Improvement Area No. 3 in a principal amount not to exceed $28 million, and that the maximum authorized bonded indebtedness for Improvement Area No. 2 be reduced to $17 million. This would not result in an increase in the previously established bonded indebtedness authorization.
The resolution of consideration, which is the first step in the process to accomplish these changes, calls for a public hearing. The public hearing would take place on November 6, 2024, and at that time the Council would formally consider the changes described above. This item was presented to the Finance Committee at the July 9, 2024, meeting. The committee reviewed the request and made a motion recommending the item be submitted for City Council consideration.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The Developer made a deposit to pay for the costs of the change proceedings that may be reimbursed to the Developer in accordance with the previously approved reimbursement agreement. There is no impact to the General Fund and no additional budget appropriation action(s) are required.
ATTACHMENTS
1. Location Map
2. Resolution of Consideration
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 2
Menifee Mayor and City Council
October 2, 2024
Page
140 of 302
DESERT ROSE LN
MCLAUGHLIN RD
ROUSE RD
SHERMAN
RD
MC C AL L
BLVD
MATTHEWS RD
ANTELOPE
RD
PALOMAR
RD
§¨¦215
^_C HAMBERS AVE
ROUSE RD
WATSON RD
MCCALL BLVD
PALOMA WAY
PACKARD ST
MATTHEWS
RD
EVANS RD
§¨¦215
·|}þ74
CFD NO. 2022-3 (LEGADO)
PREVIOUS PROJECT MAP
IMPROVEMENT
AREA 1
IMPROVEMENT
AREA 2
Item Title: 10.8
Change Proceedings for Improvement Area No. 2 of Community Facilities District No. 2022-3, Legado, by BLC Fleming, LLC Item Page Number: 3
Menifee Mayor and City Council
October 2, 2024
Page
141 of 302
DESERT ROSE LN
MCLAUGHLIN RD
ROUSE RD
SHERMAN
RD
MC C AL L
BLVD
MATTHEWS RD
ANTELOPE
RD
PALOMAR
RD
§¨¦215
^_C HAMBERS AVE
ROUSE RD
WATSON RD
MCCALL BLVD
PALOMA WAY
PACKARD ST
MATTHEWS
RD
EVANS RD
§¨¦215
·|}þ74
CFD NO. 2022-3 (LEGADO)
AMENDED PROJECT MAP
IMPROVEMENT
AREA 1
IA 3 IA 3
IA 2
Item Title: 10.8
Change Proceedings for Improvement Area No. 2 of Community Facilities District No. 2022-3, Legado, by BLC Fleming, LLC Item Page Number: 4
Menifee Mayor and City Council
October 2, 2024
Page
142 of 302
4885-1777-3277v4/200299-0011
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3, LEGADO,
OF THE CITY OF MENIFEE, DECLARING ITS INTENTION TO CONSIDER
AMENDING THE BOUNDARY MAP OF THE DISTRICT, AMENDING THE RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2, DECREASING
THE MAXIMUM AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT AREA NO. 2, DESIGNATING IMPROVEMENT AREA NO. 3 OF THE DISTRICT AND TO INCUR BONDED INDEBTEDNESS WITHIN IMPROVEMENT AREA NO. 3 WHEREAS, after a public hearing, on September 21, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution Nos. 22-1222 (the “Resolution of Formation”) and 22-1223 (the “Resolution to Incur Bonded Indebtedness”) which formed Community Facilities District No. 2022-3, Legado, of the City of Menifee (the “District” or “Community Facilities District No. 2022-3”), designated two improvement areas therein (“Improvement Area No. 1” and “Improvement Area No 2”) and called a special election on September 21, 2022, within each improvement area on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two-thirds vote of the qualified electors within each improvement area on September 21, 2022; and WHEREAS, subsequent to formation, the District received a petition (the “Petition”) signed by BLC Fleming, LLC, a Delaware limited liability company (the “Owner”), which currently owns more than 25 percent of the taxable land within Improvement Area No. 2, to initiate certain changes to: (i) amend the boundary map of the District to exclude certain property from Improvement Area No. 2; (ii) amend and restate the original rate and method of apportionment of special tax for Improvement Area No. 2 (the “Original Improvement Area No. 2 Rate and Method”) in the form attached as Exhibit A (the “Amended Improvement Area No. 2 Rate and Method”) and (iii) designate Improvement Area No. 3 of the District within the property that is being excluded from Improvement Area No. 2 in connection with these proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, acting as the legislative body of Community Facilities District No. 2022-3, Legado, of the City of Menifee, does hereby determine and order as follows
Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.
Section 2. The City Council, acting as the legislative body of the District, declares its intention to conduct proceedings pursuant to Article 3.5 of the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to amend and restate the Original Improvement Area No. 2 Rate and Method, in the form of the Amended Improvement Area No. 2 Rate and Method attached hereto as Exhibit A.
The proposed Amended Improvement Area No. 2 Rate and Method and manner of collection of the special tax for Improvement Area No. 2 are described in detail in Exhibit A (which attachment is incorporated herein by this reference) and allow each landowner within Improvement Area No. 2 to estimate the maximum amount that may be levied against each parcel.
If the special tax of Improvement Area No. 2 is levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 5
Menifee Mayor and City Council
October 2, 2024
Page
143 of 302
Resolution of Consideration for Change Proceedings for CFD 2023-2 2 4885-1777-3277v4/200299-0011
4 9
3 0
5 amount that shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Exhibit A hereto, (ii) such Special Tax shall not be levied after fiscal year 2064-65, as described in Exhibit A hereto, and (iii) under no circumstances will the special tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within Improvement Area No. 2 by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The special tax of Improvement Area No. 2 is based on the expected demand that each parcel of real property within proposed Improvement Area No. 2 will place on the facilities described in Attachment A to the Resolution of Formation (the “Facilities”) and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the Amended Improvement Area No. 2 Rate and Method set forth in Exhibit A to be reasonable. The special tax of Improvement Area No. 2 is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Improvement Area No. 2 shall become for any reason exempt, wholly or partially, from the levy of the special tax of Improvement Area No. 2 specified in Exhibit A, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit A, to the extent necessary upon the remaining property within proposed Improvement Area No. 2 which is not exempt in order to yield the special tax revenues of Improvement Area No. 2 required for the purposes described in this Section
2. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Exhibit A hereto.
Section 3. The City Council, acting as the legislative body of the District, declares its intention, pursuant to Sections 53331, 53332, 53334 and 53350 of the Act to remove the property described and depicted in Exhibit B hereto from Improvement Area No. 2 and to designate such property as Improvement Area No. 3. It is proposed that the boundaries of Improvement Area No. 3 shall be the legal boundaries on the proposed amended boundary map depicted in Exhibit B hereto. The name of the proposed Improvement Area No. 3 shall be “Improvement Area No. 3 of Community Facilities District No. 2022-3 (Legado) of the City of Menifee.” The City Clerk is hereby directed to sign the original amended boundary and record it with all proper endorsements thereon with the County Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
Section 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax within Improvement Area No. 3 (the “Special Tax”), secured by recordation of a continuing lien against all nonexempt real property in Improvement Area No. 3, sufficient to pay for: (i) the Facilities and Incidental Expenses (as defined in the Resolution of Formation); and (ii) the principal and interest and other periodic costs on bonds or other indebtedness issued within Improvement Area No. 3 to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 6
Menifee Mayor and City Council
October 2, 2024
Page
144 of 302
Resolution of Consideration for Change Proceedings for CFD 2023-2 3 4885-1777-3277v4/200299-0011
4 9
3 0
5 by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash). The rate and method of apportionment and manner of collection of the Special Tax are described in detail in Exhibit C attached hereto, which Exhibit C is incorporated herein by this reference (the “Improvement Area No. 3 Rate and Method”). Exhibit C allows each landowner within Improvement Area No. 3 to estimate the maximum amount of the Special Tax that may be levied against each parcel. In the first year in which such Special Tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.
If the Special Tax is levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount that shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Exhibit C hereto, (ii) such Special Tax not shall be levied after fiscal year 2064-65, as described in Exhibit C hereto, and (iii) under no circumstances will the Special Tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within Improvement Area No. 3 by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The Special Tax is based on the expected demand that each parcel of real property within proposed Improvement Area No. 3 will place on the Facilities and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax with respect to the Special Tax set forth in Exhibit C to be reasonable. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Improvement Area No. 3 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified on Exhibit C, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum Special Tax for a parcel as set forth in Exhibit C, to the extent necessary upon the remaining property within proposed Improvement Area No. 3 that is not exempt in order to yield the Special Tax revenues required for the purposes described in this Section 4. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Exhibit C hereto.
Section 5. It is necessary to incur bonded indebtedness within the boundaries of Improvement Area No. 3 in an amount not to exceed $28,000,000, in order to finance certain of the costs of the Facilities and Incidental Expenses, as permitted by the Act for the benefit of Improvement Area No. 3.
Section 6. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses of Improvement Area No. 3, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities and Incidental Expenses that are permitted to be financed pursuant to the Act.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 7
Menifee Mayor and City Council
October 2, 2024
Page
145 of 302
Resolution of Consideration for Change Proceedings for CFD 2023-2 4 4885-1777-3277v4/200299-0011
4 9
3 0
5 Section 7. It is the intent of the City Council to authorize the sale of bonds of Improvement Area No. 3 in one or more series, which bonds may be issued to fund Facilities and Incidental Expenses for Improvement Area No. 3 in the maximum amount set forth in Section 5, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
Section 8. A public hearing (the “Hearing”) on: (i) amending the Original Improvement Area No. 2 Rate and Method in accordance with the proposed Amended Improvement Area No. 2 Rate and Method; (ii) removing certain property currently included in Improvement Area No. 2 and designating such property as Improvement Area No. 3; (iii) the levying of the Special Tax in Improvement Area No. 3 in accordance with the Improvement Area No. 3 Rate and Method; and (iv) the proposed issuance of bonds with respect to Improvement Area No. 3 to finance the Facilities and Incidental Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on November 6, 2024, at the City Council Chambers, 29844 Haun Road, Menifee, California. Should the City Council determine to take action to effectuate the foregoing, a special election will be held within Improvement Area No. 2 to authorize the levy of the special tax pursuant to the proposed Amended Improvement Area No. 2 Rate and Method and within proposed Improvement Area No. 3 to authorize the issuance of the bonds for Improvement Area No. 3 and the levy of the special tax for Improvement Area No. 3 in accordance with the procedures contained in Government Code Section 53326. If such elections are held, the proposed voting procedure at the election will be by landowner vote with each landowner who is the owner of record of land within Improvement Area No. 2 or Improvement Area No. 3, as applicable, at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within Improvement Area No. 2 or Improvement Area No. 3. Ballots for the special election may be distributed by mail or by personal service.
Section 9. At the time and place set forth above for the Hearing, the City Council will receive testimony regarding the matters described in Section 8 above. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within Improvement Area No. 2 and Improvement Area No. 3 may appear and be heard.
Section 10. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of Improvement Area No. 2 and proposed Improvement Area No. 3 at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in Improvement Area No. 2 and proposed Improvement Area No. 3 and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
Section 11. At the time the District was formed, the maximum principal amount of bonded indebtedness which may be incurred by the District within Improvement Area No. 2 that was authorized was $45,000,000. It is the intent of the City Council, acting as the Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 8
Menifee Mayor and City Council
October 2, 2024
Page
146 of 302
Resolution of Consideration for Change Proceedings for CFD 2023-2 5 4885-1777-3277v4/200299-0011
4 9
3 0
5 legislative body of the District, to determine that upon the authorization of the special taxes and bonded indebtedness for Improvement Area No. 3 in connection with the change proceedings set forth herein, that it shall not incur bonded indebtedness within Improvement Area No. 2 in a principal amount in excess of $17,000,000.
Section 12. Except as set forth herein, no other amendments or modifications to the District are being considered at this time
Section 13. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this the 2nd day of October, 2024. __________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 9
Menifee Mayor and City Council
October 2, 2024
Page
147 of 302
A-1
4885-1777-3277v4/200299-0011
EXHIBIT A
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO)
OF THE CITY OF MENIFEE
(IMPROVEMENT AREA NO. 2)
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Improvement Area No. 2 of the City of Menifee Community Facilities District No. 2022-3 (Legado) ("CFD No. 2022-3 IA 2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2022-3 IA 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single-Family Residential Property with a stand-alone Residential Unit.
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2022-3 IA 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-3 IA 2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-3 IA 2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2022-3 IA 2 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-3 IA 2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-3 IA 2 for any other administrative purposes of CFD No. 2022-3 IA 2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 10
Menifee Mayor and City Council
October 2, 2024
Page
148 of 302
A-2
4885-1777-3277v4/200299-0011
"Amended Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied in each Fiscal Year on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding CFD No. 2022-3 IA 2 Bonds plus the estimated annual Administrative Expenses for such Fiscal Year. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2022-3" means Community Facilities District No. 2022-3 (Legado) established by the City under the Act.
“CFD No. 2022-3 IA 2" means Improvement Area No. 2 of CFD No. 2022-3 as identified on the boundary map for CFD No. 2022-3.
"CFD No. 2022-3 IA 2 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2022-3 IA 2 have been pledged.
