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Retreat and Reflection: Participating students attend a retreat to reflect on the experience and hear from speakers, such as crash survivors, DUI offenders, or law enforcement.
Purpose
The program aims to:
Increase awareness of the consequences of impaired or distracted driving. Encourage students to make safe and responsible decisions. Involve the community—including schools, law enforcement, emergency services, and parents—in prevention efforts.
As part of these efforts a collaborative team of staff were put together from various City departments including MPD, Community Services, and Fire, as well as outside agencies who would play a role in this production including CHP and PUHSD staff. MPD is seeking approval for a MOU between the City and PUHSD to identify responsibilities and expectations for both parties involved.
PUHSD would be responsible for providing staffing to work in collaboration to ensure the success of the Program both during the planning phases as well as during the actual presentation.
Additionally, they would gain student participation for the Program and allow approved committee staff access to the school site as necessary for the planning and preparation of the event.
MPD would be responsible for providing staffing to work in collaboration to ensure the success of the Program both during the planning phases as well as during the actual presentation.
Additionally, they would create an emergency action plan for the event and be fiscally responsible for any costs incurred as a result of putting on the Program, unless offsetting measures are offered by the District. MPD staff has worked with CHP personnel to complete the Every 15 Minutes grant application which, if awarded, could grant up to $15,000 in reimbursable costs. The Every 15 Minutes grant program is awarded on a first-come first-served basis and MPD is anticipating award notification in the coming month. If awarded, a staff report would be taken before City Council to accept the grant award.
MPD would host the event at Heritage High School from April 14 – 15, 2026. The event would include the crash site presentation, collaboration with local mortuaries, hospitals, helicopter providers, the Fairfield Inn, local food vendors as well as vendors providing materials such as shirts, handout materials, and items needed to create a graveyard scene as part of the living dead portrayal.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Any costs associated with the Every 15 Minutes Program would be addressed in a future staff report that would request acceptance and approval of the CHP Every 15 Minutes Grant.
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ATTACHMENTS
1. MOU
2. Site Map
3. Program Overview
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MEMORANDUM OF UNDERSTANDING BETWEEN THE PERRIS UNION HIGH
SCHOOL DISTRICT AND THE CITY OF MENIFEE COLLABORATION ON THE EVERY 15 MINUTES PROGRAM
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on the date it is mutually executed by both parties (“Effective Date”) by and between the City of Menifee, a California municipal corporation (“City”) and Perris Union High School District, a California school district (“District”). City and District may sometimes herein be referred to individually as a “Party” and collectively as the “Parties. ”
RECITALS
I. WHEREAS, the District owns and operates high schools which serve students from within the City of Menifee; and
II. WHEREAS, the District owns and operates Heritage High School within the City of Menifee with facilities and equipment including: (1)Multi purpose room/gym, (2) parking lot(s), for scenario staging, (3) locker rooms, showers, and bathrooms, (4) Classroom access (collectively, the “High School”) which is depicted in Exhibit A -“Map of Heritage High School, ” which is attached hereto and incorporated herein; and III. WHEREAS, the District seeks to make the High School available to the Menifee Police Department for the collaboration, planning and execution of the Every 15 Minutes Program; and
IV. WHEREAS, the City seeks to provide focused education to high school students with the goal of reducing alcohol-related incidents among youth; and V. WHEREAS, the District and the City desire to enter into this MOU to promote their respective goals and set forth the relative responsibilities of the Parties with regard to the collaboration efforts on the Every 15 Minutes Program; and VI. WHEREAS, the District and the City have discussed the potential for expanding this MOU to other school sites owned by the District at a future date, and intend for this MOU to provide a framework to facilitate such future expansion.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
Section 1. Term and Termination
A. Term. The term of this MOU shall begin on the Effective Date and shall end on June 30, 2027 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.
B. Termination. Either Party may terminate this MOU upon ninety (90) days’ advance written notice to the other Party. Upon termination each Party shall deliver to the Item Title: 10.13
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other Party all documents and materials, if any, prepared for that other Party up to the date of termination.
Section 2. Rights and Obligations of the Parties
A. Rights and Responsibilities of the City. Under this MOU, the City is responsible for the following:
(1) Staffing. The City shall be responsible, at its own cost, for providing staff to work in collaboration with School District employees in the planning, preparation and execution of the program. To the extent the District, in its reasonable discretion, becomes concerned about the suitability of staff or supervision for planning, execution or student safety and wellbeing and reasonably believes that the unsuitability could endanger the safety of persons or property, it may at any time bring those concerns to senior management immediately requesting the removal of that person from a job duty or program as a whole, until assurances acceptable to District staff, in their reasonable discretion, can be made by the City satisfying District safety concerns.
(2) Emergency Action Plan. The City will develop and adopt emergency action plan(s) for Heritage High School including site maps and the specific location of necessary safety equipment. Maps and other information regarding the location and use of such equipment will be made available to the District. To the extent the District, in its reasonable discretion, becomes concerned about the suitability of emergency action plans or other safety- related components of the City programming, and reasonably believes that the unsuitability could endanger the safety of persons or property, it may at any time suspend City use of the school site immediately, until assurances acceptable to District staff, in their reasonable discretion, can be made by the City satisfying District safety concerns.
(3) Costs Incurred. The City will work with District staff to provide the Every 15 Minutes Program in a fiscally responsible manner utilizing grant funds, donations, and City General Funds allocated to the Police Department. The City will be responsible for covering all costs for the implementation of the program, unless offsetting measures are offered by the District, such as bussing, makeup costs, costume design, etc.
B. Rights and Responsibilities of the District. Under this MOU, the District is responsible for the following:
(1) Staffing. The District shall be responsible, at its own cost, for providing staff to work in collaboration with City employees in the planning, preparation and execution of the program. To the extent the City, in its reasonable discretion, becomes concerned about the suitability of staff or supervision for planning, execution or student safety and wellbeing and Item Title: 10.13
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reasonably believes that the unsuitability could endanger the safety of persons or property, it may at any time bring those concerns to senior management immediately requesting the removal of that person from a job duty or program as a whole, until assurances acceptable to City staff, in their reasonable discretion, can be made by the District satisfying City safety concerns.
(2) Facility Access. The District will provide designated City staff with access to Heritage High School as needed to accomplish the planning, preparation and execution of the Program. City will limit its access to the portions of the high school site contemplated in this MOU, and such access will be limited as reasonably possible to only the designated areas. To that end, the route of entry and exit by City to each location on facility will be limited to such access points that most directly lead to the destination, limiting access through classroom or other educational facilities where students may be located.
(3) Student Participation. The District will work in collaboration with City to determine students who will have key roles in the program including actors, designers, and helpers as needed. The District will ensure all student participation is voluntary, and coordinate with City and student guardians to facilitate necessary paperwork to participate including permission slips.
Copies of all documents will be kept by City and District.
C. Standard of Performance. Each Party shall dedicate the time to performance of its obligations as may be reasonably necessary to perform such obligations to the standards observed by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.
D. Cooperation and Noninterference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Neither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the rights and obligations hereunder involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the rights and obligations of the other Party.
E. Personnel. If the rights and obligations hereunder involve the provision of personnel from one Party to another Party, the providing Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.
F . Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provide all materials, facilities, and equipment as may be Item Title: 10.13
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necessary for that Party’s performance hereunder, at that Party’s sole cost and expense.
G. Access to School Site. Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU. City is only permitted to enter District property to the extent necessary to effectuate the performance of this MOU. City shall comply with all applicable security and safety procedures, protocols, and practices required by the District. Access to District facilities is not permitted unless otherwise approved in accordance with the procedures provided in this MOU. While one school site is contemplated under this MOU, City access in any one year is limited to Heritage High School.
H. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any required approval or permit necessary therefor. Section 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law as the same may be amended from time to time. Each Party is independently responsible for reviewing and complying with all applicable laws.
I. Documents and Records. Any plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”), in electronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. Each Party shall maintain all documents prepared hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Party's Contract Administrator(s). All matters under this MOU shall be handled for District by Carmen M. Ochoa, Director of Purchasing, Business Services (“District Contract Administrator”), and for City by Chris Karrer, Chief of Police (“City Administrator” .) Except as specified otherwise in this MOU, all correspondence shall be directed through the Contract Administrators identified herein, and neither Party shall take direction or orders for the performance of this MOU from any person other than such Contract Administrators.
J. Modifications to Facility. City shall make no modifications nor construct any improvements to the school site without written consent from the District, in its sole discretion.
Section 3. Independent Contractor Status
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This MOU is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association. Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Except as otherwise expressly provided by this MOU, neither Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.
Section 4. Indemnification
A. To the fullest extent permitted by law, District shall defend and indemnify the City and any and all of its officials, officers, employees, volunteers, and agents (“City Indemnified Parties”) for from and against 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) (“Claims”) caused by the District’s performance of its obligations to collaborate on the Every 15 Minutes Program under this MOU. The provisions of this section do not apply to Claims occurring as a result of the City's negligence or willful acts or omissions. The District’s obligations under this section shall survive termination of the MOU. The District shall, if requested by the City, defend the City Indemnified Parties using counsel approved by the City, from the approved panel of District JPA counsel, in its sole discretion. The City may instead elect to defend itself with the City Attorney’s office, or other counsel selected by City and reasonably approved by District and the District's JPA in which case the indemnification obligations hereunder shall apply to the City’s attorney’s fees and cost in defending the Claims, which fees and costs must not exceed the JPA panel rates.
