Cities Index.
Executed Amendment No. 1 to Development Agreement

Finance Committee
December 10, 2024

Document
Executed Amendment No. 1 to Development Agreement
Meeting
December 10, 2024
Body
Finance Committee
Original file
2.1 MB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

WHON R"ECORDED MAIL TO:
ra,!: clw oF MENIFEE
298MH N ROAD
MENIFEE cA 92586
(TX'CUME}'I WLL ONLY DE I!II,.RI{ED TO NAME & ADDi!5S IDENTITIED (SPACE ABOVE FOR RECORDER'S USE)Reclded tor the benefft of the City ol Menifee and exempt fom recording fees
DuBUanl to Govemmenl Seclion 27383
(DOCUMENTTITLE)

MINOR DEVELOPMENT AGREEMENT AMENDMENT
by and between

CITY OF MENIFEE
and

CIMARRON RIDGE, LLC

REGARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT
Effective Date:
' May 11,2023
SIiPARATE PAGE, PURSUANT TO CA, GOV'T, CODE 2736I,6

RECORDING RSOUESTED BY
**". COMMUNIry DEVELOPMENT DEPT.

DOC # 2023-0135885
0511212023 08.00 AlVl Fees: $0.00
Page '1 of I
Recorded in Off c al Records
County of Riverside
Peter A dana
Assessor-County Clerk-Recorder
"This document was eleclronrcally submitted
to lhe County of Riverside for recordinq"
Receipled by CRISTINA #7700
DOC #2023-0135885 Page 2 of 8

MENIFEE
Nevv. Better. Best.
29444 Hnun Fld. Mcnllco CA. 92546
(9511 672-677-1 I Fdx (9s1) 679-3843
cityorrtlenifee.us
DATE: May 11,2023
Stephanie Roseen, Acling City Clerk
Cheryl Kitzerow, Community Development Director
Desiree McGriff, Associate Planner
Mlnor Amendment to th6 Development Agreement (2014-002) for Road lmprovement - Cimarron Ridge TR 36658
D*crlotlon of Road lmotovement Aoreement-
The Minor Agreement is to amend the Development Agreement (2014-002) TR36658 (Cimanon Ridge) and is attachod for the City Manager, City Clerk, and City Attomey's signatures, and is required to be recorded electronically to the Riverside County Assessor Clerk Recorde/s offlce.

The Agreement stipulates lhal the developer seeks transfer of timing for completion of travel way improvements of Goetz Road, from Thomton Avenue to White Quartz. Please see the attached Minor Amendment Agreement signed by Cimanon Ridge, LLC.

Please return a PDF copy of the Fully Executod Agreomcnts to D8iree Mccrlff at dmcqriff@citvof menifee.us.

Thank you,
Desiree McGriff, Associate Planner
Enc:

Minor Amendment Agreement
Pulte Memorandum
Copy of Exhibit A
FROM:

RE
TO:

CG:

THIS MINOR AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MENIFEE AND CIMARRON RIDCE. LLC RECARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT ("Minor Amendment") is made and effective as of S./tt./ 23 ("Effective Date") by the City of Menifee, a municipal corporation of the State of Califomia ("City") and Cimarron Ridge, LLC, a Califomia limited liability company ("Developer"). City and Developer are collectively referred to herein as the "Parties" and individually as a "Party."

RECITALS
A. City and Developer entered into a Development Agreement By And Between City Of Menifee and Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project on June 7, 201 7, ("Agreement").

B. On February 26,2023, Developer submitted a letter ("Request"). Attached as Exhibit A herein, to the City to formally request a change to the plan schedule in the Agreement. The Request includes a map adjusting the timing ofthe development ofthe above-mentioned roads.

C. Section 6.2.3. Administrative Adjustments of the Agreement authorizes the City Manager to, in his discretion. enter into Administrative Adjustments, including Minor Amendments.