“City” means the City of Menifee.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 11
Menifee Mayor and City Council
October 2, 2024
Page
149 of 302
A-3
4885-1777-3277v4/200299-0011
"City Council" means the City Council of the City of Menifee, acting as the Legislative Body of CFD No. 2022-3 IA 2.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 4285.
"County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) for which a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2022-3 IA 2 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 and Table 2 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-3 IA 2 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 12
Menifee Mayor and City Council
October 2, 2024
Page
150 of 302
A-4
4885-1777-3277v4/200299-0011
Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single-Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2022-3 IA 2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2022-3 IA 2 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2022-3 IA 2 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2022-3 IA 2 Bonds anticipated to be issued, and (vii) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-3 IA 2, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2022-3 IA 2 Bonds pursuant to the Indenture. “Tax Zone(s)” means the geographical area(s) within CFD No. 2022-3 IA 2 identified as Tax Zone 1 or Tax Zone 2 as shown on the Amended Boundary Map.
“Tax Zone 1” means all property located within CFD No. 2022-3 IA 2 and identified on the Amended Boundary Map as Tax Zone 1.
“Tax Zone 2” means all property located within CFD No. 2022-3 IA 2 and identified on the Amended Boundary Map as Tax Zone 2.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-3 IA 2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 13
Menifee Mayor and City Council
October 2, 2024
Page
151 of 302
A-5
4885-1777-3277v4/200299-0011
B. SPECIAL TAX
Commencing Fiscal Year 2024-2025 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2024-2025, each Assessor’s Parcel within CFD No. 2022- 3 IA 2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property shall be further classified as being within Tax Zone 1 or Tax Zone 2.
Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single-Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single-Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.
In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Assigned Special Tax rates for Developed Property and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Acreage of Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single-Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 and Table 2 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single-Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 and Table 2 below.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 14
Menifee Mayor and City Council
October 2, 2024
Page
152 of 302
A-6
4885-1777-3277v4/200299-0011
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,900 sq. ft $2,841.33
2. Single Family Residential Property RU 1,900 sq. ft to 2,100 sq. ft $3,013.00
3. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $3,073.34
4. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $3,179.46
5. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $3,234.60
6. Single Family Residential Property RU Greater than 2,700 sq. ft $3,324.08
7. Multifamily Property Acre N/A $22,230.00
8. Non-Residential Property Acre N/A $22,230.00
On each July 1, commencing July 1, 2025, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
TABLE 2
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,100 sq. ft $2,962.02
2. Single Family Residential Property RU 2,100 sq. ft to 2,400 sq. ft $3,111.84
3. Single Family Residential Property RU 2,401 sq. ft to 2,700 sq. ft $3,243.97
4. Single Family Residential Property RU 2,701 sq. ft to 3,000 sq. ft $3,273.10
5. Single Family Residential Property RU 3,001 sq. ft to 3,300 sq. ft $3,336.56
6. Single Family Residential Property RU Greater than 3,300 sq. ft $3,624.75
7. Multifamily Property Acre N/A $20,791.00
8. Non-Residential Property Acre N/A $20,791.00
On each July 1, commencing July 1, 2025, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
When a Final Map is recorded, the Administrator shall determine which Tax Zone the Final Map area lies within and the Backup Special Tax for an Assessor’s Parcel within the Final Map classified or to be classified as Single-Family Property shall calculated according to the following formula.
B = (U x A) / L
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 15
Menifee Mayor and City Council
October 2, 2024
Page
153 of 302
A-7
4885-1777-3277v4/200299-0011
The terms above have the following meanings:
B = Backup Special Tax per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single-Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be determined by Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX PER ACRE
Tax Zone
Maximum Special
Tax per Acre
1 $22,230
2 $20,791
In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be on the rate per Acre shown in the table above. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.
On each July 1, commencing July 1, 2025, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single-Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $22,230 per Acre for Tax Zone 1 and $20,791 per Acre for Tax Zone 2.
On each July 1, commencing July 1, 2025, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $22,230 per Acre for Tax Zone 1 and $20,791 per Acre for Tax Zone 2 multiplied by the Acreage of such Assessor’s Parcel.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 16
Menifee Mayor and City Council
October 2, 2024
Page
154 of 302
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On each July 1, commencing July 1, 2025, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2024-2025 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate to satisfy the Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 17
Menifee Mayor and City Council
October 2, 2024
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the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 4 below.
TABLE 4
MINIMUM TAXABLE ACRES
Tax Zone Acres
1 13.21
2 21.07
Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $11,500,000 expressed in 2024 dollars, which shall increase by the Construction Inflation Index on July 1, 2025, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-3 IA 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Amended and Restated Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2022-3 IA 2. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) public facility costs previously funded from the Construction Fund, (ii) public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and (iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2022-3 IA 2 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 18
Menifee Mayor and City Council
October 2, 2024
Page
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Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 19
Menifee Mayor and City Council
October 2, 2024
Page
157 of 302
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7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments.
The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds.
In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 20
Menifee Mayor and City Council
October 2, 2024
Page
158 of 302
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for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied each Fiscal Year on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times annual debt service for such Fiscal Year on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 21
Menifee Mayor and City Council
October 2, 2024
Page
159 of 302
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For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-3 IA 2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-3 IA 2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-3 IA 2 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-3 IA 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Amended and Restated Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 22
Menifee Mayor and City Council
October 2, 2024
Page
160 of 302
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY AND AMENDED BOUNDARY MAP
.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 23
Menifee Mayor and City Council
October 2, 2024
Page
161 of 302
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Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 24
Menifee Mayor and City Council
October 2, 2024
Page
162 of 302
A-3
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Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 25
Menifee Mayor and City Council
October 2, 2024
Page
163 of 302
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO)
OF THE CITY OF MENIFEE
(IMPROVEMENT AREA NO. 3)
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Improvement Area No. 3 of the City of Menifee Community Facilities District No. 2022-3 (Legado) ("CFD No. 2022-3 IA 3"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2022-3 IA 3, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
B. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single-Family Residential Property with a stand-alone Residential Unit.
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2022-3 IA 3: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-3 IA 3 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-3 IA 3 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2022-3 IA 3 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-3 IA 3 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-3 IA 3 for any other administrative purposes of CFD No. 2022-3 IA 3, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Amended Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 26
Menifee Mayor and City Council
October 2, 2024
Page
164 of 302
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"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied in each Fiscal Year on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding CFD No. 2022-3 IA 3 Bonds plus the estimated annual Administrative Expenses for such Fiscal Year. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2022-3" means Community Facilities District No. 2022-3 (Legado) established by the City under the Act.
“CFD No. 2022-3 IA 3" means Improvement Area No. 3 of CFD No. 2022-3 as identified on the boundary map for CFD No. 2022-3.
"CFD No. 2022-3 IA 3 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2022-3 IA 3 have been pledged.
“City” means the City of Menifee.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 27
Menifee Mayor and City Council
October 2, 2024
Page
165 of 302
C-3
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"City Council" means the City Council of the City of Menifee, acting as the Legislative Body of CFD No. 2022-3 IA 3.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 4285.
"County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) for which a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2022-3 IA 3 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1, Table 2, and Table 3 of Section D.
"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-3 IA 3 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 28
Menifee Mayor and City Council
October 2, 2024
Page
166 of 302
C-4
4885-1777-3277v4/200299-0011
Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single-Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2022-3 IA 3 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2022-3 IA 3 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2022-3 IA 3 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2022-3 IA 3 Bonds anticipated to be issued, and (vii) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-3 IA 3, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2022-3 IA 3 Bonds pursuant to the Indenture. “Tax Zone(s)” means the geographical area(s) within CFD No. 2022-3 IA 3 identified as Tax Zone 1, Tax Zone 2, or Tax Zone 3 as shown on the Amended Boundary Map. “Tax Zone 1” means all property located within CFD No. 2022-3 IA 3 and identified on the Amended Boundary Map as Tax Zone 1.
“Tax Zone 2” means all property located within CFD No. 2022-3 IA 3 and identified on the Amended Boundary Map as Tax Zone 2.
“Tax Zone 3” means all property located within CFD No. 2022-3 IA 3 and identified on the Amended Boundary Map as Tax Zone 3.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-3 IA 3, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 29
Menifee Mayor and City Council
October 2, 2024
Page
167 of 302
C-5
4885-1777-3277v4/200299-0011
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2024-2025 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2024-2025, each Assessor’s Parcel within CFD No. 2022- 3 IA 3 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property shall be further classified as being within Tax Zone 1, Tax Zone 2, or Tax Zone 3.
Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single-Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single-Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.
In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Assigned Special Tax rates for Developed Property and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Acreage of Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
4. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single-Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1, Table 2, and Table 3 of Section D.
b. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single-Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1, Table 2, and Table 3 below.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 30
Menifee Mayor and City Council
October 2, 2024
Page
168 of 302
C-6
4885-1777-3277v4/200299-0011
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,400 sq. ft $2,692.56
2. Single Family Residential Property RU 1,400 sq. ft to 1,600 sq. ft $2,925.60
3. Single Family Residential Property RU 1,601 sq. ft to 1,800 sq. ft $2,975.54
4. Single Family Residential Property RU 1,801 sq. ft to 2,000 sq. ft $2,992.19
5. Single Family Residential Property RU 2,001 sq. ft to 2,200 sq. ft $3,086.87
6. Single Family Residential Property RU 2,201 sq. ft to 2,400 sq. ft $3,214.84
7. Single Family Residential Property RU Greater than 2,400 sq. ft $3,265.82
8. Multifamily Property Acre N/A $25,106.00
9. Non-Residential Property Acre N/A $25,106.00
On each July 1, commencing July 1, 2025, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 31
Menifee Mayor and City Council
October 2, 2024
Page
169 of 302
C-7
4885-1777-3277v4/200299-0011
TABLE 2
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,900 sq. ft $2,841.33
2. Single Family Residential Property RU 1,900 sq. ft to 2,100 sq. ft $3,013.00
3. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $3,073.34
4. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $3,179.46
5. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $3,234.60
6. Single Family Residential Property RU Greater than 2,700 sq. ft $3,324.08
7. Multifamily Property Acre N/A $24,428.00
8. Non-Residential Property Acre N/A $24,428.00
On each July 1, commencing July 1, 2025, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
TABLE 3
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 3
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,100 sq. ft $2,962.02
2. Single Family Residential Property RU 2,100 sq. ft to 2,400 sq. ft $3,111.84
3. Single Family Residential Property RU 2,401 sq. ft to 2,700 sq. ft $3,243.97
4. Single Family Residential Property RU 2,701 sq. ft to 3,000 sq. ft $3,273.10
5. Single Family Residential Property RU 3,001 sq. ft to 3,300 sq. ft $3,336.56
6. Single Family Residential Property RU Greater than 3,300 sq. ft $3,624.75
7. Multifamily Property Acre N/A $21,349.00
8. Non-Residential Property Acre N/A $21,349.00
On each July 1, commencing July 1, 2025, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
When a Final Map is recorded, the Administrator shall determine which Tax Zone the Final Map area lies within and the Backup Special Tax for an Assessor’s Parcel within the Final Map classified or to be classified as Single-Family Property shall calculated according to the following formula.
B = (U x A) / L
The terms above have the following meanings:
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 32
Menifee Mayor and City Council
October 2, 2024
Page
170 of 302
C-8
4885-1777-3277v4/200299-0011
B = Backup Special Tax per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single-Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be determined by Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX PER ACRE
Tax Zone
Maximum Special
Tax per Acre
1 $25,106
2 $24,428
3 $21,349
In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be on the rate per Acre shown in the table above. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.
On each July 1, commencing July 1, 2025, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
5. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single-Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $25,106 per Acre for Tax Zone 1, $24,428 per Acre for Tax Zone 2, and $21,349 per Acre for Tax Zone 3.
On each July 1, commencing July 1, 2025, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
6. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $25,106 per Acre for Tax Zone 1, $24,428 per Acre for Tax Zone 2, and $21,349 per Acre for Tax Zone 3 multiplied by the Acreage of such Assessor’s Parcel.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 33
Menifee Mayor and City Council
October 2, 2024
Page
171 of 302
C-9
4885-1777-3277v4/200299-0011
On each July 1, commencing July 1, 2025, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2024-2025 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate to satisfy the Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 34
Menifee Mayor and City Council
October 2, 2024
Page
172 of 302
C-10
4885-1777-3277v4/200299-0011
the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 5 below.
TABLE 5
MINIMUM TAXABLE ACRES
Tax Zone Acres
1 23.86
2 10.03
3 12.49
Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $17,500,000 expressed in 2024 dollars, which shall increase by the Construction Inflation Index on July 1, 2025, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-3 IA 3, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2022-3 IA 3. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) public facility costs previously funded from the Construction Fund, (ii) public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and (iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2022-3 IA 3 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 35
Menifee Mayor and City Council
October 2, 2024
Page
173 of 302
C-11
4885-1777-3277v4/200299-0011
Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
2. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 36
Menifee Mayor and City Council
October 2, 2024
Page
174 of 302
C-12
4885-1777-3277v4/200299-0011
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments.
The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds.
In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 37
Menifee Mayor and City Council
October 2, 2024
Page
175 of 302
C-13
4885-1777-3277v4/200299-0011
for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied each Fiscal Year on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times annual debt service for such Fiscal Year on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 38
Menifee Mayor and City Council
October 2, 2024
Page
176 of 302
C-14
4885-1777-3277v4/200299-0011
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-3 IA 3 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-3 IA 3 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-3 IA 3 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-3 IA 3 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
Item Title: 10.8
Change
Proceedings
for
Improvement
Area
No.