B. To the fullest extent permitted by law, City shall defend and indemnify the District and its officials, agents, volunteers and employees (“District Indemnified Parties”) from and against any and all Claims caused by the City’s performance of this MOU, and/or the City’s participation in the Every 15 Minutes program. The provisions of this section do not apply to Claims occurring as a result of the District's negligence or willful acts or omissions. The City shall, if requested by the District, defend the District Indemnified Parties using counsel approved by the District in its sole discretion. The City’s obligations under this section shall survive termination of the MOU.
Section 5. District Insurance
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Prior to performing any right or obligation under this MOU, District, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section.
A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 the aggregate. Comprehensive general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
B. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law.
C. Quality of Insurance. 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.
Alternatively, individual or group self-insurance may be accepted in writing in the sole discretion of the City.
D. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned insurance policies of District.
E. Proof of Insurance. District shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the District. 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 MOU or completion of full performance hereunder, whichever is later. 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. The City may request full copies of insurance policies upon reasonable notice to the District.
F . Notice of Changes. District shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the Item Title: 10.13
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limits of any of the required policies are reduced, or (3) the deductible or self- insured retention on any of the required insurance policies is increased.
G. Self-Insured Retentions and Deductible. Should any of the insurance policies contain either a deductible or self-insured retention, the District shall be responsible to pay that deductible or self-insured retention and the City shall not be responsible to pay these costs.
H. Subcontractors. If any subcontractor is performing the rights and obligations of District hereunder, District shall ensure such subcontractors have coverage equal to that required of the District herein.
Section 6. City Insurance
Prior to performing any right or obligation under this MOU, City, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section 6.
City shall obtain and maintain the policies of insurance or equivalent program of self- insurance with limits as shown below for the duration of this MOU. The insurance coverages and limits of liability shown are the minimum insurance requirements in this MOU. Should the City maintain insurance policies with broader coverage and limits of liability that exceed these minimum coverage and limits requirements those broader coverages and higher limits shall be deemed to apply for the benefit of the District and those coverages and limits shall become the required minimum limits of insurance and coverage in all sections of this Contract. All City coverage shall be primary to District coverage.
A. Comprehensive Liability Insurance. Coverage, including premises, operations, products and completed operations and contractual liability with limits not less than $10,000,000 per occurrence, $20,000,000 General Aggregate and $10,000,000 Products–Completed Operations Aggregate for bodily injury, personal injury, and property damage. The Comprehensive Liability Coverage shall include the following endorsements:
(i) The District, its Board, officers, agents and employees shall be included as Additional Insureds either by specific endorsement, CG 20 11 or CG 20 26, naming these parties or a blanket additional insured endorsement applicable “when required by written contract or contract”;
(ii) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or contract”;
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contributory endorsement applicable “when required by written contract or contract” .
B. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The Workers Compensation coverage shall include the following endorsements:
(i) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or contract”;
C. Automobile Liability. Coverage with limits not less than $10,000,000 per accident for bodily injury and property damage for all owned, hired and non-owned automobiles. Coverage shall include Contractual Liability. The Automobile Liability coverage shall include the following coverage or by endorsements:
(i) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or contract”; (ii) A Primary, Non-contributory endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket primary, non- contributory endorsement applicable “when required by written contract or contract” .
D. Umbrella or Excess Liability. Coverage with limits not less than $10,000,000 excess over the Commercial General Liability, Automobile Liability and Employer’s Liability.
a. The Umbrella or Excess Liability coverage shall include the following endorsements:
(i) All endorsements required under Sections A-C, above.
E. Molestation Coverage. City shall provide specific coverage for Abuse or Molestation with limits not less than $10,000,000 per occurrence either by separate policy or by an endorsement to or coverage language in City’s Comprehensive Liability Insurance.
F . Notice of Changes. City shall provide written notice to District within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self- insured retention on any of the required insurance policies is increased.
G. Self-Insured Retentions and Deductible. Should any of the insurance policies contain either a deductible or self-insured retention, the City shall be responsible to pay that deductible or self-insured retention and the District shall not be responsible to pay these costs. Notwithstanding the above, and this shall in no way Item Title: 10.13
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alleviate City’s responsibility to pay such deductible or retention, nor limit, alter or amend the requirements that City shall to the fullest allowable by law, indemnify, defend and hold harmless the District, City shall ensure that all policies shall recognize the erosion of the retention or deductible from other sources.
H. Lower Retention. The District reserves all rights, including the right to require a lower retention than presented by the City. If such lower retention cannot be obtained in the market, then the District reserves the rights to inspect related financial statements of the City, and require further financial guarantees or assurances if any information calls into question the City’s ability to pay.
I. Quality of Insurance. All insurance policies as required in this section shall be written through insurance companies that are either admitted in the State of California or on the California Department of Insurance approved list of non- admitted insurers. All insurance companies shall have and maintain a minimum A.
M. Best rating of A VII. Alternatively, individual or group self insurance may be accepted in the sole discretion of the District.
J. Proof of Insurance. Certificates of Insurance Coverage shall be filed by City with the District evidencing all of the insurance coverages required in this section at the time this Contract is executed. The certificates must have all required endorsements attached or the Certificate will be rejected as non-compliant. Each successive year during the insurance requirement period shall be filed in the same manner. The failure to furnish such evidence upon ten (10) days written notice of such failure by District to City and opportunity to cure may be considered default by City. The District reserves the right to require complete, certified copies of all required insurance policies, upon reasonable request .
K. No Limit On Indemnity. Acceptance of any certificate of insurance or endorsement shall in no way limit any indemnity, hold harmless or defense obligation, nor specifically shall it limit any liability, or obligation.
L. Subcontractors. If any subcontractor is performing the rights and obligations of City hereunder, City shall ensure such subcontractors have coverage equal to that required of the City herein.
Section 7. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:
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To City: To District:
City of Menifee- Police Department Perris Union High School District 29714 Haun Rd 155 E. 4th St.
Menifee, CA 92586 Perris, CA 92584
Attn: Chris Karrer Attn: Carmen M. Ochoa
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.
Section 8. Expansion to Other School Sites
The Parties may expand this MOU to other school sites owned by the District, including but not limited to Paloma Valley High School, by executing an amendment to this Agreement mutually acceptable to the Parties. Any future expansions of this MOU to include City use of other District owned school sites will subject those facilities and the City use of such facilities to the same terms and conditions set forth herein. Deputy Superintendent, Business Services for the District and the City Manager or designee for the City are hereby authorized to administratively approve, administer, and execute the amendments contemplated by this Section.
Section 9. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default. The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non-defaulting Party may immediately Item Title: 10.13
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terminate this MOU and seek any and all rights and remedies available at law or in equity.
B. Rights and Remedies Cumulative. 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 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.
Section 10. Subcontract and Assignment
Neither Party shall have the right to assign its right or obligations under this MOU without written consent of the other Party.
Section 11. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.
Section 12. Time
Time is of the essence in this Agreement and for the performance of this MOU.
Section 13. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
Section 14. Attorneys’ Fees
If any legal action is commenced between the Parties to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.
Section 15. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.
Section 16. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
Section 17. Successors and Assigns
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This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.
Section 18. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
Section 19. Entire Agreement, and Construction
This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.
Section 20. Construction
The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply.
Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. References to this MOU shall include the exhibits.
Section 22. Amendments
This MOU may be amended only by written agreement and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.
Section 23. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.
Section 24. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU 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 Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default Item Title: 10.13
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or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.
Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.
Section 27. No Benefit to Arise to 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 MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subpage agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to District if District is a public entity.
Section 28. Authority to Execute
The persons executing this MOU 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 MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other agreement to which said Party is bound Section 29. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. [signatures on following page]
Item Title: 10.13
Memorandum of Understanding with Perris Union High School District for the Every 15 Minutes Program Item Page Number: 16
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14 | P a g e
IN WITNESS WHEREOF , the Parties have executed this MOU as the Effective Date.
CITY DISTRICT
_________________________________________ _______________________________________ City Manager Carmen M. Ochoa
Director of Purchasing, Business
Attest: Services
_________________________________________
City Clerk
Approved as to Form:
__________________________________________
City Attorney
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Item Title: 10.13
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EXHIBIT B
Every 15 Minutes
What is "Every 15 Minutes"
The Every 15 Minutes program is a two-day program focusing on high school juniors and seniors, which challenges them to think about drinking, driving, personal safety, the responsibility of making mature decisions and the impact their decisions have on family, friends, their community, and many others.
Goals & Objectives
The program brings together a broad coalition of interested local agencies with the goal of reducing alcohol-related incidents among youth. The partnering of the California Highway Patrol, local law enforcement, local hospitals, emergency medical responders, schools, businesses, and service clubs validates the importance of working together to ensure a healthy community.
The two-day Every 15 Minutes program is very dramatic and emotional-and purposely so. Teenagers are constantly reminded about the choices they have to make involving alcohol and how many others are affected by their decisions.
They know the intellectual statistics. However, many teens share the belief it will never happen to them.
This powerful program is designed to create an awareness among students that they are not invincible. This program helps open the emotional doors, and it They experience first hand how their actions affect the lives of so many other people.
Funding
With funding available from the California Office of Traffic Safety, the California Highway Patrol provides mini-grants to schools and organizations wanting to implement the Every 15 Minutes program.
Applications are accepted each school year beginning October 1st. Applications are accepted on a first come, first served basis until all spots are filled. If you have questions about how to apply, please contact the Public Information Officer in your local CHP Area Office CHP Area office.