Minor Amendments include "variations to the location of structures that do not substantially alter the design concepts of the Specific Plan," "variations in the location of utilities or other infrastructure connections or facilities not materially affecting design concepts," or "similar modifi cations."
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:

Section l. Developer seeks to transfer the timing for completion of travel way improvements of Coetz Road from Thomton to White Quartz. In lieu of improving this segment of Goetz Road with the Tract 36658-2. White Quartz would be completed from Thomton to Coetz Road as an alternative north/south connection. Developer indicates that this would allow for the safe transition of public improvements to be completed. The map shown in Exhibit A and the schedule of building are incorporated herein.

Section 2. The City Manager is authorized to approve this Minor Amendment and does so in accordance with Section 6.2.3 ofthe Agreement.

CITY OF MENIFEE AND CIMARRON RIDCE. LLC MINOR

AMENDMENT TO CIMARRON RIDCE DEVELOPMENT
AGREEMENT ENTERED INTO JUNE 7,2017. TO CHANGE

PLAN SCHEDULE FOR CERTAIN STREET SEGMENT

IMPROVEMENTS
*City"
City of Menifee. a municipal corporation
City Manager
ATTEST
City Clerk

APPROVED AS TO FORM
RI]]'AN & TIJCKER, LLP
"Developer"
Cimarron Ridge, LLC. a California limited
I iab ili mpan.v
Ilv
Its:

By:

Its:

DARREN WARREN----------VTEEI'6sft,6m8ftf-
Acquisitions & Devolopmont
City Attorney
Section 3. No other provisions, sections, or terms of the Agreement are altered, amended, or changed other than that described above involving the timing complete of travel way improvements of Coetz Road from Thornton to White Quartz/Valley.

Section 4. The individuals executing this Minor Amendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalf ofthe respective legal entity of Developer and the City.

Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original. but all of which together shall constitute the same instrument.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.

ACKNOWLEDGMENT
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
County of ORANGE
on MAY 10,2023 before me. TAYLOR COLLEEN BLOCK, NOTARY PUBLIC (insert name and title of the office0
personally appeared DARREN WARREN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€) islar€ subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisA€#the+r authorized capacity(ies), and that by his/h€#thei+ signature(sfon the instrument the person{€), or the entity upon behalf of which the persone 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.
1 ldR\ T^yLoR cotLtEx OCr
w;rtilii:i*til*
,
Signature (Seal)
\
WITNESS my hand and official seal.

Section 3. No other provisions, sections. or terms of the Agreement are altered. amended. or changed other than that described above involving the timing complete of travel way improvements of Goetz Road from Thomton to White Quart/Valley.

Section 4. The individuals executing this MinorAmendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalfofthe respective legal entity of Developer and the City.

Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.
"Cify"
City of Menifee, a municipal corporation
City Manager
ATTEST
City Cl

APPROVED AS TO FORM
RtITAN &'l'LlCKt1R. LLP
"Developer"
Cimarron Ridge, LLC, a California limited
liability company
By:

Its:

By:
lts:
&eY* P
P Ld--.o vrd lrY Levetqu*'*:;f'
A /|,,t.'L
C it) Attornev
Gulte
City of Menifee
29844 Haun Rd
Menifee, CA
Attention: Cheryl Kitzerow
Re: Cimmaron Ridge Minor Mod/amendment
2126/23
Please Iind this letter as the formal request to memorialize the ctrange to the cimmaronRidge Improvement plan schedure, pei th" sp"cifi" ptun-u,,a tne aei"lop-"ni - -----" agreement.

This change is to transfer the timing compretion of traver way impmvements of Goetz .ll,TlT-:"n to White euartz/Valley. The transfer ttrenlacknowtedg"s tt " o"*umrng ro complete the ravel way improvements from Thomton and thei up White Quartz to the new Valley/Goetz Rd.

This allows for the safe transition of public improvements to be completed.

Please see the attached colored improvement schedule of improvements.

Also please no& that the invoice attached herein is also paid.

Thank or vour help
'7?^,!
J Ford
Pulte Home Co. LLC
27401 Los Altos, Suite 400 , Mission Viejo, CA 92691
TRACT 36658

CIMARRON RIDGE

IMPLEMENTING FACILITIES EXHIBITA
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