2 of
Community
Facilities
District
No.
2022-3,
Legado,
by
BLC
Fleming,
LLC
Item Page Number: 39
Menifee Mayor and City Council
October 2, 2024
Page
177 of 302
CITY OF MENIFEE
SUBJECT: Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development
MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager, or their designee, to accept and execute the Irrevocable Offer of Dedication from MR-56, LLC for the future acceptance of the developed park in Menifee North Specific Plan, Planning Area 10, located near the cross streets of Stone Lane and Man of War Lane just north of Highway 74.
DISCUSSION
The Menifee North Specific Plan (Specific Plan No. 260) was originally approved by the Riverside County Board of Supervisors in 1994. The Menifee North Specific Plan covers lands located on the north side of Highway 74 from Antelope Road on the west to Juniper Flats Road on the east, the area located on the east side of Briggs Road from Highway 74 on the north to Matthews Road on the south and a detached island of land located south of Ethanac Road west of Case/Matthews Road. See Image 1 on the following page for project location.
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 1
Menifee Mayor and City Council
October 2, 2024
Page
178 of 302
City of Menifee Staff Report
Agreement with MR-56, LLC
October 2, 2024
2 3
3 5
IMAGE 1 – MENIFEE NORTH SPECIFIC PLAN PROJECT LOCATION
When fully developed, the Menifee North Specific Plan would provide a combination of land uses including residential, commercial, industrial, business park, recreation, institutional uses. Since the adoption of the Menifee North Specific Plan, various Specific Plan Amendments and substantial conformances have been approved by the Riverside County Board of Supervisors and the City of Menifee with the most recent being Specific Plan Amendment No. 5 approved by City Council on April 17, 2024.
The Menifee North Specific Plan is comprised of approximately 821 acres with 23 Planning Areas defining the Land Use for current and future development. Although there is not a designated developer to serve as the master developer for the entirety of the project, the Menifee North Specific Plan details master planned infrastructure and amenities that each approved project must contribute their fair share to complete. One such amenity is the Community Park identified in Planning Area 10, which is currently privately owned. In order to ensure the Community Park in Planning Area 10 is built according to the Menifee North Specific Plan, all current and future developers will be subject to a Park Development Agreement outlining the responsibilities of both the property owner and the City.
On July 17, 2024, City Council approved a Park Development Agreement between the City and Motte Historical Museum, Inc., the current owner of Tentative Tract Map 34118 (Planning Area 7A and 7B) which proposes to subdivide 27.58 acres into 85 single-family residential lots with a minimum size of 4,000 square feet, 82 garden court condominium homes within one common lot, with a clubhouse, pool and two parks, for an overall density of 6.24 dwelling units per acre. The Park Development Agreement is a condition of approval of the map. See Image 2 on the following page for TTM 34118 property and Community Park locations.
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 2
Menifee Mayor and City Council
October 2, 2024
Page
179 of 302
City of Menifee Staff Report
Agreement with MR-56, LLC
October 2, 2024
2 3
3 5
IMAGE 2 – TTM 34118 AND COMMUNITY PARK LOCATIONS
In alignment with the Park Development Agreement, the current owner of TM 34118 along with their contracted developer, have formed MR-56, LLC to facilitate the purchase of the required land that is outside of TTM 34118 and would ensure the fulfillment of their fair share of the Quimby Act parkland dedication requirements. MR-56, LLC is requesting the execution of the Irrevocable Offer of Dedication (IOD) to ensure the land in Planning Area 10 is dedicated to the future construction of the Community Park and once completed per the schedule provided in the Menifee North Specific Plan, would be deeded over to the City of Menifee.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact for the recommended action. However, upon completion of the development of the Community Park in Planning Area 10, the City would proceed with accepting the completed park and would have to plan for future maintenance in the corresponding fiscal years’ budget.
ATTACHMENTS
1. Irrevocable Offer of Dedication
2. Recorded Park Development Agreement
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 3
Menifee Mayor and City Council
October 2, 2024
Page
180 of 302
RETURN TO:
CITY OF MENIFEE
29844 Haun Road
Menifee, CA. 92586
CERTIFICATE of ACCEPTANCE
(GOVERNMENT CODE SECTION 27281)
FOR RECORDER'S USE
THIS IS TO CERTIFY that the interest in real property granted by this document dated ,
from, MR-56, LLC t o the CITY OF MENIFEE, is hereby
accepted in fee for the purpose of vesting title in the CITY OF MENIFEE on behalf of the public for public park and
recreational purposes, and WILL be included into the City Maintained Park System, subject to improvements in
accordance with City standards, by the undersigned. Grantee consents to recordation thereof by its duly authorized officer.
Dated: CITY OF MENIFEE
By:
ALBERTO PAIVA _ R.C.E. 53534
CITY ENGINEER, CITY OF MENIFEE
APNs: 329-090-019, 329-090-020,
329-090-021
IRREVOCABLE OFFER OF DEDICATION
MR-56, LLC, a California limited liability company (“Grantor”) hereby Grant(s) to the CITY OF MENIFEE (“Grantee” or “City”), a municipal corporation, an Irrevocable Offer of Dedication, in fee, for that certain real property located in the City of Menifee, County of Riverside, State of California, generally located north of Stone Lane, and west of Man of War Lane, for public park, recreation and related purposes, including, but not limited to, parking, drainage purposes, over, upon, across, said property (the “Property”) described as follows:
SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS
DESCRIBED IN EXHIBIT “A” AND DEPICTED IN EXHIBIT “B” AND MADE
A PART HEREOF
Grantor and Grantee acknowledge that pursuant to the terms of the Menifee North Specific Plan and one or more Park Development Agreements entered into between the City and one or more owners of land within the Specific Plan area, one or more other owners within the Specific Plan area shall be responsible for planning and constructing a community park on the Property (the “Park Improvements”), prior to Grantee’s acceptance of this Offer. Grantor agrees to execute a construction license to allow such third party or parties to complete construction of the Park Improvements, subject to commercially reasonable insurance and indemnity provisions to protect Grantor from and against all costs and liabilities associated with completion of the Park Improvements. Grantor shall have no obligation to construct or maintain any portion of the Park Improvements. Subject to the express requirements and limitations set forth herein, Grantor further agrees to reasonably cooperate with the City and the party or parties planning and constructing the Park Improvements, and to take such further actions and execute such additional documents as may be reasonably required in connection with completion of the Park Improvements and inspection and acceptance of same by City.
THIS INSTRUMENT IS FOR THE
BENEFIT OF THE CITY OF MENIFEE
AND ENTITLED TO BE RECORDED
WITHOUT FEE. (GOV. CODE 6103)
DTT:0
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 4
Menifee Mayor and City Council
October 2, 2024
Page
181 of 302
Grantor represents and warrants that (i) Grantor is the sole owner of the Property and has full power and authority to make this Offer, (ii) the Property is free and clear of any and all monetary liens and encumbrances, and (iii) there are no actions, suits, or proceedings pending, or to Grantor’s knowledge, threatened against or affecting the Property.
SIGNATURE OF RECORDED OWNER(S) MUST BE NOTARIZED
Owner: MR-56, LLC a California limited liability company
BY:
John D. Motte
Its Manager
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 5
Menifee Mayor and City Council
October 2, 2024
Page
182 of 302
SHEET 1 OF 2
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL A: (APN: 329-090-019 AND 329-090-021)
LOTS 55 AND 58 OF ROMOLA FARMS, AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 71 OF MAPS, IN
THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, OF OFFICIAL RECORDS, RECORDS OF RIVERSIDE, EXCEPT THE FOLLOWING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 55; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT, 66.98 FEET; THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF SAID LOT, 66.90 FEET NORTHERLY OF THE SOUTHEASTERLY CORNER THEREOF; THENCE SOUTHERLY, ALONG SAID EASTERLY LINE, 66.90 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT, 656.51 FEET TO THE POINT OF BEGINNING.
PARCEL B: (APN: 329-090-020)
THAT PORTION OF LOT 55 OF ROMOLA FARMS, AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 71 OF
MAPS, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, OF OFFICIAL RECORDS, RECORDS OF RIVERSIDE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT, 66.98 FEET; THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF SAID LOT,
66.90 FEET NORTHERLY OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID LOT, 66.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT, 656.51 FEET TO THE POINT OF BEGINNING; ALL AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY.
Legal Description prepared by
or under the supervision of:
Eric W. Metz, L.S. 9198
E i W M t L S 9198
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 6
Menifee Mayor and City Council
October 2, 2024
Page
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656.51'
656.46'
66.98' 66.90'
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
CITY OF MENIFEE, COUNTY OF
RIVERSIDE, CALIFORNIA
PLAT
SHEET 2 OF 2
DATE: 9/18/24
DRN BY: JL
DES BY: CD
CHK BY: EM
SCALE 1" = 125'
Vertex Survey, Inc.
28348 Constellation Road, Suite 800
Santa Clarita, CA 91355
Tel: 661-254-1928 Fax: 661-254-1929
LOT 58
ROMOLA FARMS
MB 12, PG 71
APN 329-090-021
LOT 55
ROMOLA FARMS
MB 12, PG 71
APN 329-090-019
LOT 55
MB 12, PG 71
APN 329-090-020
T.P.O.B.
PARCEL "B"
Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 7
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October 2, 2024
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Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 8
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 10
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 11
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October 2, 2024
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 12
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 14
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 17
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 18
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 19
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 20
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 21
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 22
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Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 23
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Item Title: 10.9
Irrevocable Offer of Dedication with MR-56, LLC for Menifee North Planning Area 10 Park Development Item Page Number: 24
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CITY OF MENIFEE
SUBJECT: Agreement Addendum with Haun Professional, LLC/Amber Management LLC for the Lease of Additional Office Space MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Rebekah Kramer, Deputy City Manager
Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve an addendum to the lease agreement with Haun Professional, LLC c/o Amber Management, LLC for the lease of additional office space located at the Haun Medical Campus at 29826 Haun Road, in an amount not to exceed $27,991.14 through May 2027; and
2. Authorize the City Manager or his/her designee to execute all the necessary documents related to the office space lease agreement addendum.
DISCUSSION
On May 18, 2022, the City Council approved a five-year lease agreement with Haun Professional LLC c/o Amber Management, LLC for office space with a five-year option to extend at the end of the initial term. The office space being leased is within the Haun Medical Campus located at 29826 Haun Road, Suite 307, Menifee, CA and currently houses the IT Department staff. To keep pace with the record growth of the City of Menifee and provide the high level of service Menifee residents have come to expect and enjoy, staff continuously addresses current and near future deficiencies in available space to house city staff and provide vital city functions. As the team grew, staff determined that additional office space was needed to house several IT Department staff.
Additional office space has recently become available next door to the suite that is already leased by the City. Staff has worked alongside Amber Management, LLC to determine the cost of adding this suite to the current agreement. The proposed addendum would be for a term of two years and eight months and run alongside the existing lease agreement beginning October 1, 2024 and ending on May 31, 2027. The additional minimum rental cost would be $633.76 monthly, and Item Title: 10.10
Agreement Addendum with Haun Professional, LLC/Amber Management LLC for the Lease of Additional Office Space Item Page Number: 1
Menifee Mayor and City Council
October 2, 2024
Page
202 of 302
City of Menifee Staff Report
Haun Professional, LLC. Lease Agreement Addendum
October 2, 2024
2 3
3 8
included costs owed to the landlord (triple net estimate) would be $206.75 monthly. The proposed additional cost for the total term of the agreement is $27,991.14 including a possible annual CPI adjustment to the monthly rent of 5% starting July 2025. The total fiscal impact for Fiscal Year (FY) 2024/2025 would be $7,564.59.
TABLE 1: PROPOSED LEASE TERM ADDENDUM
Agreement Year
Original
Annual Total
Additional
Annual Rent
Additional
Triple Net Amt.
New Annual
Total
Year 1 $ 61,457.40 - - $ 61,457.40
Year 2 $ 63,829.44 - - $ 63,829.44
Year 3 $ 66,320.08 $5,703.84 $1,860.75 $ 73,884.67
Year 4 $ 68,935.26 $7,985.38 $2,481.00 $ 79,401.63
Year 5 $ 71,681.19 $7,685.92 $2,274.25 $ 81,641.36
Estimated Total $332,223.37 $21,375.14 $6,616.00 $360,214.50 Separate from the addendum costs above, the City agreed in the original lease to cover utilities including electric, phone, and internet services estimated at $3,000 per year. Additionally, ancillary costs for furniture, flooring renovation, electrical, and cabling would be required. The total cost for the additional items is estimated at $21,500.
With the construction of the City’s new permanent City Hall building, located near Central Park, not expected to be completed within the next five years, staff recommends that City Council authorize the City Manager to execute an addendum to the lease agreement with Haun Professional/Amber Management LLC to obtain additional interim workspace.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of the proposed addendum with Amber Management is (not-to-exceed) $27,991.14. Funding for the first year of the proposed addendum totaling $7,564.59 would be made available within the FY 2024/2025 budget from General Services within the General Fund.
Funding for the remaining $20,426.55 for future years would be budgeted as part of the respective year’s budget. Any additional funding, including the five-year option to extend, would be based on City Council approval.