Contact Information
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Memorandum of Understanding with Perris Union High School District for the Every 15 Minutes Program Item Page Number: 20
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EXHIBIT B
Experienced CHP personnel are available to work with you, your advisors, and students to provide technical assistance in planning and implementing a successful Every 15 Minutes program at your school.
For additional information regarding the Every 15 Minutes Program, or to apply for a grant for your school, please contact your local CHP Public Information Officer.
Item Title: 10.13
Memorandum of Understanding with Perris Union High School District for the Every 15 Minutes Program Item Page Number: 21
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CITY OF MENIFEE
SUBJECT: Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project, located on the northwest corner of Rouse Road and Menifee Road, to support the development of the West Park and Paseo within the Legado Specific Plan, Phase 1, located south of Rouse Road and east of the I-215 freeway.
DISCUSSION
Background
Heritage Village Tentative Tract Map (TTM) 38346 was approved by the Planning Commission on August 9, 2023 and is a project being developed by Lennar Homes of California (Developer) located on the northwest corner of Rouse Road and Menifee Road. This project spans 9.5 gross acres and consists of 162 two-story condominiums. The community will feature privately-owned amenities maintained by the homeowner’s association (HOA) including a private clubhouse, pool, and dog park for residents. A conceptual drawing of the community is provided as Image 1 on the following page.
Parks, Recreation, and Trails Commission Recommendation The proposed Quimby Agreement was presented to the Parks, Recreation, and Trails Commission at their October 2, 2025 meeting. The Commission reviewed and voted unanimously (5-0) to recommend that the City Council approve the proposed Quimby Agreement.
Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 1
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IMAGE 1 – HERITAGE VILLAGE CONCEPTUAL
Menifee Municipal Code Chapter 7.75: Parkland Dedication And Fees As outlined in Menifee Municipal Code (MMC) Title 7, Article 4, Chapter 7.75, a Quimby assessment is required for new residential development and determines the amount of parkland dedication required by the project and/or fees to be paid in-lieu of parkland dedication by the developer. Quimby assessments are based on several factors including the amount and type of residential dwelling unit, the City requirement to provide five-acres of parkland per 1,000 residents, and fair market value of one-acre of land at the property. Quimby fees collected by the City are then utilized under Local Park (Quimby) Fund 2620 to support City capital projects related to parks, trails, recreation, and facilities. A copy of MMC 7.75 has been attached to this staff report.
In compliance with the municipal code, the City and Developer have agreed upon the fair market value of $250,000 per acre resulting in a total Quimby Assessment of $492,500 for the project.
The Heritage Village development would fulfill its Quimby requirement of 1.97 acres of parkland dedication through the payment of in-lieu fees. The developer has not requested acreage credit for the private HOA amenities as would be allowed under the MMC 7.75 Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 2
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A calculation of this assessment has been provided as follows:
Heritage Village Quimby Assessment of In-Lieu Fees Calculation:
1.97 Acres of Required Parkland x $250,000 per Acre = $492,500 Quimby Assessment Quimby Agreement
The Developer has requested to enter into a Quimby Agreement that would allow for the reimbursement of Quimby in-lieu fees to be paid for the Heritage Village Project and apply those funds toward the completion of the West Park and Paseo within Legado Specific Plan, Phase 1.
This approach addresses budgetary shortfalls and supports the timely delivery of public park amenities.
Located south of Rouse Road and east of the I-215 freeway, the Legado Phase 1 public park improvements would include an East and West Pocket Park as well as adjacent East and West Paseos. Paseos are paved open space trails designed to connect neighborhoods to parks.
Under the Legado Specific Plan Development Agreement No. 2018-277, adopted by the City Council on June 17, 2020, the developer’s park construction contribution is capped at $3,000,000.
Due to inflationary increases, this amount is no longer sufficient to construct the planned amenities, and there is an estimated $2.88 million funding gap to complete Phase I Park and Paseo improvements.
Because the MMC does not currently provide a mechanism to allocate anticipated Quimby fees between developments, a supplemental Quimby Agreement has been negotiated between the City and Developer and is presented for Council approval. This proposed reimbursement model would authorize the City to reimburse the Quimby fees paid for Heritage Village after they are received and upon verification that the Developer has completed the agreed-upon public park improvements within Legado West Park and Paseo. This agreement offers a cost-effective solution to ensure timely delivery of high-priority park infrastructure while maintaining the City's fiscal flexibility. This agreement is part of the overall funding strategy negotiated between the City and the Developer to be able to complete the Legado Phase I Park and Paseo improvements at the agreed upon standards based on the updated construction costs.
The Quimby Agreement is expressly contingent upon the City Council’s approval of Amendment No. 1 of the Legado Development Agreement, which will address updated parkland construction obligations and funding thresholds. If the amendment is not approved, the Quimby Agreement becomes null and void, ensuring reimbursement occurs only under a Council-approved framework.
The Legado park and paseo conceptual drawings have been reviewed by the Parks, Recreation, and Trails Commission on multiple occasions, with the most recent reviews occurring in 2019 and 2022. This proposal is a unique, site-specific solution that supports the timely delivery of public park amenities and aligns with the City’s broader goal of enhancing access to high-quality recreational spaces in priority growth areas.
Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 3
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Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 4
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STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
As outlined in Menifee Municipal Code Chapter 7.75 and the terms of the proposed Quimby Agreement, the Developer is required to pay Quimby in-lieu fees in the amount of $492,500 to satisfy the parkland dedication requirement for the Heritage Village Project. These funds will be deposited into the City’s Local Park (Quimby) Fund 2620.
Following confirmation that the Developer has completed the construction of the agreed-upon public park improvements within the Legado West Park and Paseo, and in accordance with the provisions outlined in the Quimby Agreement, the City will reimburse the full amount of $492,500 collected from the Heritage Village Project Quimby fees to Lennar Homes.
There is no anticipated impact to the City’s General Fund, as this involves the collection and reimbursement of Quimby fees only.
ATTACHMENTS
1. Quimby Agreement for Heritage Village (TTM 38346)
2. MMC Title 7, Article 4, Chapter 7.75
Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 5
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1 AGREEMENT BETWEEN
THE CITY OF MENIFEE AND LENNAR HOMES OF CALIFORNIA, LLC REGARDING COMPLIANCE OF TENTATIVE TRACT MAP NO. 38346
WITH GOVERNMENT CODE SECTION 66477
THIS AGREEMENT (the “Agreement”) is entered into this day of ___________, 2025, by and between the City of Menifee (“City”) and Lennar Homes of California, LLC, a California limited liability company (hereinafter referred to as “ Developer”), regarding Developer’s compliance with California Government Code Section 66477 ( the “Quimby Act”), through payment of in-lieu fees for the Heritage Village Project (Tract Map No. 38346) (“Heritage Village Project”).
RECITALS:
WHEREAS, the Heritage Village Project is proposed to be developed with 162 dwelling units within 9.5 gross acres, located in the City of Menifee, County of Riverside, State of California; and WHEREAS, the Heritage Village Project is located within Community Facilities District No. 2025-4 (Heritage Village) of the City of Menifee (the “Heritage Village CFD”); and WHEREAS, the Developer is in the process of fulfilling all of the conditions of approval for the Heritage Village Project, including all conditions, as accepted by the City and Developer, providing for payment of fees required by the Quimby Act (“Quimby Fees”) in lieu of dedication of parkland; and
WHEREAS, on December 17, 2014, the City adopted Ordinance No. 2014-160, codified in Chapter 9.55 of the Menifee Municipal Code (“MMC”), governing the payment of Quimby Fees and/or dedication of land to the City; and
WHEREAS, on November 6, 2019, the City adopted Ordinance No. 2019- 286 repealing Chapter 9.55 of the City Municipal Code and adding Title 7, Subdivisions, to the City of Menifee Municipal Code codifying Chapter 7.75 Parkland Dedication and Fees, governing the payment of Quimby Fees and /or dedication of land to the City; and WHEREAS, City of Menifee Municipal Code, Chapter 7.75 (“Parkland Dedication and Fees”) requires the payment of Park Development Fees also know n as Quimby Fees, adopted pursuant to Government Code Section 64777 to mitigate the impacts of the project on existing public park and recreation facilities located near the project; and WHEREAS, as stated in Menifee Municipal Code Chapter 7.75, based on the average household size of 2.43 people, for multifamily attached (five or more units), number of units within the Heritage Village Project (162 dwelling units), and the level of service standard of five (5) acres per thousand residents, the Developer is required to dedicate 1.97 acres of parkland or pay Quimby Fees based on the appraisal of one acre of improved land; and WHEREAS, in accordance with Menifee Municipal Code Chapter 7.75.070 “Criteria for Requiring Payment of In- Lieu Fees”, the City and Developer have agreed that the fair market value of one acre of improved land is two hundred fifty thousand dollars ($250,000); and Item Title: 10.14
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2 WHEREAS, Developer will also be developing public neighborhood parks and paseos that will be financed by the proceeds of the community facilities district for the Legado Residential Project (“West Park and Paseos”) as a requirement of the neighboring project named Legado (the “Legado Residential Project”), consistent with the conceptual plans set forth in EXHIBIT A, which includes the following development approvals Legado Specific Plan (No. 2017-187), Change of Zone (No. 2017-188), Tentative Tract Map (No. 37408), Tentative Tract Map (No. 37409), Tentative Tract Map (No. 37391), and an environmental impact report; and
WHEREAS, on October 2, 2025, for the Heritage Village Project, the Parks, Recreation and Trails Commission approved the Quimby Fee calculation of 1.97 acres of required parkland valued at $250,000 per acre, for a total of four hundred ninety-two thousand, five hundred dollars ($492,500) for in-lieu fees, and also recommended to City Council the approval of an agreement whereby the Quimby Fees paid with respect to the Heritage Village Project shall be earmarked to use exclusively for the construction of the East and West Park and Paseos for the Legado Residential Project; and
WHEREAS, the cost of the West Park and Paseos for the Legado Residential Project has risen above the contemplated maximum Developer contribution; and WHEREAS, the Developer requested that the Quimby Fees paid to the City for the Heritage Village Project be earmarked for and to be used exclusively to finance the completion of the West Park and Paseos for the Legado Residential Project; and WHEREAS, the West Park and Paseos that are to be constructed by the Developer for the Legado Residential Project w ill be in an adjacent area accessible to residents of the Heritage Village Project; and
WHEREAS, the effectiveness of this Agr eement is exp ressly contingent u pon the City Council’s approval of Amendment No. 1 to the Development Agreement for the Legado Specific Plan Project, and in the event such amendment is not approved, this Agreement shall be deemed null and void and of no further force or effect; and NOW, THEREFORE, the parties to this Agreement do mutually agree as follows:
I. RES
PONSIBILITIES OF DEVELOPER
A. Developer shall pay the Quimby Fees calculated at $492,500 for the Heritage Village Project and the City shall earmark and use such funds for the construction of the West Park and Paseos within the Legado Residential Project.
The Developer shall pay the Quimby Fees of $492,500 for the Heritage Village Project on or befo re the time such Quimby Fees are due to the City, which is in compliance with Menifee Municipal Code Chapter 7.75 and in accordance with the terms of this Quimby Agreement. Upon receipt of such Quimby Fees from the Developer, the City shall earmark such Quimby Fees to be used exclusively to finance the West Park and Paseos for the Legado Residential Project either through direct payments to the Developer’s contractors working on the West Park and Item Title: 10.14
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3 Paseos or in reimbursement to the Developer for costs it incurs in connection with the development of such West Park and Paseos.
II. RESPONSIBILITIES OF CITY
A. City shall provide timely assistance.
City shall make all reasonable efforts to prov ide timely review and approvals of construction plans, cost estimates, inspections, and final park acceptance documentation under this Agreement.
B. Quimby Fees Fully Financeable Through the Heritage Village CFD.
The Quimby Fees paid in connection with the Heritage Village CFD are authorized to be returned to the Developer upon receipt of bond proceeds of the Heritage Village CFD allocated to such Quimby Fees in equal amount, and the use by the City of such Quimby Fees pursuant to this Agreement shall not adversely affect or otherwise disqualify the Quimby Fees from being returned to the Developer upon receipt of bond proceeds of the Heritage Village CFD allocated to such Quimby Fees in equal amount.
III. ASSIGNEES AND SUCCESSORS-IN-INTEREST BOUND
The Developer and its assigns and successors-in- interest, shall be bound by the terms and conditions contained in this Agreement.
IV. MISCELLANEOUS
A. It is expressly understood and agreed by the Developer and the City that the laws of the State of California shall govern them and the interpretation of this Agreement and that any litigation brought because of, or involving this Agreement, shall be initiated exclusively in the Superior Court, Riverside County.
B. In the event of litigation to enforce this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorneys’ fees.
C. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
D. This Agreement may be amended only in writing signed by the City and the Developer.
E. This Agreement constitutes th e entire agreement of the p arties and supersedes all other agreements, whether written or oral. However, this Agreement does not supersede any entitlements issued or related conditions of approval.
F. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original and all of which, when taken together, shall constitute Item Title: 10.14
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4 one and the same instrument.
G. This Agreement inures to the benefit of and is binding upon, the parties, and their respective heirs, successors and assigns.
H. The person(s) executing this Agreement on behalf of the parties hereto warrant that (a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Developer and the City have caused this Agreement to be signed in their names and on their behalf by their duly authorized representatives.
Dated: “City”
CITY OF MENIFEE, a California Municipal
Corporation
By:
Armando G. Villa, City Manager
ATTEST:
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Dated: “Owner”
L
ennar Homes of California, LLC,
a California limited liability company
By:
Print Name:
Its:
Item Title: 10.14
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EXHIBIT A
West Park and Paseo Conceptual Plans
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Item Title: 10.14
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Item Title: 10.14
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CHAPTER 7.75: PARKLAND DEDICATION AND FEES
Section
7.75.010 Purpose
7.75.020 Applicability
7.75.030 General standard
7.75.040 General dedication requirements
7.75.050 Determination of land or fee
7.75.060 Formula for dedication of land
7.75.070 Criteria for requiring payment of in-lieu fees
7.75.080 Credit for private parks and recreation areas
7.75.090 Exemptions
§ 7.75.010
PURPOSE.
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the development of new, or rehabilitation or enhancement of existing community parks or recreational facilities in accordance with Cal. Gov’t Code § 66477 and other applicable law.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.020
APPLICABILITY.
As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in-lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, the Trails, Parks, Open Space and Recreation Master Plan, and the formulas contained in this section.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.030
GENERAL STANDARD.
The City Council finds that the amount of existing neighborhood and community park areas exceeds three acres per 1,000 persons residing in the city, and that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing in Menifee be devoted to neighborhood and community park recreational purposes. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.040
GENERAL DEDICATION REQUIREMENTS.
(A) Whenever a tentative map that is subject to the provisions of this section is submitted to the city, the developer shall consult with the Director of Community Services to determine whether parkland, in-lieu fees, or a combination of both shall be dedicated for parks and recreational purposes.
(B) The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for parks and recreational purposes at the discretion of the city pursuant to §
7.75.020 (Applicability). If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the Director of Community Services, and the proposed dedication shall be identified on the tentative map as a separate numbered lot.
(C) The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the Director of Community Services pursuant to the provisions of this chapter. (D) Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior fee or dedication requirement.
(E) If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Director of Community Services and the City Engineer prior to final map approval. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to city standards. (F) Upon completion of the park improvements to city standards and acceptance by the City Council, land to be dedicated shall be conveyed in fee to the city by grant deed and accepted by resolution, if not already indicated for dedication on the final map. Such parkland shall be free and clear of all encumbrances except those that the city accepts in writing. An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic or hazardous materials. The subdivider shall provide all fees and instruments necessary to convey the land and shall include a preliminary title report and title insurance in favor of the city in an amount approved by the city.
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(G) Unless otherwise specified through conditions or approval or other agreement, whenever fees are to be paid pursuant to this chapter, the fees shall be paid prior to recordation of the final map, or in the instance of maps consisting of four or fewer parcels, prior to issuance of building permits, as determined by the city. If the payment of fees is deferred to building permit, the city shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of building permits.
(H) Whenever land has been conveyed or fees paid to the city and a final map is never recorded or, if recorded, is reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, repay all fees paid pursuant to this chapter without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.050
DETERMINATION OF LAND OR FEE.
In considering whether the city accepts land dedication or elects to require payment of a fee in-lieu thereof, or a combination of both, the analysis shall consider the following:
(A) The minimum park size acceptable for dedication to the city as a provision of this section shall be three usable acres, unless approved by the Director of Community Services. Usable acreage for parklands is defined as follows: Proposed parkland must have a maximum slope of 3% over 90% of the total area of the park. The remaining 10% may contain slopes greater than 3% if approved by the Director of Community Services. The proposed park must have a length to width ratio no greater than 2:1. A minimum of two sides of the park must abut public streets. Sewer, water, electricity, and storm drain connections must be available at the park. The Director of Community Services must approve any deviation from these standards.
(B) The natural features, access, and location of the proposed park site within the subdivision available for dedication that are compatible with the location of existing proposed park sites and trail ways and the compatibility of dedication with the city’s General Plan and the Trails, Parks, Open Space and Recreation Master Plan. (C) For subdivisions containing 50 parcels or fewer, the city may allow the subdivider to only pay fees; provided, however, that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be fewer than 50. Nothing herein shall prevent the city from accepting the voluntary dedication of land by a subdivider for a subdivision containing fewer than 50 parcels if the dedication meets the other requirements of this section. (D) Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated. (E) Nothing in this section shall be interpreted to prohibit, or limit in any manner, the city from determining the location and configuration of land to be dedicated. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.060
FORMULA FOR DEDICATION OF LAND.
Where a park or recreation facility has been designated and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:
Average number of persons per unit x 0.005 acre = acreage of parkland required per unit Example for a single-family detached dwelling unit (DU): 3.12 x 0.005 = 0.0156 acres/DU PARKLAND DEDICATION FORMULA*
Type of Dwelling
Average Population per Unit
PARKLAND DEDICATION FORMULA*
Type of Dwelling
Average Population per Unit
Single-family residential (detached garage)
3.12 Single-family residential (attached garage)
2.85 Multifamily attached (two to four units)
2.48 Multifamily attached (five or more units)
2.43 Mobilehomes
2.00 *Established pursuant to Cal. Govt Code § 66477(a) Item Title: 10.14
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The subdivider, in addition to the dedicated land required by this section, may be conditioned to provide park improvements, as determined by the city. In return for park improvements, the developer shall receive fee credits against the overall park land dedication requirements of this section and/or the parks and recreation component of the city’s development impact fees equal to the cost of such improvements.