Funding for the ancillary costs for furniture, flooring, and electrical cabling is available within the approved FY 2024/2025 IT budget.
ATTACHMENTS
Item Title: 10.10
Agreement Addendum with Haun Professional, LLC/Amber Management LLC for the Lease of Additional Office Space Item Page Number: 2
Menifee Mayor and City Council
October 2, 2024
Page
203 of 302
City of Menifee Staff Report
Haun Professional, LLC. Lease Agreement Addendum
October 2, 2024
2 3
3 8
1. Addendum No. 1 to Lease Agreement
2. Original Lease Agreement
Item Title: 10.10
Agreement Addendum with Haun Professional, LLC/Amber Management LLC for the Lease of Additional Office Space Item Page Number: 3
Menifee Mayor and City Council
October 2, 2024
Page
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4 9
2 4
8 ADDENDUM NO. 1 TO LEASE
THIS ADDENDUM NO. 1 TO LEASE AGREEMENT (“Addendum No. 1”) is made and entered into effective as of October 1, 2024 (the “Effective Date”) to amend that certain Commercial Lease dated April 28, 2022 (“Lease”) by and between Haun Professional, LLC (LANDLORD) and City of Menifee (TENANT) for premises known as 29826 Haun Rd Suite 307, Menifee CA 92586.
1.Capitalized terms used but not defined in this Addendum No. 1 shall have the meanings ascribed to them in the Lease.
2.Section 2 of the Lease shall be modified to change the square footage of the demised premises to add 272 square feet, for a total of 2,069 square feet, equal to a 3.923% Tenant share of the total building owed by LANDLORD.
3.Paragraph A of Section 4 of the Lease is updated to increase the Guaranteed Minimum Monthly Rental as defined in the lease by Six Hundred Thirty Three Dollars and Seventy Six Cents ($633.76) per month, for a total Guaranteed Minimum Monthly Rental of Four Thousand Five Hundred Eighty Seven Dollars and Sixteen Cents ($4,587.16).
4.Paragraph C of Section 4 of the Lease is updated to increase the triple net estimate described therein by Two Hundred Six Dollars and Seventy-Five Cents ($206.75) per month for a total of One Thousand Three Hundred Seventy Four Dollars and Eighty Cents ($1,374.80).
5.All other terms and conditions of the Lease remain in full force and effect.
Signed under this ________ day of _______ 20__.
LANDLORD TENANT _______________________ ________________________ City Manager,
Armando G. Villa
ATTEST:
City Clerk,
Stephanie Roseen
APPROVED AS TO FORM
City Attorney,
Jeffrey T. Melching
Item Title: 10.10
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COMMERCIAL LEASE
THIS LEASE, made and entered into this 28 th day of April 2022 by and between HAUN PROFESSIONAL, a Limited Liability Company, as LANDLORD, and CITY OF MENIFEE, as TENANT, hereinafter respectively referred to as LANDLORD and TENANT, without regard to number or gender.
WITNESSNETH
1. USE. Landlord hereby Leases to Tenant, and Tenant hereby hires from Landlord, for the purpose of locating City offices, for the City of Menifee, those certain premises with appurtenances described as hereinafter set forth.
2. PREMISES. The premises Leased to Tenant, together with appurtenances, are hereinafter referred to as the “demised premises” and are situated in the City of Men ifee, County of Riverside, State of California, and has the following address:
29826 Haun Rd. Suite 307, Menifee, CA 92586
The square footage of the demised premises (including a proportionate share of commonly used areas such as, but not limited to, utility rooms) is approximately 1797 square feet, which represents
3.406% of the total building owned by Landlord.
3. TERM. The term of this Lease shall be for a period of FIVE (5) year(s). The term hereof shall commence on June 1, 2022 and expire on May 31, 2027.
4. RENT:
A. “Guaranteed Minimum Monthly Rental.” Tenant shall pay to Landlord as monthly rental for the demised premises the sum of:
THREE THOUSAND NINE HUNDRED FIFTY THREE AND 40/100’S DOLLARS ($3,953.40) per month, which sum shall be paid in advance on the first day of each calendar month throughout the term(s) of this Lease. Said rental shall commence upon the commencement of the term of the Lease as set forth in Article 3 hereof. In the event that th e term of this Lease commences upon any day other than the first day of a calendar month, rental for the fractional month during which the Lease term commences shall be prorated on a per diem basis (calculated on the basis of a thirty (30) day month), and paid at the commencement of the Lease term. All rental to be paid by Tenant to Landlord shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, and at such place or places as may be d esignated from time to time by Landlord. Any rental paid by check is to be made payable to AMBER MANAGEMENT,LLC.
B. When the term of this Lease is more than one year, upon each anniversary date of the commencement of the term of this Lease, the “Guaranteed Minimum Monthly Rental” shall be increased by:
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(1) Any increase in the cost of living index, [based on the U.S. Consumer Price Index for All Urban Consumers (CPI -U) published by the United States Department of labor, (in which 1982- 84 equals 100)], over the cost of living index for the first month of the term of this Lease. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in any new Index. Since a Lapse of 30 to 60 da ys can occur before current CPI figures are published, the CPI calculations shall be made using the most recent CPI-U figures available at the date of adjustment. Notwithstanding, such increase shall not exceed 5% per year.
C. This Lease is what is com monly called a “Net, Net, Net Lease,” it being understood that the Landlord shall receive the rent set forth in Paragraph 4.A. free and clear of any and all other impositions, Real Estate Taxes, liens, charges or expenses of any nature whatsoever in conne ction with the ownership and operation of the Premises. In addition to the rent reserved by Paragraph 4.A. Tenant shall pay to the parties respectively entitled thereto its prorata share of all impositions, insurance premiums, operating charges, maintenance charges, construction costs, and any other charges, costs and expenses which arise or may be contemplated under any provisions of this Lease during the term hereof.
All of such charges, costs and expenses shall constitute additional rent, and upon the failure of Tenant to pay any of such costs, charges or expenses, Landlord shall have the same rights and remedies as otherwise provided in this Lease for the failure of the Tenant to pay rent. It is the intentions of the parties hereto that this Lease shall not be terminable for any reason by the Tenant, and that Tenant shall in no event be entitled to any abatement of or reduction in rent payable under this Lease, except as herein expressly provided. Any present or future law to the contrary shall not alter this agreement of the parties. Triple net is currently estimated at ONE THOUSAND ONE HUNDRED SIXTY EIGHT AND 05/100’S
( $1,168.05) per month.
E. Definition of Real Estate Taxes. The term “Real Estate Taxes” as used herein shall be deemed to mean all taxes imposed upon the real property and permanent improvements, and all assessments levied against said premises, but shall not include, except as otherwise provided in the next succeeding paragraph, personal income taxes, personal property taxes, inheritance taxes, or franchise taxes levied against the Landlord.
If, at any time during the term of this Lease under the laws of the United States Government, State of California, or any political subdivision thereof, i n which the demised premises are situated, a tax or excise on rent or any other tax, however described, is levied or assessed by any such political body, as aforesaid described, against Landlord on account of or measured by the rentals payable to Landlord hereunder, such tax and excise shall be considered for the purposes of this Article 4 and of Article 8, a REAL ESTATE TAX. In the event and to the extent any tax, is “in lieu of” or “in substitution of” an increase in a Real Estate Tax, such tax shall be for the purposes of this Article 4 and or Article 8, be considered a Real Estate Tax.
5. PERSONAL PROPERTY TAXES. During the term hereof Tenant shall pay, prior to delinquency, all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Tenant contained in the demised premises, and when possible, Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord. In the event any or all of the Tenant’s fixtures, furnishings, equipment and other personal property shall be assessed and taxed with the Landlord’s real property, the Tenant shall pay DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Item Title: 10.10
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to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement, in writing, setting forth the amount of such taxes applicable to the Tenant’s property.
6. PARKING AND COMMON FACILITIES. Tenant, for the use and benefit of Tenant, it’s agents, employees, customers, licensees and subtenants shall have the non-exclusive right in common with Landlord, and other present and future owners of the demised premises and/or common areas to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, roadway, sidewalk and automobile parking.
Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules and regulations as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include, but not be limited to, the following: (1) the restricting of employee parking to a limited, designated area or areas; (2) the regulation of the removal, storage and disposal of Tenant’s refuse and other rubbish at the sole cost and expense of Tenant.
7. USES PROHIBITED. Tenant shall not use, or permit said premises, or any part thereof, to be used for any purposes or purposes other than the purpose or purposes for which said premises are hereby leased; and no use shall be made or permitted to be made of said premises, nor acts done, which will increase the existing rate of insurance upon the building in which said premises may be located (once said rate is established), or cause a cancellati on of any insurance policy covering said building or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about said premises any article which may be prohibited by standard form of fire insurance policies. Tenant shall, at his sole cost, comply with any and all requirements pertaining to the use of said premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering said building and appurtenances. In the event Tenant’s use of the premises, recited in Article 1 hereof, results in a rate increase for the building of which the demised premises are a part, Tenant shall pay annually, in advance, as additional rent, a sum equal to that of the additional annual premium occasioned by said rate increase.
8. ALTERATIONS. Tenant shall not make or suffer to be made, any alterations of the demised premises, or any roof penetration, without the prior written consent of Landlord, and any additions to, or alterations of, said premises, except moveable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. Landlord may condition its consent to any alteration upon the agreement of Tenant to remove such alteration prior to the expiration or termination of the Lease terms.
9. MAINTENANCE AND REPAIR. Tenant shall, at all times during the term hereof, and at Tenant’s sole expense, keep, maintain and repair the demised premises in good and sanitary order and condition (except as hereinafter provided with respect to Landlord’s obligations), including without limitation, the maintenance, repair and replace of the heating and air -conditioning system. By entering into the demised premises Tenant shall be deemed to have accepted the demised premises as being in good and sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner termination of this Lease to surrender the demised premises with appurtenances, in the same condition as when received, r easonable use and wear thereof and damage by fire, act of God or by the elements excepted. If Tenant refuses or neglects to commence or complete any repair or maintenance required by Tenant as per this Article 9, Landlord may, but shall not be required to do so, make or complete the repair and/or maintenance and Tenant shall pay the cost thereof to the Landlord on demand.
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Notwithstanding any provisions in the preceding paragraph to the contrary, Landlord reserves the right, at any time or from time to time throughout the term of this lease, to make an agreement or contract for the maintenance of the heating and air -conditioning apparatus in the demised premises or in the building of which the demised premises form a part. In such event, Tenant shall promptly pay to Landlord, on a monthly basis, or as required by Landlord, Tenant’s share of the cost of such maintenance contract, which share shall be apportioned according to the floor area of the demised premises as it relates to the total floor area building or buildings which are included within said maintenance contract or agreement.
10. COMPLIANCE WITH LAWS. Tenant shall, at its sole cost and expense, comply with all the requirements of all municipal, state, and federal authorities now in force or which may hereafter be enforced pertaining to the use of said premises, and shall faithfully observe in said use all municipal ordinances and state and federal statutes now in force or which shall hereinafter be in force. The judgment of any court of compet ent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinance or statute in said use, shall be conclusive of that fact as between the Landlord and Tenant.
Tenant shall not commit or suffer to be committed, any waste on the demised premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Tenant in the building(s).
11. INDEMNIFICATION OF LANDLORD- INSURANCE. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to goods, wares and merchandise in, upon, or about said premises and for injuries to persons in or about said premises, from any cause arising at any time, and Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or the goods, wares, and merchandise of any person arising from the use of the premises by Tenant, or from the failure of Tenant to keep the premises in good condition and repair, as herein provided.
During the term of this Lease, Tenant shall, at the Tenant’s sole cost and expense, but for the mutual benefit of Landlord and T enant, maintain general public liability insurance against claims for personal injury, death or personal property damage occurring in, upon or about the demised premises and on any sidewalks directly adjacent to the demised premises. The limitation of lia bility of such insurance shall be not less than One Million Dollars ($ 2,000,000.00) in respect to each occurrence of bodily injury or death and to the limitation of not less than One Hundred Thousand Dollars ($100,000.00) in respect to property damage. All such policies of insurance shall be issued in the name of Tenant and Landlord and for the mutual and joint benefit and protection of the parties. A certificate naming Landlord as additional insured evidencing such insurance shall be delivered to the Landlord at the commencement of the Lease term and thereafter, within thirty (30) days prior to the expiration of the term of each such policy, which shall provide that not less than ten (10) days written notice shall be given to Landlord prior to the cancellation or modification of each such policy.
Tenant shall, throughout the entire term of this Lease, maintain in full force on all of its fixtures, equipment and merchandise which may be from time to time located in the demised premises, a policy or policies of fire insurance with a standard form extended coverage endorsement to the extent of at least eighty percent (80%) of their full insurable value. As long as this Lease is in effect, the proceeds of any such policy shall be used for the repair or repla cement of said fixtures, equipment and merchandise, and certificates evidencing such insurance shall be delivered to Landlord by Tenant promptly upon the DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Item Title: 10.10
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commencement of the term of this Lease, and thereafter, within thirty (30) days prior to the expiration of the terms of each such policy. Any such policy of insurance shall contain an express waiver of any right of subrogation against Landlord, provided that such waiver may be obtained without the payment of additional consideration.