The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the approval of the Director of Community Services and shall conform to the city’s guidelines for park dedications. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.070
CRITERIA FOR REQUIRING PAYMENT OF IN-LIEU FEES.
Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:
(A) The fee shall be based either on the fair market value of the land that would otherwise be required or on a fixed in-lieu rate established by the City Council. If no fixed in-lieu fee rate has been established, the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to this section by the per acre fair market value of the improved value of the subdivision.
(B) The fair market value shall be determined and agreed to by the city and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of an acre of land within the subdivision based on the value of the land as a recorded map. If the city does not accept the subdivider’s appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the subdivider pays, which appraisal shall be final and conclusive.
(C) Whenever fees are paid pursuant to this section, the city shall deposit the fees into a separate account applicable to the project. Money in the account, including accrued interest, shall be expended solely for development of parkland or improvements related thereto or the rehabilitation of existing park or recreational facilities within the subdivision except as provided in Cal. Govt Code § 66477(a)(3)(B). If the final map is withdrawn or rejected, the fees shall be returned without interest to the subdivider.
(D) The city shall commit the uses of the collected fees for parks or recreational purposes to serve residents of the subdivision within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
(E) The Director of Community Services shall report to the City Council at least annually on income, expenditures, and status of the subdivision park account.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) § 7.75.080
CREDIT FOR PRIVATE PARKS AND RECREATION AREAS.
Where private park areas for active recreational purposes are proposed within a subdivision to be privately-owned and - maintained, the subdivider may receive up to a 50% credit against the requirement of land dedication or payment of in-lieu fees as follows:
(A) Yards, court areas, setbacks, and other open space areas required by the Community Development Department shall not be included in the computation of such private open space. (B) Use of the private park or recreational area is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property which cannot be eliminated without the consent of the city and which are submitted to the city prior to the approval of the final map. (C) The private park or recreation area is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location. (D) The private park and recreation facilities shall be owned by the developer or a homeowners association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization, operated under recorded land agreements through which each lot owner, renter, or lessee is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities. (E) Active recreational purposes shall mean, for purposes of this section:
(1) Park areas for active recreational pursuits, such as sports fields, court games, swimming pools, children’s play areas, picnic areas, and open lawn areas having a maximum 10% slope. (2) Recreational buildings and facilities designed for the recreational needs of the residents within the development. (F) Active recreational uses do not include natural open space, nature study areas, open space or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas, or water bodies. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 15
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November 5, 2025
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§ 7.75.090
EXEMPTIONS.
This chapter shall not apply to the following land divisions:
(A) Commercial or industrial subdivisions.
(B) Subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such building permit. (C) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019) Item Title: 10.14
Quimby Agreement with Lennar Homes of California, LLC for the Heritage Village Project Item Page Number: 16
Menifee Mayor and City Council
November 5, 2025
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado
MEETING DATE: November 5, 2025
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. Approve and authorize the City Manager to execute the First Amendment to the Acquisition, Construction and Funding Agreement for Community Facilities District 2022-3, Legado, located northwest of Antelope Road and Chambers Avenue and south of Rouse Road.
DISCUSSION
In June 2020, BLC Fleming entered into Development Agreement (DA) No. 2018-277 with the City of Menifee for the 331-acre Legado property located northwest of Antelope Road and Chambers Avenue and south of Rouse Road. As part of that agreement, BLC Fleming was required to construct certain neighborhood parks and paseos.
Two years later, BLC Fleming worked with the City to form Community Facilities District (CFD) No. 2022-3 to issue bonds to finance public facilities required for the 1,022 homes planned within the residential development. As a condition of using bond proceeds to finance project-related Development Impact Fees (DIF), BLC Fleming agreed to pay a 20% premium to the City on all DIF amounts funded with such proceeds. The Legado development ultimately was divided into three separate Improvement Areas (IA) or phases, known as IA1, IA2, and IA3, each of which has an associated City premium.
Last year, BLC Fleming entered into a contract to sell the project to Lennar Homes of California, LLC (Developer) in three separate transactions corresponding to the three separate improvement areas.
Lennar Homes has closed on the land in IA1 and is under contract to purchase IA2 and IA3. When Lennar purchased IA1 it assumed all responsibilities assigned to the developer for that area, including the requirement to construct the parks and paseos.
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 1
Menifee Mayor and City Council
November 5, 2025
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At this time, the estimated cost to build the parks and paseos has nearly doubled, rising from an estimated $3 million to nearly $5.9 million. Separately on the November 5, 2025, City Council agenda is the proposed Amendment No. 1 to DA No. 2018-277 that addresses the resulting $2.9 million funding gap associated with the construction of the parks and paseos. To assist in closing that funding gap, the City is proposing to amend the Acquisition, Construction and Funding Agreement to waive the City’s interest in the IA1 City premium in the amount of $219,477, making that amount available to be reimbursed to the Developer. The Developer would adhere to all standard reimbursement processes and could only be reimbursed for eligible facilities after bond issuance. The City premium is intended to be used for projects in the general area of the development that provide a specific benefit to residents of the development, and allocating the premium to go toward eligible CFD improvements would meet that goal.
In recent years the City revised the standard language in the acquisition, construction and funding agreements regarding the calculation of the letter of credit/cash deposit requirements at the time of bond issuance. Because the original Acquisition, Construction and Funding Agreement for CFD 2022-3 was approved in 2022, one additional amendment proposed is to align the provision for the calculation of the letter of credit/cash deposit with the method by which the City has been calculating that amount for CFDs formed in the last year.
In a separate action on this agenda, the City Council is considering approval of a Quimby agreement with the Developer that would allow Lennar to use $492,500 it owes in Quimby fees for the nearby Heritage Village development toward the building of Legado’s West Park and Paseos. In recognition of that, the Legado Acquisition, Construction and Funding Agreement, is requested to be amended to specify that when Lennar seeks reimbursement for the West Park and Paseos, the acquisition price would be reduced by $492,500.
Execution and implementation of the proposed Amendment to the Acquisition, Construction and Funding Agreement is contingent on City Council’s approval of Amendment No. 1 to DA No. 2018- 277, listed separately on this agenda. In the case Amendment No. 1 to DA No. 2018-277 is not approved, the proposed Amendment to the Acquisition, Construction and Funding Agreement would be void.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
With approval of the proposed amendment, the City would forfeit collection of CFD premium revenue in the amount of $219,477. Instead, this would increase the available funds for developer reimbursements from CFD bond proceeds associated with CFD No. 2022-3 IA1. In doing so, this would help mitigate the existing funding gap for the IA1 parks/paseo improvements. These funds are restricted for use on public improvements that directly benefit the development area.
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 2
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November 5, 2025
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City of Menifee Staff Report
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Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 3
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November 5, 2025
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ATTACHMENTS
1. Resolution Approving Acquisition Agreement, CFD 2022-3
2. First Amendment to Acquisition Agreement IA1, CFD 2022-3
3. Original Acquisition, Construction & Funding Agreement Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 4
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November 5, 2025
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RESOLUTION NO. 25-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING AN
AMENDMENT TO THE ACQUISITION, CONSTRUCTION AND FUNDING
AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-3, LEGADO, OF
THE CITY OF MENIFEE
WHEREAS, the City of Menifee (the “City”), BLC Fleming, LLC, a Delaware limited liability company and Lennar Homes of California, LLC, a California limited liability company (as partial assignee thereunder with respect to Improvement Area No. 1 of the District (as defined below)), are parties to the Acquisition, Construction and Funding Agreement, dated as of September 22, 2022 (the “Acquisition Agreement”), relating to Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District”); and
WHEREAS, Lennar and the City desire to amend the Acquisition Agreement as it relates to Improvement Area No. 1 pursuant to a First Amendment to Acquisition, Construction and Funding Agreement in the form presented at this meeting (the “First Amendment”); and WHEREAS, the effectiveness of this Agreement is expressly contingent upon the City Council’s approval of Amendment No. 1 to the Development Agreement for the Legado Specific Plan Project, and in the event such amendment is not approved, this Agreement shall be deemed null and void and of no further force or effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee does hereby determine and order as follows:
Section 1.Each of the above recitals is true and correct.
Section 2.The First Amendment on file with the City Clerk is approved as to form, and each of the City Manager, the Assistant City Manager, and their written designees, is authorized to execute the First Amendment in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.
Section 3.This Resolution shall be effective upon its adoption.
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 5
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PASSED, APPROVED AND ADOPTED this the 5th day of November, 2025. ___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 6
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November 5, 2025
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A-1
4937-6965-4131v2/200299-0011
COMMUNITY FACILITIES DISTRICT NO. 2022-3
OF THE CITY OF MENIFEE (LEGADO)
FIRST AMENDMENT TO
ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT
(IMPROVEMENT AREA NO. 1 ONLY)
THIS FIRST AMENDMENT TO ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT (IMPROVEMENT AREA NO. 1 ONLY) (the “First Amendment (IA No. 1 Only)”) is made and entered into by and among, the CITY OF MENIFEE (the “City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2022-3 OF THE CITY OF MENIFEE (LEGADO) (the “Community Facilities District” or “CFD”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Lennar”) (each individually a “Party” and collectively the “Parties”) and amends that certain Acquisition, Construction and Funding Agreement entered into as of September 22, 2022 (the “Original Agreement” and together with this First Amendment (IA No. 1 Only), the “Agreement”), but only as to Lennar and Improvement Area No. 1. Capitalized terms used and not defined herein have the meanings ascribed thereto in the Original Agreement.