Landlord shall maintain fire and extended coverage insurance throughout the term of this Lease with such endorsements and in such amounts as Landlord may from time to time deem necessary covering the building upon the demised premises.
12. FREE FROM LIENS. Tenant shall k eep the demised premises and the property in which the demised premises are situated, free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant.
13. ABANDONMENT. Tenant shall not vacate nor abandon the demised premises at any time during the term of this Lease, and if Tenant shall abandon, vacate or surrender the demised premises or be dispossessed by process of law or otherwise, any personal property belonging to Tenant and left on the demised premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord.
14. SIGNS AND AUCTIONS. Tenant shall not affix any sign on or to the building. Tenant may not display or sell merchandise or allow grocery carts or other similar devices within the control Tenant to be stored or to remain outside the defined exterior walls and permanent doorways of the premises.
Tenant further agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the premises and advertising media which may be heard or seen outside the premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts.
Tenant shall not conduct nor permit to be conducted any sale by auction in, upon or from the demised premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding.
15. UTILITIES. Tenant shall pay, before delinquency, all charges for electricity, power, telephone service and all other services of utilities used in, upon, or about the demised premises by Tenant or any of its subtenants, licensees, or concessionaires during the term of this Lease. Water and gas utilities are included in the Triple Net Amount in section 4.C.
16. ENTRY AND INSPECTION. Tenant shall permit Landlord and its agents to enter into and upon the demised premises with a prior twenty-four (24) hour notice, unless due to an emergency for the purpose of inspecting the same or for the purpose of maintaining the building in which said premises are situated, or for the purpose of making repairs, alterations or additions to any other portion of said building, including the erection and maintenance of such scaffolding, canopy fences and props as may be required, or for the purpose of posting notices of non-liability for alterations, additions, or repairs, or for the purpose of placing upon the property in which the premises are located any usu al or ordinary “For Sale” signs.
Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the premises thereby occasioned. Tenant shall permit Landlord, at any time within thirty (30) days prior to the expiration of this Lease, to place upon said premises any usual or ordinary “For Lease” signs and during such thirty (30) days period, Landlord DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Item Title: 10.10
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or its agents may, during normal business hours, enter upon said premises and exhibit same to prospective Tenants.
17. DAMAGE AND DESTRUCTION OF PREMISES. In the event of: (a) a partial destruction of the premises or the building containing the same during the term, or (b) said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant’s act, use or occupation, which declaration requires repairs to either said premises or said building, Landlord (except as hereinafter further set forth), shall fort hwith make such repairs, provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefore and provided further that such repairs can be made within sixty (60) days after the occurrence of said partial destruction or after said declaration by any authorized public authority, and provided said repairs can be made within said time period under the laws and regulations of authorized public authorities, but such partial destruction (including any destruction necessary in order to make repairs required by any such declaration) shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in said premises, and provided that in making such repairs, Landlord shall be obligated to replace only such glazing as shall have been damaged by fire and other damaged glazing shall be replaced by Tenant.
Tenant shall continue the operation of its business on the demised premises during any such period of restoration and repair to the extent reasonably practicable from the standpoint of prudent busin ess management, and Tenant’s obligation to pay rent shall remain in full force and effect. If such repairs cannot be made within the aforementioned sixty (60) days, Landlord may, at its option, elect to make same within a reasonable period of time: and provided Landlord uses due diligence in making such repairs, this Lease shall continue in full force and effect, and the minimum guaranteed rent shall be proportionately reduced as here-in-above provided. The commencement of such work of repair may be postponed for a reasonable time to permit Landlord’s recovery under any policy of insurance covering such loss.
In the event the repairs called for here- in-above in this Article cannot be made within the aforementioned sixty (60) day period and in the event L andlord does not elect to make same using due diligence and as here-in-above provided, then this Lease may be terminated at the option of either of the parties, with all rentals to be prorated between Landlord and Tenant as of the date of termination. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority), which Landlord is obligated to repair or may elect to repair under the terms of this Article 17, the provisions of Section 1932, Subdivision (2) and Section 1933 Subdivision (4) of the Civil Code of the State of California are waived by Tenant.
Total destruction (including any destruction required by any authorized public authority) of either said premises or the building of which the demised premises are a part, shall terminate this Lease.
Notwithstanding anything contained in this Article 17 to the contrary, in the event of a partial destruction of said premises or the building containing the same during the last year of the term of this Lease, or in the event of a partial destruction resulting from a casualty not insured under a standard fire and extended coverage insurance policy, then, and in either of such events, Landlord shall have the right, at its option, to terminate this Lease by giving written notice of such termination to Tenant within forty-five (45) days following such partial destruction, in which event rentals shall be prorated between Landlord and Tenant as of the date of such termination.
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In the event that Landlord elects to repair and restore the demised premises following any casualty damage, Tenant shall repair and restore or replace all exterior signs, trade fixtures, equipment, display cases or other installations originally installed by Tenant. Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant’s interest in this Lease, and Tenant shall have no interest in the proceeds of any insurance carried by Landlord, except as specified in Article 11.
18. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any interest therein, and shall not sublet the demised premises or any part thereof, or any right or privilege appurtenant thereto, or permit any other person (the agents and servants of Tenant excepted) to occupy or use the demised premises, or any portion thereof, without first obtaining the written consent of Landlord. Consent by Landlord to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to an assignment or subletting shall not release the original named Tenant from liability for the continued performance of the terms and provisions on the part of Tenant to be kept and performed, unless Landlord specifically and in writing releases the original named Tenant from said liability. Any assignment or subletting without the prior written consent of Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall not, nor shall any interest therein, be assigned, as to the interest of Tenant, by operation of law, without the prior written consent of Landlord.
Landlord agrees not to withhold its consent to any proposed assignment unreasonably, provided that such assignment is to a solvent party having a financial strength and business experience equal to or greater than that of Tenant, as determined by Landlord, and provided that t he assignee agrees in writing to assume the obligations of the Tenant pursuant to this Lease in a form satisfactory to Landlord. Landlord may condition any such consent upon the payment of all reasonable costs and attorneys’ fees incurred by Landlord in connection with any such assignment.
19. DEFAULT. In the event of any breach of this Lease by Tenant, Landlord shall notify the Tenant in writing of such breach, and Tenant shall have three (3) days in which to cure any such breach as to payments of rent or other sums due hereunder, and thirty (30) days to cure any other breach, and if Tenant shall fail to cure such breach or default within such time limit, then Landlord, besides other rights or remedies Landlord may have, shall have the immediate right to:
A. Immediately terminate Tenant’s right to possession of the premises, and repossess the same by summary proceedings or other appropriate action, and Landlord shall thereupon be entitled to receive from Tenant all damages specified in California Civil Code Section 1951.2(a), including, without limitation, the right to receive the worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the s ame period that Tenant proves could be reasonably avoided; all of which damages to the extent specific in Section 1951.2(a) shall be computed by allowing interest at the maximum rate permitted by law; or B. Continue this Lease in effect without terminating Tenants right to possession even though Tenant has breached this Lease and abandoned the premises; and to enforce all of the Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due under this Lease; provided, however, that Landlord may at any time thereafter elect to terminate this Lease for such previous breach by notifying Tenant in writing that Tenant’s right to possession of the premises has been terminated.
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In the event that upon a termination of Tenant’s right of possession or upon the termination or expiration of this Lease, Tenant fails to remove from the premises any of Tenant’s property located thereon, which Tenant is entitled or required to remove pursuant to the terms of this Lease, Landlord shall not be responsible for the care or safekeeping thereof and may remove any of the same from the demised premises and place the same in storage in a public warehouse at the cost, expense and risk of Tenant with authority to the warehouseman to sell the same in the event that Tenant shall fail to pay the cost of transportation and storage, all in accordance with the rules and regulations applicable to the operation of a public warehouseman’s business. Any refusal by public warehouseman to accept personal property located in the demised premises upon such conditions shall be an unconditional warrant to Landlord for disposing of the same in any manner Landlord may see fit, and without accountability for any alleged value thereof.
No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions thereof.
20. INSOLVENCY OF TENANT. Tenant agrees that in the event all or substantially all of its assets be placed in the hands of a receiver or trustee, and in the event such receivership or trusteeship continues for a period of ten (10) days, or should Tenant make an assignment for the benefit of creditors, or be adjudicated a bankrupt, or should Tenant institute any proceedings under any state or federal bankruptcy act wherein Tenant seeks to be adjudicated a bankrupt, or seeks to be discharged of its debts, or should any involuntary proce edings be filed against such Tenant under such bankruptcy laws and Tenant consents thereto or acquiesces therein by pleading or default, then this Lease or any interest in and to the demised premises shall not become an asset in any of such proceedings and in any of such events, and in addition to any and all rights or remedies of Landlord hereunder or as provided by law, it shall be lawful for Landlord, at his option, to declare the term hereof ended and to re -enter the demised premises and take possession thereof and remove all persons therefrom and Tenant shall have no further claim hereunder.
21. SURRENDER OF PREMISES BY TENANT. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and sh all, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to him of any or all of such subleases or subtenancies.
22. SALE OF PREMISES BY LANDLORD. In the event of any sale of the demised premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence, or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the demised premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. In the event that Landlord either now or in the future does not own all of the building or property annexed thereto, Tenant agrees that it shall have no right to cancel this Lease, reduce or abate rents or pursue any other remedy for any violation of this Lease by virtue of any act or omission on or with respect to property owned by Landlord.
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23. ATTORNEY’S FEES. In the event the Landlord finds it necessary to retain an attorney in connection with the default by the Tenant in any of the agreements or covenants contained in this Lease, Tenant shall pay reasonable attorney fees to said attorney.
In the event of any litigation regarding this Lease, the losing party shall pay to the prevailing party reasonable attorney fees.
24. LANDLORD PAYING CLAIMS. Should Tenant fail to pay and discharge, when due and payable, any tax or assessment, or any premium or other charge in connection with any insurance policy or policies which Tenant is obligated to pay, or any lien out of the repair, alteration, maintenance and use of the demised premises, as provided for in this Lease, after ten (10) days written notice from Lan dlord, then Landlord may, at its option and without waiving or releasing Tenant from any of Tenant’s obligations hereunder, pay any such tax, assessment, lien, claim, insurance premium or charge, or settle or discharge any action therefore or satisfy any judgment thereon.
All costs, expenses and other sums incurred or paid by Landlord in connection therewith, together with interest at the maximum rate permitted by law per annum on such costs expenses and sums from the date incurred or paid by Landlord, shall be deemed to be additional rent hereunder and shall be paid by Tenant with and at the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease.
25. CONDEMNATION. The term “total taking,” as used in this Article 25 means the taking of the premises under the power of eminent domain or a taking of so much thereof as to prevent or substantially impair the conduct of Tenant’s business thereon. The term “partial taking,” means the taking of a portion only of said property, which does not constitute a total taking, as above defined.
If, during the term hereof, there shall be a total taking by public authority under the power of eminent domain, then the Leasehold estate of Tenant in and to the premises shall cease and terminate as of the date actual physical possession thereof shall be so taken.
If, during the term hereof, there shall be a partial taking of the premises, this Lease shall terminate as to the portion of the property taken upon the date which actual possession of said portion is taken pursuant to said eminent domain proceedings, but this Lease shall continue in force and effect as to the remainder of the premises. The minimum annual ren tal payable by Tenant for the balance of the term shall be abated in the ratio that the square footage of floor area taken bears to the total floor area of the demised premises at the time of such taking.
If any portion of the parking and common areas shall be so taken so as to prevent or substantially impair the conduct of Tenant’s business on the premises, then Tenant may, at its option, terminate this Lease by giving Landlord written notice of its election so to do, unless Landlord shall, with reasonable diligence, restore the parking and common areas taken by substituting therefore equivalent land reasonably adjacent to the premises. If this Lease is not terminated by Tenant pursuant to the provisions of this Article 25, there shall be no reduction, c hange or abatement of any rental or other charge payable by Tenant to Landlord hereunder, and this Lease shall continue in full force and effect.
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All compensation and damages awarded for the taking of the premises or the common facilities, or any portion or portions thereof, shall, except as otherwise herein provided, belong to and be the sole property of Landlord, and Tenant shall not have any claim or be entitled to any award for decrease in value of its Leasehold hereunder or for the value of any unexpired term of this Lease; provided, however, Tenant shall be entitled to any award that may be made for the taking of or injury to, or on account of any cost or loss Tenant may sustain in the removal of Tenant’s merchandise, fixtures, equipment and furnishings.
If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Article 25, all rents and other charges payable by Tenant to Landlord hereunder and attributable to the property taken, shall be paid up to the date upon whi ch actual physical possession shall be taken by the condemnor, and the parties shall thereupon be released from all further liability in relation thereto.
A voluntary sale by Landlord to any public body or agency having the power of eminent domain, either under threat of condemnation or while condemnation proceedings are pending, or any taking by inverse condemnation, shall be deemed to be a taking under the power of eminent domain for the purposes of this Article 25.
26. ANNEXATION. Landlord reserves the right, by written notice to Tenant, to annex other real property to the parcel containing the demised premises at any time or from time to time during the term hereof, in which event all of the terms, covenants and provisions of this Lease relating to the demised premises, parking area, and common areas shall apply to said annexed real property. Tenant acknowledges that Landlord has made no representation or warranty with respect to the annexation of any parcel, or any portion thereof, or with respect to the type or nature of development, which may be constructed upon, said parcel, if any.
27. SUCCESSORS IN INTEREST. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.
28. TENANT’S PERFORMANCE. In the event Tenant shall fail within any time limits which may be provided herein to complete any work or perform any other requirement provided to be performed by Tenant prior to the commencement hereof, or in the event Tenant shall cause a delay in the completion of any work, Landlord shall send Tenant written notice of said default and if said default is not corrected within ten (10) days thereafter, Landlord shall have the option of terminating this Lease by a written notice of termination and upon forwarding of said notice, this Lease shall cease and terminate.
29. FORCE MAJEURE. If either p arty hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated (financial inability expected), performance of such act shall be excused for a period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, that nothing in this Article 29 contained shall excuse Tenant from the prompt payment of any rental or other charge required of Tenant hereunder except as may be expressly provided elsewhere in this Lease.
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30. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.
31. MARGINAL CAPTIONS. The various headings and numbers herein and the groupings of the provisions of this Lease into separate Articles and paragraphs are for the purpose of convenience only and shall not be considered a part hereof.
32. TIME. Time is of the essence of this Lease.
33. SUBORDINATION. Upon the signing of this Lease, Tenant agrees to subordinate his/her right hereunder to the lien of any first mortgage or first deed of trust to any bank, insurance company, pension fund or any other lending institution, now or hereafter in force against the land and building of which the demised premises are a part, and upon any buildings hereafter placed upon the land of which the demised premises are a part, and to all advances made or hereafter to be made upon the security thereof.
In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the demised premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease.
The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof.
34. OFFSET STATEMENT. Within ten (10) days after request therefore by Landlord, or in the event that upon any sale, assignment or hypothecation of the demised premises of the land thereunder by the Landlord, an offset statement shall be required from Tenant and Tenant agrees to deliver, in recordable form, a certificate addressed to any such proposed mortgagee or purchaser, or to the Landlord, certifying that this Lease is in full force and effect and that the term of this Lease has commenced (if such be the case), that there are no differences or offsets thereto (or stating those claimed by Tenant), and that Tenant knows of no defaults by Landlord hereunder, (or stating any such defaults known by Tenant).
35. EXAMINATION OF LEASE. Submission of this instrument for examination or execution by Tenant does not constitute a reservation of or an option for Lease, and it is not effective as a Lease or otherwise until execution and delivery by both Landlord and Tenant.
36. RELATIONSHIP OF PARTIES. The relationship of the parties hereto is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not, in any way, nor for any purpose, become a partner in the conduct of Tenant’s business or otherwise, or a joint venture with Tenant, and the provisions of this Lease and agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.
37. RIGHTS OF LENDERS. Notwithstanding anything to the contrary in this Lease, Landlord shall not be in default under any provision of this Lease unless written notice specifying such default is mailed to Landlord and to all mortgagees and/or trust deed holders of which Tenant has, prior to such notices, been notified in writing. Tenant agrees that any such mortgagee or trust deed holder shall have DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Item Title: 10.10
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the right to cure such default on behalf of Landlord within thirty (30) calendar days after receipt of such notice. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, or during any period that such mortgagee or trust deed holder is proceeding t o cure such default with due diligence, or is taking steps with due diligence to obtain the legal right of entry as may be required to cure the default.
38. OPTION TO RENEW. In the event that Tenant shall not then be in default hereunder, Tenant shall have the right not earlier than one hundred eighty (180) days prior to the date of the expiration of the term of this Lease, and not later than ninety (90) days prior to the date of expiration of the term of this Lease, to renew the term of this Lease for an additional FIVE (5) YEARS from the date of expiration of the term of this Lease as outlined hereinafter. Such election shall be made by Tenant by serving upon the Landlord a notice in writing to the effect that Tenant elects to renew and extend the term of this Lease for such extended term. Except for the re -determination of rental in accordance with this paragraph, all terms and conditions of the original Lease agreement shall apply to any extended term.
During the extended term of this Lease, Tenant shall pay to Landlord as monthly rental for the demised premises the GREATER OF; (1) the monthly rental for the last month of the primary term of this Lease plus Lease year-end adjustments that would have been made had this Lease not expired (per Article 4 hereof), or (2) the amount equal to the then current market rental value of the space occupied, at the time of renewal, as determined by independent appraisal. Extended term rental amounts are to be adjusted annually, (adjustments to be made on the same anniversary date as they were made during the primary term of this Lease), as per Article 4 hereof. The above sums shall be paid in advance on the first day of each calendar month throughout the term of this Lease, in the same manner as set forth i n Article 4A of this Lease.
The Security Deposit, as per Article 38 hereof, shall be increased, at the Landlord’s option, to an amount equal to not less than the amount of one months current rental (including adjustments as per Article 4 hereof), which is in effect at the time the Tenant elects to exercise the Option to Renew.
39. HOLDING OVER. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, shall be construed to be tenancy from month to month, cancelable upon thirty (30) days written notice, and at a minimum monthly rental and upon the terms and conditions as existed during the last year of the term hereof, or any extensions thereof.
40. NOTICES. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall be deemed to have been duly given or served unless in writing and forwarded by registered mail, addressed as follows:
TO LANDLORD: HAUN PROFESSIONAL, LLC
c/o AMBER MANAGEMENT, LLC
29826 Haun Rd Ste 305
Menifee, CA 92586
(951) 301-8835
DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Item Title: 10.10
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TO TENANT: MENIFEE CITY HALL
29844 Haun Rd
Menifee, CA 92586
Either party may change such address by giving to the other written notice.
41. SCOPE OF AGREEMENT. This Lease, together with any Ad dendum to Lease, attached hereto and executed by Landlord and Tenant, if any, is and shall be considered to be the only agreement between the parties hereto, and all negotiations and oral agreements acceptable to both parties are included herein.
IN WITNESS WHEREOF, the parties have duly executed this Lease, together with the herein referred to Exhibits, if any, which are attached hereto, the day and year first above written.
LANDLORD TENANT
By:_______________________ By:_______________________
ATTEST:
_____________________________
City Clerk
DocuSign Envelope ID: 366A8394-12F5-4860-92D1-B1D550CEA915 Acting , Stephanie Roseen
______________________________
City Attorney, Jeffrey T. Melching
______________________________
City Manager, Armando G. Villa
DocuSign Envelope ID: B6FFCE2F-F278-42CD-B851-3E0E24769078 Lynette Gibson Managing Partner
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project
MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and Authorize the City Manager to execute Amendment No. 4 to the Professional Services Agreement with KOA Corporation for the McCall Boulevard Widening Project, Capital Improvement Program (CIP) Project No. 22-03, located between Oakhurst Avenue and Junipero Road, for environmental and civil design services, increasing the compensation amount by $3,300, for a total not-to-exceed amount of $297,343.38.
DISCUSSION
The McCall Boulevard Widening Project, CIP Project No. 22-03 (“Project”), is located between Oakhurst Avenue and Junipero Road. The existing roadway is a four-lane facility that narrows to two lanes for approximately a half mile before opening to four lanes. Due to increases in residential and commercial developments in this area, there is a need for additional vehicle lanes to support current traffic conditions. Under the City’s General Plan, this segment of McCall Boulevard is designated as an arterial roadway that would ultimately provide for six lanes of traffic.
The Project would widen the existing two-lane road to a four-lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City standards. The Project is currently in the final phase of design.
On February 16, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with KOA Corporation (“Consultant”) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. As the Project progresses through the final phase of design, it was determined that the proposed alignment along McCall Boulevard would require imported fill material to achieve the necessary elevations. The placement of the imported fill material requires a construction technique called benching. Benching is a method of cutting a series of steps into the existing dirt to prevent collapse of the imported fill material. The size of Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 1
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CIP 22-03 KOA Amendment No. 4
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the horizontal and vertical cuts used during the benching process must be determined by a geotechnical engineer.
In addition to the required geotechnical evaluation, the design recommendations and details on the final plans must also be updated. The additional efforts included in Amendment No. 4 are required to complete the final design for the PS&E phase of the Project. Amendment No. 4 would increase the Consultant’s Agreement by $3,300, increasing the total not-to-exceed amount of the Agreement to $297,343.38. The Consultant’s amendment history for the Project is summarized in Table 1 below.
TABLE 1 – KOA CORPORATION’S AGREEMENT HISTORY
PSA Activity Approval Date Summary of Changes Value
Original Contract 6/21/2023 PS&E design services. $231,726.22 Amendment 1 7/20/2023 Hydrology report and drainage
engineering
$11,760.00
Amendment 2 12/6/2023 Term extension through 12/31/2025 N/A Amendment 3 6/19/2024 Additional environmental focused
Studies: Burrowing owl survey, Narrow
endemic plants & rare plant survey.
Pre-construction survey (avian,
woodrat middens & jack rabbits),
streambed delineation, regulatory
permit.
$50,557.16
Amendment 4 Pending Ongoing design support for
additional meetings, geotechnical
evaluation, and recommendations.
$3,300.00
TOTAL $297,343.38
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the contract amount or that exceed the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 4 with the Consultant is $3,300, for an Agreement total not-to-exceed $297,343.38. Funding for the proposed Amendment No. 4 is available in the FY 2024/2025 budget within the Measure A Fund (2220-PWD-CIPS-760000), as summarized in Table 2 below.
TABLE 2 – PROJECT BUDGET
Fund Available Budget Anticipated Cost
Measure A $439,867.15 $3,300.00
TOTAL $439,867.15 $3,300.00
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No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Project Location Map
2. Amendment No. 4
3. Original Agreement
4. Amendment No. 1
5. Amendment No. 2
6. Amendment No. 3
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
This is Amendment No. 4 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and KOA CORPORATION, a California S -Corporation (“Consultant”) for CIP 22 -03: MCCALL
BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on December 6, 2023 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on June 19 , 202 4 (“Amendment No. 3”), which this Amendment No. 4 is made and entered on , 2024 to increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. SECTION 2, “Compensation” is amended to increase the maximum compensation by THREE THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($3,300.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED NINETY
SEVEN THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($29 7,343.38) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed TWO HUNDRED NINETY SEVEN
THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($297,343.38) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
KOA CORPORATION
Michael Nilsson , Principal, Director of
Planning
Giuseppe Canzonieri, Principal, Director of
Engineering
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary in-
lieu]
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EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
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2671/031858-0001
7630376.2 a01/11/23
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KOA CORPORATION, a California S - Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsis tency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services . The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein . That agreement was erroneously allowed to expire.
The Parties continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on December 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 S
tandard of Performance . Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 A
ssignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
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1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 A uthorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs w hatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 C ovid- 19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED THIRTY
ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 F
inal Payment . City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 T
otal Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreeme nt. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 R eimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 P ayment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 P ayment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses i ncurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other commu nication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certifica tes of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 C
ommercial General and Automobile Liability Insurance .
a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the S ervices to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. A
dditional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. C
lai ms-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or term ination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. V erification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. N
otice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. A dditional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnis h separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. V
ariation . The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 R
emedies . In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 L
imitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 L
imitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accompli shes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703- 4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs in curred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 L
icenses and Permits . Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 T ermination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 C onsequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 E
xtension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 A ssignment and Subcontr acting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 S
urvival . All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Cons ultant shall survive the expiration or termination of this Agreement.
8.8 O ptions upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 L
icensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 C
onsultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 A
pplicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 S
everability . If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 S
ection Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 N
o Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 S
uccessors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 C onsultant Representative . All matters under this Agreement shall be han dled for Consultant by Min Zhou (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 22
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best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract A dministration. This Agreement shall be administered by a City employee, Jenny McConville , Management Analyst I (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 N
otices . Any written notice to Consultant shall be sent to:
KOA CORPORATION
Attn: Min Zhou
2141 West Orangewood, Suite A
Orange, CA 92868
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst I
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedie s. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 23
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exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 E xecution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 N
ondiscrimination . Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 N
o Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 N onliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 N
o Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 N
o Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
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[Signatures on Following Page]
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 25
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Interim City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Min Zhou, PE Area Manager, California
Region
Juan Gutierrez, CMA, Financial Manager
[Corporation must have two signatures]
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 26
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7630376.2 a01/11/23 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 22 -03: McCall Blvd Widening Project Design Services (Civil Design Plans, Specifications, and Estimate ("PS&E")) Services in the amount not to exceed TWO
HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) as further detailed in the following page(s).
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 27
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7630376.2 a01/11/23 EXHIBIT A.
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 28
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7630376.2 a01/11/23 EXHIBIT A.