WHEREAS, the CFD consists of three improvement areas: Improvement Area No. 1 being developed by Lennar (“IA No. 1”); Improvement Area No. 2 (“IA No. 2”) being developed by BLC FLEMING LLC, a Delaware limited liability company (the “BLC”); and Improvement Area No. 3 (“IA No. 3”) being developed by BLC; and
WHEREAS, the City and BLC entered into the Original Agreement to provide for, among other matters, the financial and other obligations and responsibilities related to the formation of the Community Facilities District and the Improvements to be financed by the Community Facilities District; and
WHEREAS, on March 8, 2024, BLC, Lennar, and the City entered into the Partial Assignment and Assumption Agreement [Phase 1], whereby the Original Agreement was assigned to, and assumed by, Lennar with respect to Phase 1 only, which is coterminous with IA No. 1; and WHEREAS, Lennar and the City have entered into an “Agreement Between the City of Menifee and Lennar Homes of California, LLC Regarding Compliance of Tentative Tract Map No. 38346 with Government Code Section 66477”, dated as of ______, 2025 (the “Quimby Act Agreement”) relating to the application of certain Quimby Act fees for the Heritage Village project (which is adjacent to the CFD) being developed by Lennar (“Heritage Village Project”); and WHEREAS, Section 26.2 of the Original Agreement provides that the Parties may amend the Original Agreement in writing signed by each Party thereto; and WHEREAS, this First Amendment (IA No. 1 Only) impacts only the property in IA No. 1 and expressly does not impact IA No. 2 or IA No. 3; and
WHEREAS, the City and Lennar, as the owner of the property in IA No. 1 and the sole party to the Original Agreement with respect to IA No. 1, desire to amend the Original Agreement as it applies to IA No. 1 only, as set forth herein; and
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 7
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WHEREAS, the effectiveness of this Agreement is expressly contingent upon the City Council’s approval of Amendment No. 1 to the Development Agreement for the Legado Specific Plan Project, and in the event such amendment is not approved, this Agreement shall be deemed null and void and of no further force or effect.
NOW, THEREFORE, it is mutually agreed between the respective Parties as follows:
1.Amendment to Section 2.2(a). The first paragraph of Section 2.2(a) of the Original Agreement is hereby amended and restated as follows:
“(a) Concurrently with the issuance and sale of each series of the Bonds, the owner of any land within an Improvement Area which the City has determined, in its sole discretion, to use in the sizing of such series of Bonds (the “Sizing Property”), together with any Sizing Property owned by any affiliate (collectively, an “Account Party”), for which the Maximum Special Taxes for the then- current fiscal year (as defined in the Rate and Method of Apportionment of Special Tax for such Improvement Area (“Rate and Method”) and such Special Tax referred to herein as the “Special Tax” or “Special Taxes”), are equal to or exceed 20% of the aggregate Maximum Special Taxes authorized to be levied on the Sizing Property in such fiscal year, shall deliver to the City either (i) a renewable irrevocable instrument of credit from a financial institution (rated “A” or better, or otherwise approved by the City) and approved by the City, or (ii) cash in-lieu thereof (a “Security”). The Security shall be in an amount calculated by multiplying the Special Tax Requirement (as defined in the related Rate and Method) for the then current and following fiscal year, by the percentage of the Maximum Special Taxes for the current fiscal year allocable to the Developer Property owned by the Account Party (the “Stated Amount). The Security shall be maintained by the Account Party in each fiscal year until terminated in accordance with Section 2.2(c) below. While the Security is still required the Stated Amount of such Security shall be reduced as set forth in a Certificate of Reduction or Termination (as defined in Section 2.2(c) below).”
2.Amendment to Section 2.2(c). The first paragraph of Section 2.2(c) of the Original Agreement is hereby amended and restated as follows:
“(c) Following the sale or transfer by the Account Party of any property to a person other than the Account Party, or upon the prepayment of the Special Tax obligation for a parcel owned by the Account Party, the Account Party shall notify the Community Facilities District of such event, in writing, and, if requested by the Account Party, the Stated Amount of the Security shall be reduced and be recalculated in accordance with this Section 2.2; provided, however, that any costs associated with the recalculation and reduction shall be borne by the Account Party. Subject to Section 2.2(d) below, the Stated Amount may be reduced to an amount determined by the method of calculation set forth in Section 2.2(a) hereof. The Security shall be terminated upon the earlier of (i) when the Sizing Property owned by, or under option to, the Account Party is responsible for less than 20% of the Maximum Special Taxes applicable to all of the Sizing Property or (ii) when the Account Party has paid (or cause to be paid) all Special Taxes owed by the Account Party in the current fiscal year and the Sizing Property owned by, or under option to, the Account Party is expected to be responsible for less than 20% of the Maximum Special Taxes in the next fiscal year.”
3.Amendment to Section 2.4. Section 2.4 of the Original Agreement is hereby amended and restated as follows:
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 8
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“2.4 Bond Issuance Parameters. The terms and conditions upon which each series of the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of the Bonds shall be determined solely by the City in its legislative discretion in conformance with the Act, the Policy, and this Agreement. Each series of Bonds shall be issued with a term not to exceed 35 years from the date of issuance of the Bonds. The proceeds of the Bonds shall be used in the following priority to (1) fund a reserve fund for the payment of principal and interest with respect to the Bonds in an amount equal to the least of (i) ten percent (10%) of the total bond issue, (ii) maximum annual debt service on Bonds, or (iii) 125% of average annual debt service; (2) fund capitalized interest through the interest payment date on the Bonds for which Special Taxes are not available for payment of debt service on the Bonds or such longer period as requested by the Developer and approved by the City, subject to the Act; (3) reimburse the Developer or its designee pursuant to Section 1 hereof for CFD formation costs advanced by the Developer pursuant to the Reimbursement Agreement which have not already been reimbursed to the Developer from collected Special Tax; (4) pay for costs of issuance of the Bonds including, without limitation, underwriter’s discount, bond counsel and disclosure counsel fees, appraisal and special tax consultant fees, printing, fiscal agent fees, and reasonable Developer legal and financial consultant costs; (5) pay for the costs of forming the Community Facilities District; and (6) pay for the actual costs of the Improvements. At the request of the Developer, the City, in consultation with the underwriter of the Bonds, may consider providing for surety or bond insurance in lieu of all or a portion of the reserve fund in order to generate additional proceeds to fund Improvements. The Community Facilities District shall maintain records relating to the disbursements of proceeds of the sale of the Bonds. The Indenture or Resolution or Fiscal Agent Agreement (hereinafter “Indenture”) for the Bonds shall establish an acquisition and construction fund or improvement fund (herein, the “Improvement Fund”) to be held by the fiscal agent (“Fiscal Agent”) into which shall be deposited initially the proceeds of the Bonds net of the amount of proceeds required to fund items (1) through (5) in the second preceding sentence. The Indenture shall also establish separate accounts of the Improvement Fund designated the “City Improvements Account,” “City Fee Facility Improvements Account,” and any Miscellaneous Improvement Account(s) for the Miscellaneous Improvements described in Exhibit “C,” into which shall be deposited such portions of the Improvement Fund as agreed by the Parties and directed by the City in writing at or subsequent to the closing of the sale of the Bonds consistent with the following priorities:
(a) An amount sufficient to fund the reasonable, current estimated cost of the City Fee Facility Improvements applicable to IA No. 1 and anticipated to be funded out of the Bonds being issued shall be deposited in the City Fee Facility Improvements Account, except that there shall be no deposit to the City Fee Facility Improvements Account for the City Projects amounts shown on Exhibit B.1 to the Original Agreement that would otherwise have been funded by IA No. 1. For the avoidance of doubt, the City agrees to allocate the amount of proceeds that would have otherwise been utilized for City Projects to the City Improvement Account to be applied to finance the costs of City Improvements applicable to IA No. 1, including park facilities to be constructed by Lennar; (b) An amount sufficient to fund the reasonable, current estimated costs of the City Improvements associated with IA No. 1 shall be deposited, or later transferred, to the City Improvements Account. Any Special Taxes levied in IA No. 1 and collected by the CFD remaining after the payment of administrative expenses of the CFD for IA No. 1 and the reimbursement of Lennar for CFD formation costs pursuant to Section 1 hereof shall be deposited into the City Improvements Account at the time of Bond issuance, unless otherwise directed in writing by Lennar; and (c) If applicable, an amount to be agreed upon between Developer and the CFD prior to the issuance of Bonds sufficient to fund the reasonable, current estimated cost of the Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 9
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Miscellaneous Improvements described in Exhibit “C” hereto, anticipated to be funded out of the Bonds being issued shall be deposited, or later transferred, to the applicable Miscellaneous Improvement Account(s).
Interest earned on moneys deposited in each of the City Fee Facility Improvements Account, the City Improvements Account and the Miscellaneous Improvement Account(s) shall remain in such accounts until such time as all of the Improvements have been funded. Additionally, the Developer may direct the CFD to transfer excess moneys in any of the City Fee Facility Improvements Account, the City Improvements Account or the Miscellaneous Improvement Account(s) to another Account.
The Indenture shall provide that amounts remaining in the Improvement Fund after funding all proposed Improvements (such completion of funding to be agreed by the City and the Developer) shall be deposited in the special tax fund or bond service fund and be applied to pay debt service on the Bonds and/or to call Bonds in advance of maturity.