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 29
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DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 30
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
This is Amendment No. 1 (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on _June 21, 2023_ between the City of Menifee (“City”) and KOA CORPORATION (“Consultant”) for CIP 22 -03: MCCALL BLVD WIDENING
PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. SECTION 2 , “Compensation” is amended to increase the maximum compensation by Eleven Thousand Seven Hundred Sixty Dollars and Zero Cents ($11,760.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Two Hundred Forty Three Thousand Four Hundred Eighty Six Dollars and Twenty Two Cents ($243,486.22) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC July 20
Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 31
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN
SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed Two Hundred Forty Three Thousand Four Hundred Eighty Six Dollars and Twenty Two Cents ($243,486.22) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE KOA CORPORATION
_______________________________ _______________________________ Armando G. Villa, City Manager Min Zhou, CEO
Attest: ________________________________
Juan Gutierrez, CFO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 32
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 33
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 34
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 35
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 36
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 37
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 38
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EXHIBIT A
DocuSign Envelope ID: A90395B0-D0F1-4A0E-B5C1-FD21FD1CDE43 DocuSign Envelope ID: 7D5FE5C4-EF75-407C-A037-83787F0975DC Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 39
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AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
This is Amendment No. 2 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023 , between the City of Menifee (“City”) and KOA CORPORATION (“Consultant”) for CIP 22- 03: MCCALL BLVD WIDENING PROJECT
DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1 ”), which this Amendment No. 2 is made and entered on , 2023 to extend the term as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
Term of Services. The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein. That agreement was erroneously allowed to expire. The Parties continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on December 31, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section
8..
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
AMENDMENT
NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) DocuSign Envelope ID: A48D2E5A-5495-4181-B5A0-791AC57F8683 December 6
Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 40
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CITY OF MENIFEE KOA CORPORATION
Rebekah Kramer, Acting City Manager Min Zhou, CEO
Attest:
Giuseppe Canzonieri, Principal/Director
of Engineering
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) DocuSign Envelope ID: A48D2E5A-5495-4181-B5A0-791AC57F8683 Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 41
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
This is Amendment No. 3 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and KOA CORPORATION, a California S -Corporation (“Consultant”) for CIP 22 -03: MCCALL
BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on December 6, 2023 (“Amendment No. 2”) , which this Amendment No. 3 is made and entered on , 2024 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein. That agreement was erroneously allowed to expire. The Parti es continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section.
3. SECTION 2, “Compensation” is amended to increase the maximum compensation by
FIFTY THOUSAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND SIXTEEN CENTS ($50,557.16), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED NINETY
FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D June 19
Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 42
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed TWO HUNDRED NINETY FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 43
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
KOA CORPORATION
Michael Nilsson , Principal, Director of
Planning
Giuseppe Canzonieri, Principal, Director of
Engineering
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary in-
lieu]
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 45
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
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EXHIBIT A
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D Item Title: 10.11
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 52
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CITY OF MENIFEE
SUBJECT: Public Roadway Vacation No. 24-001, Vacating Dedicated Public Roadway, Portion of Cumming Avenue on the Map of Romola No. 5, Romola Farms
MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution ordering the summary vacation of public road right of way dedication, together with the right of ingress and egress, on Cumming Avenue as previously dedicated on the recorded Map of Romola No. 5, located directly south of Varela Lane and Cumming Avenue intersection; and
2. Authorize the City Clerk to record the adopted resolution and Notice of Vacation No. 24-001 (VAC24-001) with the Riverside County Recorder’s Office.
DISCUSSION
On June 20, 2006, the County of Riverside (“County”) approved Resolution No. 2006-119 ordering the summary vacation of public right-of-way (ROW) for a portion of Cumming Avenue in the Romoland area. The offer of dedication for the ROW was originally established on the Map of Romola No. 5, filed in book 14, pages 44 through 46 inclusive, recorded on April 19, 1926. The offer of dedication, having never been accepted for public use by the County, was deemed not necessary and designated as excess ROW. Resolution No. 2006-119 was recorded by the County with the Riverside County Clerk Recorder’s Office. The original summary vacation was recorded, however did not address the entire Cumming Avenue ROW. This resulted in a remnant of Cumming Avenue, south of Varela Lane, remaining as an “offer” of dedicated public ROW in official map records. Following the City’s 2008 incorporation, the offer of dedicated public ROW for the Romola No. 5 map transferred rights to the City.
The Riverside County Flood Control and Water Conservation District (“District”) is now planning to construct storm drain facilities in the vicinity of the Romola No. 5 map, as shown in the attached Location Map, and is acquiring property needed to construct and maintain the flood control Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 1
Menifee Mayor and City Council
October 2, 2024
Page
271 of 302
City of Menifee Staff Report
Vacation 24-001 – Cummings Avenue
October 02, 2024
2 3
4 5
facilities. The City and the District previously entered into the attached Cooperative Agreement (“Agreement”) on February 6, 2024, which set forth the terms and conditions by which the District would design and construct certain flood control facilities within the Romoland Master Drainage Plan (“MDP”). Cumming Avenue is included in the property needed by the County for construction and maintenance of the MDP.
On June 5, 2024, at the request of the District, the City filed a quitclaim deed to relinquish the unaccepted portion of ROW on Cummings Avenue to the County for the MDP project. The District has now requested that additional action be taken to fully vacate Cummings Avenue to eliminate any latent offers of acceptance associated with Cumming Avenue as shown on the attached Notice of Vacation No. 24-001 (VAC 24-001). The District requested this action to ensure that the City cannot accept the ROW dedication on this portion of the roadway in the future. The portion of Cumming Avenue to be vacated is currently undeveloped, has not been in use as a public roadway or facility, and is considered excess ROW.
Streets and Highways Code (SHC) sections 8330 through 8336 give a legislative body the power to summarily vacate all or part of a street, highway, or public service easement, and set forth the procedures by which the power to vacate may be executed under summary vacation procedures.
This process differs from a general vacation procedure as it does not require that public notices of the vacation be published or that a public hearing be administered prior to considering the vacation. A summary vacation may be completed with the approval of a resolution by the legislative body and must be recorded with the County Clerk Recorders Office.
If approved, the proposed resolution and VAC24-001 would be recorded with the Riverside County Clerk Recorders Office, and the summary vacation of the originally dedicated public road ROW, along with any original rights of ingress and egress, would be effective as of the recorded date.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the proposed summary vacation of Cumming Avenue.
All costs incurred in constructing the MDP project would be borne by the District.
ATTACHMENTS
1. Location Map
2. Resolution
3. Notice of Vacation No. VAC24-001
4. County Resolution No. 2006-119
5. Cooperative agreement
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 2
Menifee Mayor and City Council
October 2, 2024
Page
272 of 302
·|}þ74
MATTHEWS RD
ALICANTE DR
JUNIPERO RD
MALAGA RDMENIFEE RD
PALOMAR RD
SH-74
WATSON RD
Romoland MDP Line
A-3, Stages 4 & 5
Project No.
Engineer
·|}þ62
·|}þ195·|}þ371
·|}þ60
·|}þ79
·|}þ86
·|}þ91
·|}þ243
·|}þ111
·|}þ74
§¨¦
215§¨¦
15 §¨¦
10 Date Created
RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Romoland MDP Line A-3, Stages 4 & 5
6/4/2024
Description
.
Legend
Un-budgeted District Facilities
FEMA Floodplain
VICINITY MAP
Supervisorial District
(get it from the budget book)
3 4-8-00431-04
0 1,200600
Feet
E. Anguelov
This District-led project will complete the Line
A-3 storm drain system along Varela Lane
east from Palomar Road to Malone Avenue.
The project will collect runoff generated north
of Varela Lane and convey it west along
Varela Lane in an open channel from Malone
Avenue to Menifee Road. Runoff is then
conveyed in an underground storm drain
across Menifee Road to the connection with
Stage 3 on Palomar Road. This project also
includes laterals A-3a and A-3d on Menifee
Road and Malone Avenue. The total length of
this project is approximately 10,220 feet of
underground reinforced concrete box/pipe
and open channel. Once this project is
complete, the system will help protect
properties located along Varela Lane and
east of Palomar Road. The District will be
responsible for operation and maintenance of
the facility.
Project Location
Romoland MDP Line A-3, Stages 4 & 5
Line A-3a
Line A-3d
CUMMING AVE
MALONE AVE
Item Title: 10.12
Public Roadway Vacation No. 24-001, Vacating Dedicated Public Roadway, Portion of Cumming Avenue on the Map of Romola No. 5, Romola Farms Item Page Number: 3
Menifee Mayor and City Council
October 2, 2024
Page
273 of 302
1 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF PUBLIC ROAD RIGHT OF WAY,
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, AS ORIGINALLY
DEDICATED FOR PUBLIC ROAD AND UTILITY PURPOSES ON THE TRACT MAP OF ROMOLA No. 5, IN THE CITY OF MENIFEE, CALIFORNIA
WHEREAS, The Recorded Romola Map No. 5, located north of highway 74 and east of Menifee Road in the City of Menifee (“City”), with Riverside County Recorder’s Office, included dedications of public roadway and utility easements; and
WHEREAS, Riverside County Flood Control and Water Conservation District (“District”) requested a Quitclaim be granted for the previously unaccepted dedicated Right of Way, said quitclaim would relinquish any interests in the remaining portion of Cummings Avenue, not included in the previous summary vacation approved by the County of Riverside by resolution No. 2006-119; and WHEREAS, the City filed said quitclaim on June 5, 2024, to relinquish any interest in the remaining Right of Way portion of Cummings Avenue previously offered by Romola No. 5 map; and WHEREAS, the District, to ensure that the City cannot accept the Right of Way dedication in the future, has requested the City vacate the offer of dedication completely; and WHEREAS, the City has determined that a summary of vacation is warranted for relinquishing public Right of Way, moves to approve the notice of Vacation 24-001; and WHEREAS, the Streets and Highways Code Section 8333(c) establishes that a local jurisdiction may summarily vacate a public utility easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Section 1. The City Council, in summarily vacating public Right of Way, elects to proceed in accordance with the provision of the “Public Streets, Highways and Service Easements Vacation Law,” as established in Division 9, Part 3, of the Streets and Highways Code of the State of California.
Section 2. The City Council of the City of Menifee does hereby summarily vacate those public utility easements, together with the right of ingress and egress originally irrevocably offered by the Map of Romola No. 5, for the portion of Cummings Avenue, located directly south of Varela Lane, as described in the Easement Vacation and exhibits attached hereto and incorporated as Exhibit “A” and depicted on Exhibit “B” attached and incorporated.
Section 3. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging to either the City of Menifee or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions or Division 9, Part 3, Chapter 5, Article 1, of the Streets and Highways Code of the State of California.
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 4
Menifee Mayor and City Council
October 2, 2024
Page
274 of 302
2 Section 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2024.
Bill Zimmerman, Mayor
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 5
Menifee Mayor and City Council
October 2, 2024
Page
275 of 302
Recording Requested By:
City of Menifee
When Recorded Mail To:
City of Menifee .
29714 Haun Road
Menifee, CA. 92586
NOTICE OF VACATION NO. VAC 24-001
RECORDED OWNER(S) AFFECTED ASSESSOR PARCEL NUMBER(S) City of Menifee ______________________ ____________________ ______________________ ______________________________________________________________________________________________________________________________________
LEGAL DESCRIPTION OF PARCEL
SEE ATTACHED EXHIBIT “A” AND EXHIBIT “B” ATTACHED HERETO AND MADE A PART THEREOF.
SIGNATURE OF RECORD OWNER(S) (MUST BE NOTARIZED) DEPARTMENT USE ONLY
SIGNATURE___________________________________________
Title Mayor, City of Menifee This Notice of Vacation No. VAC 24-001 is approved
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }SS. By: ________________________________________________________ COUNTY OF }
Title: ______________________________________________________ ON_________________________ before me, _______________________________________, a Notary Public (INSERT NAME AND TITLE OF OFFICER) Date:_____________________________________________________________ personally appeared ________________________________ _________ ________________________________ ________________________ , PUBLIC WORKS DEPARTMENT APPROVAL who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________ _________________ Of Notary Public
*See additional sheets for additional notaries*
MAIL TAX STATEMENTS TO:
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 6
Menifee Mayor and City Council
October 2, 2024
Page
276 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 7
Menifee Mayor and City Council
October 2, 2024
Page
277 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 8
Menifee Mayor and City Council
October 2, 2024
Page
278 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 9
Menifee Mayor and City Council
October 2, 2024
Page
279 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 10
Menifee Mayor and City Council
October 2, 2024
Page
280 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 11
Menifee Mayor and City Council
October 2, 2024
Page
281 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 12
Menifee Mayor and City Council
October 2, 2024
Page
282 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 13
Menifee Mayor and City Council
October 2, 2024
Page
283 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 14
Menifee Mayor and City Council
October 2, 2024
Page
284 of 302
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 15
Menifee Mayor and City Council
October 2, 2024
Page
285 of 302
COOPERATIVE AGREEMENT
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
Project Nos. 4-0-00431 , 4-0-00466 and 4-0-004 70
253075
This Cooperative Agreement ("Agreement") , dated as off tbruo.~ b I Joaq' is entered into by the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT") and the City of Menifee, a California municipal corporation ("CITY") .
DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party".