4.Amendment to Section 10. Section 10 of the Original Agreement is hereby amended by adding the following as the last paragraph thereof:
“The Quimby Act Agreement provides that the Quimby Fees paid by Lennar in connection with the Heritage Village Project will be earmarked by the City to be used exclusively to pay the public neighborhood parks and paseos required to be constructed in IA No. 1 (“West Park and Paseos”). To the extent that such Quimby Fees are actually applied by the City to fund the West Parks and Paseos, Lennar hereby agrees that the total Acquisition Price of the West Park and Paseos to be paid to Lennar from the proceeds of bonds or special taxes of the Community Facilities District for Legado shall not include that portion of the $492,500 actually received by Lennar. For example, if the total cost of the West Park and Paseos is $2 million, and Lennar was reimbursed $492,500 of that cost from the Quimby Fees, then the maximum that Lennar may seek for the Acquisition Price of the West Park and Paseos would be $1,507,500 (i.e., $2,000,000 cost less $492,500). Nothing in this Section 10 shall prevent the Quimby Fees paid in connection with the Heritage Village Project from being returned to Lennar upon receipt by the City of bond proceeds or special taxes of the community facilities district for the Heritage Village Project allocated to such Quimby Fees in equal amount.”
5.Amendment to Section 20. The following paragraph hereby amends and restates Section 20 of the Original Agreement as it applies to IA No. 1 only:
“Lennar shall assume the defense of, indemnify and save harmless, the City, its officers, employees and agents, and the Community Facilities District, its officers, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from such person’s or entity’s performance of its obligations under this Agreement and the construction of the City Improvements and the Miscellaneous Improvements, the failure of Lennar to provide notice of the Special Tax to be levied by the Community Facilities District pursuant to Section 53341.5 of the Act (but only if Lennar is required by law to provide such notice), or arising out of any alleged misstatements of fact or alleged omission of a material fact made by Lennar, its officers, directors, employees or agents to the City, the Community Facilities District, the underwriter of the Bonds and its counsel, the appraiser, the special tax consultant, the market absorption consultant or bond counsel regarding Lennar, its proposed developments, its property ownership, and any contractual arrangement it may enter into in a disclosure document describing the Community Facilities District and the risks relating to the Bonds. No provision of this Agreement shall in any way limit the extent of Lennar’s responsibility for payment of damages resulting from the operations of Lennar and its contractors; provided, however that Lennar Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 10
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shall not be required to assume the defense or indemnify and save harmless any person or entity as to actions, damages, claims, losses or expenses resulting from the breach of this Agreement, the willful misconduct of such person or entity or their officers, agents, consultants or employees. Under no circumstances shall Lennar have any liability under this Section 20 for actions taken by the owners of property outside of IA No. 1.”
6.General Provisions.
(a) Incorporation into Original Agreement. Except as expressly amended hereby, all provisions of the Original Agreement remain in full force and effect, and this First Amendment (IA No. 1 Only) is incorporated as a part of the Original Agreement to comprise the Agreement in effect as of the date hereof but only as to IA No. 1 only.
(b) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument.
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 11
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4937-6965-4131v2/200299-0011
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written below.
DATED: November 5, 2025
CITY OF MENIFEE, a political subdivision of
the State of California
By:
Armando G. Villa, City Manager
ATTEST:
By:
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY FOR THE CITY OF
MENIFEE
By:
Jeffrey T. Melching, City Attorney
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 12
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4937-6965-4131v2/200299-0011
Item Title: 10.15
Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 13
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November 5, 2025
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LENNAR HOMES OF CALIFORNIA, LLC,
A California limited liability company
By:
Name:
Title:
Item Title: 10.15
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Agreement Amendment with Lennar Homes of California, LLC for Community Facilities District 2022-3, Legado Item Page Number: 15
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
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. 3 to the Master Agreement with Dennis Janda, Inc., for land surveying and mapping review services, increasing the amount by $125,000, for a total not-to-exceed amount of $625,000 through June 30, 2026.
DISCUSSION
On June 21, 2023, the City Council approved various master agreements for professional on-call services with firms previously established on an approved on-call shortlist for Engineering. Dennis Janda, Inc. (DJI) is one of two shortlist firms initially designated to provide land surveying and mapping review services for Engineering. While staff have requested quotes for specific project work from both firms, DJI is often the only response received, and is consistently the most cost- effective option. Staff continues to review options for the inclusion of additional firms on the shortlist for these services, given the volume of services needed to meet current development demands.
A master agreement was initially established with DJI for a three-year contract term from July 1, 2023, through June 30, 2026, for a total agreement not-to-exceed amount of $230,000. Two prior agreement amendments have been approved by City Council to support the continued volume of development activities requiring technical survey mapping review and final survey monument inspection services. DJI has continued to provide timely and cost-effective services. Given the limited responsiveness of other firms, staff has relied heavily on DJI for performance technical survey reviews for subdivision mapping approval and for monument inspection services at project close-outs. This has resulted in a need to increase the not-to-exceed compensation amount of the DJI Master Agreement.
Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 1
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November 5, 2025
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City of Menifee Staff Report
PW PSA Amendment, Dennis Janda, Inc.
November 5, 2025
3 0
4 1
The proposed Amendment No. 3 would increase the Master Agreement by $125,000 for a total contract not-to-exceed amount of $625,000. The contract not-to-exceed amount represents compensation authorized for services provided for the full three-year term, which began July 1, 2023, and is set to expire June 30, 2026. All other terms would remain unchanged, as outlined in Table No. 1 below.
TABLE 1 – DJI AGREEMENT HISTORY
Date approved Amount Contract Term
Original PSA 7/20/2023 $230,000 6/30/2026
Amendment No. 1 6/19/2024 $140,000 6/30/2026
Amendment No. 2 4/02/2025 $130,000 6/30/2026
Amendment No. 3 PENDING $125,000 6/30/2026
TOTAL $625,000
Pursuant to Menifee Municipal Code §3.12.060, and Resolution 25-1569, aggregate amendments or change orders in the amount greater than 10% of the contract amount, and any time extension of a performance deadline that exceeds 120 days, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed amendment is not-to-exceed $125,000 through the contract term of Fiscal Year (FY) 2025/2026, bringing the total agreement to a not-to-exceed amount of $625,000. Funding for the proposed amendment is available within the FY 2025/2026 budget, under professional services reimbursable for the Public Works Engineering division within the General Fund (1100-PWD-ENGR-652825).
It is important to note that land surveying and mapping review services are recoverable and would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued following confirmation of budget availability and only for amounts within the approved not-to-exceed agreement compensation amounts.
ATTACHMENTS
1. Amendment No. 3
2. Original Agreement
Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 2
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November 5, 2025
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AMENDMENT NO. 3 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
AMENDMENT NO. 3 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023 between the City of Menifee (“City”) and DENNIS JANDA, INC. (“Consultant”) for PROFESSIONAL ON CALL SERVICES (LAND SURVEYING & MAPPING REVIEW), as amended by that certain Amendment No. 1 to the Agreement entered into on June 19, 2024 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on April 2, 2025 (“Amendment No. 2”), which this Amendment No. 3 is made and entered into on ______________, 2025 to increase the compensation amount 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 3.1, “Not to Exceed Compensation,” is amended to increase the maximum not to exceed compensation by One Hundred Twenty Five Thousand Dollars and Zero Cents ($125,000.00), and is amended to read as follows:
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”).
The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Six Hundred Twenty Five Thousand Dollars and Zero Cents ($625,000.00).
3. Initial paragraph of the original Exhibit A, “Form of Purchase Order”, to the Agreement is amended to read as follows:
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Six Hundred Twenty Five Thousand Dollars and Zero Cents ($625,000.00).
4. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 3
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November 5, 2025
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AMENDMENT NO. 3 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
5. 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)
Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 4
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AMENDMENT NO. 3 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
CITY OF MENIFEE DENNIS JANDA, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Dennis Janda, President
Attest: ________________________________
Tricia Janda, Vice President/Owner
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 5
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2905/031858-0001
19246424.4 a07/18/23
CITY OF MENIFEE
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ____ day of _______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DENNIS JANDA, INC., 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. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on- call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).
1.2 No Guaranteed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.
This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.
1.3 Term. This Agreement shall become effective on July 1, 2023 and shall continue until June 30, 2026, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.
1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.
1.5 Contract Administrator. Kristen Jensen (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.6 Consultant Representative . Dennis Janda is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.
DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 21 June
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1.7 Notices. Any written notice to Consultant shall be sent to:
DENNIS JANDA, INC.
Attn: Dennis Janda
12888 Francine Terrance
Temecula, CA 92590
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristen Jensen, PW Financial Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.
2.1 Purchase Orders . Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.
2.2 Standard 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 s atisfaction of the Contract Administrator.
2.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services. 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.
2.4 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.
2.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order.
DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 7
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2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrict ions applicable to performance of the Services.
2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. 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 communication charges, vehicles, and reproduction facilities.
SECTION 3. COMPENSATION.
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in per formance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thirty Thousand Dollars and Zero Cents ($230,000.00).
3.2 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and shall contain the following information:
a. Serial identifications of progress bills; i.e., Pro gress 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 Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Pur chase Order, 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: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 8
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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; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
3.3 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.4 Payment Holds . City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.
3.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
3.6 Payment Upon Termination . In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved 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. City 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.
SECTION 4. INDEMNIFICATION.
4.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of this Agreement, 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 it s officers, employees, officials, volunteers, and agents from and against 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) charge s, 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 ret ained by City) a nd 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 DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 9
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individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
4.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent p ermitted 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.