The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for and plans to design, construct and subsequently operate and maintain certain flood control facilities to collect and convey stormwater runoff from the area to Romoland MDP Line A and the San Jacinto River, provide flood protection for residents, business owners and future development and reduce the Federal Emergency Management Agency ("FEMA") floodplain limits along the mainline storm drain; and B. These certain flood control facilities are identified in DISTRICT's Romoland Master Drainage Plan ("MDP") , as shown in concept in red on Exhibit "A" attached hereto and made a part hereof, and as shown on DISTRICT's Drawing No. 4-1192, generally consisting of the following segments DISTRICT proposes to construct:
1. Romoland MDP Line A-3, Stage 4 ("STAGE 4") - approximately 3,919 lineal feet of underground reinforced concrete box and open channel from Palomar to Cumming Avenue;
11. Romoland MDP Line A-3, Stage 5 ("STAGE 5") - approximately 2,583 - 1 -
FEBO 6 2024 \\u:}
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 16
Menifee Mayor and City Council
October 2, 2024
Page
286 of 302
253075
lineal feet of underground reinforced concrete box and open channel from Cumming A venue to Malone A venue;
111. Romoland MDP Line A-3a ("LINE A-3A") - approximately 1,331 lineal feet of underground reinforced concrete pipe on Menifee Road from Varela Lane to Watson Road;
1v. Romoland MDP Line A-3d ("LINE A-3D") - approx . 1,466 lineal feet of underground reinforced concrete box and reinforced concrete pipe on Malone A venue from Varela Lane to Watson Road; and
v. STAGE 4, STAGE 5, LINE A-3A and LINE A-3D are called LINE A- 3 STAGES 4 and 5. At its downstream terminus, LINE A-3 STAGES 4 and 5 will connect to DISTRICT's Romoland MDP Line A-3, Stage 3 facility as shown on DISTRICT's Drawing No. 4-1119; and
C. Associated with the construction of LINE A-3 STAGES 4 and 5 is the construction of various catch basins, drop inlets, connector pipes, earthen swales and storm drains that are thirty-six inches (36") or less in diameter located within CITY rights of way, and as shown on DISTRICT's Drawing No. 4-1192 (the "APPURTENANCES"); and D. Together, LINE A-3 STAGES 4 and 5 and APPURTENANCES are hereinafter called "PROJECT"; and
E. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and F. The purpose of this Agreement is to memorialize the mutual understandings and obligations by and between DISTRICT and CITY with respect to design, construction, inspection, ownership , and operation and maintenance of PROJECT. - 2 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 17
Menifee Mayor and City Council
October 2, 2024
Page
287 of 302
253075
NOW, THEREFORE , in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree as follows:
SECTION I
DIS TRI CT shall:
1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Prepare, or cause to be prepared, plans and specifications for PROJECT ("IMPROVEMENT PLANS"), in accordance with applicable DISTRICT and CITY standards.
3. At its sole cost and expense, prepare, or cause to be prepared, all rights of way and easements documents, legal and plats, aerial topography and survey control, including any requests for waivers and variances from policies ("RIGHTS OF WAY"), deemed necessary for the construction, operation and maintenance of LINE A-3 STAGES 4 and 5.
4. Prior to advertising PROJECT for public works construction contract bids, submit IMPROVEMENT PLANS to CITY for its review and approval.
5. Advertise, award and administer a Public Works construction contract of the bids for PROJECT pursuant to the applicable provisions of the California Public Contract Code.
6. Prior to commencing construction, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board ("CRWQCB"), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant - 3 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 18
Menifee Mayor and City Council
October 2, 2024
Page
288 of 302
253075
Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
7. Prior to commencing construction, secure all necessary rights of way, rights of entry, temporary and permanent construction easements necessary to construct, inspect PROJECT and the subsequent operation and maintenance of LINE A-3 STAGES 4 and 5.
8. Within thirty (30) days of awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Authority the costs associated with the Multiple Species Habitat Conservation Plan ("MSHCP"), which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation.
9. Be responsible for any and all additional regulatory, mitigation and/or litigation costs, and/or mitigation measures to PROJECT resulting from this Agreement and/or Permits.
10. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.
11 . Provide CITY, within a reasonable timeframe, with written notice that DISTRICT has awarded a construction contract for PROJECT.
12. Prior to commencing PROJECT construction, schedule and conduct a pre construction meeting between DISTRICT, CITY and other affected entities. DISTRICT shall notify CITY at least twenty (20) calendar days prior to conducting the pre-construction meeting.
13. Furnish CITY, at the time of providing written notice for the pre construction meeting as set forth in Section 1.12., with a construction schedule which shall show - 4 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 19
Menifee Mayor and City Council
October 2, 2024
Page
289 of 302
253075
the order and dates in which DISTRICT or DISTRICT's contractor proposes to carry on the various parts of work, including estimated start and completion dates.
14. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all DISTRICT and CITY employees and/or agents on the site.
15. Require its construction contractor(s) to include CITY as an additional insured under the liability insurance coverage for PROJECT, and also require its construction contractor(s) to include CITY as a third-party beneficiary of any and all warranties of the contractor's work with regard to the APPURTENANCES.
16. Construct, or cause to be constructed, PROJECT pursuant to a DISTRICT administered Public Works construction contract, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
17. Inspect, or cause to be inspected, construction of PROJECT.
18. Within two (2) weeks of completing PROJECT construction, provide CITY with written notice that PROJECT construction is substantially complete and requesting that (i) CITY conduct a final inspection of APPURTENANCES, at CITY's sole cost and expense, and (ii) subsequently assume ownership and responsibility for operation and maintenance of APPURTENANCES .
19. Upon DISTRICT's acceptance of PROJECT construction as complete, provide CITY with a copy ofDISTRICT's Notice of Completion.
20. Upon CITY's acceptance of APPURTENANCES for ownership, operation and maintenance, provide CITY with a reproducible duplicate set of "record drawings" of PROJECT plans.
- 5 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 20
Menifee Mayor and City Council
October 2, 2024
Page
290 of 302
253075
21. Accept ownership and sole responsibility for the operation and maintenance of LINE A-3 STAGES 4 & 5.
22. Ensure that all work performed pursuant to this Agreement by DISTRICT, its agents or contractors is done in accordance with all applicable laws and regulations, including but not limited to all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DISTRICT shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
SECTION II
CITY shall:
1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA.
2. Review and approve, as appropriate, IMPROVEMENT PLANS prior to DISTRICT's advertising PROJECT for construction bids and pay all costs associated therewith.
3. Grant DISTRICT, by execution of this Agreement, all rights necessary to (i) access, construct and inspect PROJECT, and (ii) operate and maintain any portions of LINE A-3 STAGES 4 & 5 within CITY rights of way or easements.
4. Issue, at no cost to DISTRICT or DISTRICT's contractor, the necessary encroachment permit(s) required to construct PROJECT, in CITY's reasonable discretion.
5. As authorized by law, order the relocation of all utilities installed by permit or franchise within CITY rights of way which conflict with the construction of PROJECT and which must be relocated at the utility owner's expense.
6. Order the relocation of all CITY owned utilities within CITY rights of way that conflict with the construction of PROJECT, which shall be relocated at CITY's expense, if any.
- 6 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 21
Menifee Mayor and City Council
October 2, 2024
Page
291 of 302
253075
7. CITY personnel may observe and inspect all work being done on PROJECT construction for quality control purposes at its sole cost, and will provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DISTRICT's contractor(s) during the construction of PROJECT.
8. Upon receipt of DISTRICT's written notice that PROJECT construction is substantially complete as set forth in Section I.18, conduct a final inspection of APPURTENANCES .
9. Accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES upon: (i) receipt of DISTRICT's Notice of Completion as set forth in Section 1.19; (ii) receipt of a reproducible duplicate set of "record drawings" of PROJECT plans as set forth in Section 1.20; and (iii) CITY's review and approval of the APPURTENANCES ; such approval can be given in CITY's sole and absolute discretion.
10. Upon CITY's receipt of Notice of Completion , accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way and jurisdiction which must be performed at such time(s) that the finished grade along and above the underground portions of PROJECT are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
SECTION III
It is further mutually agreed:
1. Except as otherwise provided herein, all construction work involved with PROJECT shall be inspected by DISTRICT and CITY and shall not be deemed complete until approved and accepted as complete by DISTRICT and CITY.
2. DISTRICT shall indemnify , defend, save and hold harmless CITY (including its officers, elected and appointed officials, employees, agents, representatives , - 7 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 22
Menifee Mayor and City Council
October 2, 2024
Page
292 of 302
253075
independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to D ISTRICT's (including its officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death (c) payment of reasonable attorney's fees; or ( d) any other element of any kind or nature whatsoever.
3. CITY shall indemnify, defend, save and hold harmless DISTRICT (including its officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) payment of reasonable attorney's fees; or ( d) any other element of any kind or nature whatsoever.
4. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof.
5. This Agreement is to be construed in accordance with the laws of the State of California.
- 8 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 23
Menifee Mayor and City Council
October 2, 2024
Page
293 of 302
253075
6. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Design III Section
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Nicolas Fidler
Public Works Director
7. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
8. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The authorship of this Agreement shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
9. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right or action based upon the provisions of this Agreement.
10. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County ofRiverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 11 . DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facility as set forth herein and to discharge their respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance condition or undue maintenance impact upon the others' facility. - 9 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 24
Menifee Mayor and City Council
October 2, 2024
Page
294 of 302
253075
12. DISTRICT and CITY shall not assign this Agreement without the written consent of the other Party.
13. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
14. This Agreement may be executed in one or more counterparts , each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures , such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUET A authorizes use of an electronic signature for transactions and contracts among Parties in California , including a government agency. Digital signature means an electronic identifier, created by computer , intended by the Party using it to have the same force and effect as the use of a manual signature , and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
II
II
- 10 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 25
Menifee Mayor and City Council
October 2, 2024
Page
295 of 302
253075
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on RECOMMENDED FOR APPROVAL:
By_.....,.___.._c... __ _,_ _____ _
JA
APPROVED AS TO FORM:
MINHC. TRAN
County Counsel
ByRY ~
Deputy County Counsel
Cooperative Agreement with City of Menifee
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By K~.S-~
KAREN SPIEGEL , Ch1lir
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST :
KIMBERLY RECTOR
Clerk of the Board
By ~~ Deputy
(SEAL)
Project Nos. 4-0-00431 , 4-0-00466 and 4-0-004 70
10/02/23
AMR :blm
- 11 -
FEB O 6 2024 \\ C::.. ~....)
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 26
Menifee Mayor and City Council
October 2, 2024
Page
296 of 302
RECOMMENDED FOR APPROVAL:
By ___________ _
NICOLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
By ___________ _
JEFFREY T. MELCHING
City Attorney
Cooperative Agreement with City of Menifee
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
253075
CITY OF MENIFEE
By _____________ _
ARMANDO G. VILLA
City Manager
ATTEST:
By ______________ _
SARAH MANWARING
City Clerk
(SEAL)
Project Nos. 4-0-00431 , 4-0-00466 and 4-0-004 70
10/02/23
AMR:blm
- 12 -
Item Title: 10.12
Public
Roadway
Vacation
No.
24-001,
Vacating
Dedicated
Public
Roadway,
Portion
of
Cumming
Avenue
on
the
Map
of
Romola No. 5, Romola Farms
Item Page Number: 27
Menifee Mayor and City Council
October 2, 2024
Page
297 of 302
COOPERATIVE AGREEMENT
PROJECT NOS. 4-0-00431 ,
4-0-00466 and 4-0-004 70
ROMOLAND MOP LINE A-3, STAGES 4 AND 5
HWY74
EXHIBIT A
LINE A-3
STAGE 5
Item Title: 10.12
Public Roadway Vacation No. 24-001, Vacating Dedicated Public Roadway, Portion of Cumming Avenue on the Map of Romola No. 5, Romola Farms Item Page Number: 28
Menifee Mayor and City Council
October 2, 2024
Page
298 of 302
CITY OF MENIFEE
SUBJECT: Heritage Lake Drive Street Name Changes
MEETING DATE: October 2, 2024
TO: Mayor and City Council
PREPARED BY: Laura Sportelli, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review and provide feedback on the proposed replacement names for multiple streets named “Heritage Lake Drive” within and adjacent to the Heritage Lake Community.
DISCUSSION
On September 27, 2023, the Community Development Department received notification from the Menifee Police Department that collision reporting and safety service calls referring to locations on or near Heritage Lake Drive that surrounds Heritage Lake (“Loop”) were becoming increasingly difficult to identify. As shown in the attached Existing Street Map, the intersection of Menifee Road and Heritage Lake Drive is easily distinguishable as two distinct streets, whereas the intersection east of Menifee Road is the junction of two streets that are both named Heritage Lake Drive.
As staff prepared to recommend adding the prefixes, “East”/”West”, to the loop, it was determined that there is a continuation of “Heritage Lake Drive” outside of the Heritage Lake community, west of Menifee Road, as well as an additional instance of the same name one block north between Junipero Road and Palomar Road. Consequently, it made sense to expand the existing effort to include changing these name segments as well for public safety purposes.
There are no addressed locations or ownership west of Menifee Road. However, staff issued a letter on December 11, 2023, to Heritage Lake Sports Park, Heritage Lake Club House, and Mesa View Elementary School, the three property owners along the loop. The letter served as notification that a recommendation would be presented to the City Council to add prefixes to the current street name due to concerns that the existing naming conventions would continue to have a negative impact on the efficiency and efficacy of city services and, consequently, the safety and security of city facilities and residents. Staff received two favorable responses from both the Heritage Lake Sports Park and Club House, with no objections to the proposal. Mesa View Item Title: 12.1
Heritage Lake Drive Street Name Changes
Item Page Number: 1
Menifee Mayor and City Council
October 2, 2024
Page
299 of 302
City of Menifee Staff Report
Heritage Lake Drive Name Changes
October 2, 2024