4.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, 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. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
4.4 Limitation of Indemnification . The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 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.
4.5 Legal Requirements Related to Indemnification . If any applicable law woul d render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.
SECTION 5. INSURANCE.
5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.
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.
a. Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s L iability 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 DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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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 di scretion 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. b. Commercial General and Automobile Liability Insurance. i) 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 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 g eneral aggregate limit shall apply separately to the Services 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. ii) 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.
iii) Additional 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.
c. Professional Liability Insurance.
i) 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.
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ii) Claims-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 Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination 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.
5.2 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.
5.3 Continuation of Insurance . Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
5.4 Additional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. 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 ow ned, 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 i nsured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. 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.
5.5 Subcontractors’ Insurance . Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
5.6 Deductibles and Self -insured Retentions . Cons ultant 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, Cons ultant 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.
5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
5.8 Notice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
5.9 Variation. 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. The Contractor Administrator may,but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:
Master Agreement for Professional On Call Services.
5.10 Remedies. 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.
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SECTION 6. 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 and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services 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 is or any of its officers, employees, or agents are 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 Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services . City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. 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 Agree ment 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 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 under this Agreement unless such person is properly docum ented and legally entitled to be employed within the United States. 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.
7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include c onstruction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.
Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement , 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 Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing 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 wa ges and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, 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 under DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants , and covenants to City that Consultant and its employees, agents, and 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.4 Conflicts of Interest, Political Reform Act. Consultant represents, warrants , and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obt ain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Politic al Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to c omplete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.
7.6 Assignment and Subcontracting. 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 DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personne l leave Consultant’s employ, Consultant shall notify City immediately.
7.7 Options 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:
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; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had complete d the Services.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 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.
8.2 Licensing 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 othe r 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 DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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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.
8.3 Consultant’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 or expenditures and disbursements charged to City for Services under this Agreement, if any 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.
8.4 Inspection and Audit of Records . Any reco rds or documents that Section 8.3 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 9. MISCELLANEOUS PROVISIONS.
9.1 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 attorney s’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing P arty 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.
9.2 Applicable Law, Venue. The laws of the State of California shall govern 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.
9.3 Severability. If any provision of this Agreement is he ld 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.
9.4 Section 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.
9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreem ent. No delay or omission in the DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waive r of any other default concerning the same or any other provision of this Agreement.
9.6 Successors 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.
9.7 Rights and R emedies. The rights and remedies of the P arties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same d efault or any other default by the other Party.
9.8 Integration. This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agre ements, 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 c onstrued for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
9.10 Execution 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 provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any ot her agreement to which said Party is bound.
9.11 Nondiscrimination. 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 discrim ination 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.
9.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
9.13 Nonliability 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.
9.14 No 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 DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
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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.
9.15 No 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 any Services performed hereunder.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Dennis Janda, President
Tricia Janda, Vice President/Owner
[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
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thirty Thousand Dollars and Zero CentsZero Dollars and Zero Cents ($230,000.00).
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EXHIBIT B
RATE SCHEDULE
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EXHIBIT C
INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.
If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:
In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:
These details will be required on all future invoices submitted.
PROJECT NAME CIP or TRACT
NO.
IP / IS No. PURCHASE
ORDER NO.
PURCHASE
ORDER VALUE
CURRENT
AMOUNT DUE
PREVIOUS
AMOUNT
BILLED
TOTAL BILLED
TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
DocuSign Envelope ID: E4AEC4AF-E84B-4013-95AE-DD95405490E1 DocuSign Envelope ID: A159FC54-6C26-4710-9152-C84CF089D612 Item Title: 10.16
Agreement Amendment with Dennis Janda, Inc. for On-call Land Surveying and Mapping Review Services Item Page Number: 26
Menifee Mayor and City Council
November 5, 2025
Page
422 of 1040
CITY OF MENIFEE
SUBJECT: Agreement Amendment with NV5, Inc. for On-call Environmental Review, Civil Engineering, Landscape Design and Inspection, and Hydrological and Hydraulic Engineering Services
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
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. 2 to the master agreement with NV5, Inc. for environmental review, civil engineering, landscape design and inspection, and hydrological and hydraulic engineering services, increasing the amount by $150,000, total agreement amount not-to-exceed $530,000 through June 30, 2026.
DISCUSSION
On June 21, 2023, the City Council approved various master agreements for professional on-call services with firms previously established on an approved on-call shortlist for Engineering. NV5 Inc. (NV5) is one of the shortlist firms initially designated to provide on-call services in multiple engineering disciplines, including environmental review, civil engineering, landscape design and inspection, and hydrological and hydraulic engineering.
A master agreement was initially established with NV5 for a three-year contract term from July 1, 2023, through June 30, 2026, for a total agreement not-to-exceed amount of $200,000. One prior agreement amendment has been approved by City Council to support the continuing demand for civil plan check, hydrology, and environmental review. NV5 has continued to provide timely and cost-effective services to Engineering for the performance of a broad spectrum of technical plan check services for larger and complex development projects, such as the Menifee Valley Specific Plan, which has dozens of plan sets for review. They also continue to provide additional support in addressing backlogged development project closeout tasks. This has resulted in a need to increase the not-to-exceed compensation amount of the NV5 Master Agreement.
Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 1
Menifee Mayor and City Council
November 5, 2025
Page
423 of 1040
City of Menifee Staff Report
PW PSA Amendment, NV5, Inc.
November 5, 2025
3 0
4 2
The proposed Amendment No. 2 would increase the NV5 Master Agreement amount by $150,000 for a total contract not-to-exceed amount of $530,000. The contract not-to-exceed amount represents compensation authorized for services provided for the full three-year term, which began July 1, 2023, and is set to expire on June 30, 2026. All other terms of the agreement would remain unchanged, as outlined in Table 1 below.
TABLE 1 – NV5 MASTER AGREEMENT HISTORY
Date approved Amount Contract Term
Original PSA 10/02/2023 $200,000 6/30/2026
Amendment No. 1 5/07/2025 $180,000 6/30/2026
Amendment No. 2 PENDING $150,000 6/30/2026
Total $530,000
Pursuant to Menifee Municipal Code §3.12.060, and Resolution 25-1569, aggregate amendments or change orders in the amount greater than 10% of the contract amount, and any time extension of a performance deadline that exceeds 120 days, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed amendment is not-to-exceed $150,000 through the contract term of Fiscal Year (FY) 2025/2026, bringing the total agreement to a not-to-exceed amount of $530,000. Funding for the proposed amendment is available within the FY 2025/2026 budget, under professional services reimbursable for Public Works Engineering division within the General Fund (1100-PWD-ENGR-652825).
It is important to note that on-call engineering review services are recoverable and would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued following confirmation of budget availability and only for amounts within the approved not-to-exceed agreement compensation amounts.
ATTACHMENTS
1. Amendment No. 2
2. Original Agreement
Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 2
Menifee Mayor and City Council
November 5, 2025
Page
424 of 1040
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(ENVIRONMENTAL REVIEW, CIVIL ENGINEERING, LANDSCAPE DESIGN AND
INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING
SERVICES)
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(ENVIRONMENTAL REVIEW, CIVIL ENGINEERING, LANDSCAPE DESIGN AND
INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING
SERVICES)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Master Agreement for Professional On Call Services (“Agreement”) made on October 2, 2023 between the City of Menifee (“City”) and NV5, Inc. (“Consultant”) for ENVIRONMENTAL REVIEW, CIVIL
ENGINEERING, LANDSCAPE DESIGN AND INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on May 7, 2025 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2025 to increase the compensation amount 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 3.1, “Not to Exceed Compensation” is amended to increase the maximum not to exceed compensation by One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), and is amended to read as follows:
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”).
The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Five Hundred Thirty Thousand Dollars and Zero Cents ($530,000.00).
3. The initial paragraph of the original Exhibit A, to the Agreement is amended to read as follows:
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 3
Menifee Mayor and City Council
November 5, 2025
Page
425 of 1040
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(ENVIRONMENTAL REVIEW, CIVIL ENGINEERING, LANDSCAPE DESIGN AND
INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING
SERVICES)
Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Five Hundred Thirty Thousand Dollars and Zero Cents ($530,000.00).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. 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. (Signatures on Following Page)
Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 4
Menifee Mayor and City Council
November 5, 2025
Page
426 of 1040
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(ENVIRONMENTAL REVIEW, CIVIL ENGINEERING, LANDSCAPE DESIGN AND
INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING
SERVICES)
CITY OF MENIFEE NV5, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Jeffrey M. Cooper, Senior Vice President Attest: ________________________________
MaryJo O’Brien, CAO/Secretary
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 5
Menifee Mayor and City Council
November 5, 2025
Page
427 of 1040
2905/031858-0001
19246424.4 a07/24/23
CITY OF MENIFEE
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(ENVIRONMENTAL REVIEW, CIVIL ENGINEERING, LANDSCAPE DESIGN AND
INSPECTION, AND HYDROLOGICAL AND HYDRAULICS ENGINEERING
SERVICES)
THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ____ day of _______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and NV5, INC., a California C-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on- call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).
1.2 No Guaranteed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.
This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.
1.3 Term. This Agreement shall become effective on July 1, 2023 and shall continue until June 30, 2026, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.
1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.
1.5 Contract Administrator. Kristen Jensen (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.6 Consultant Representative . Jeffrey M. Cooper, Senior Vice President is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF October
2nd
Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 6
Menifee Mayor and City Council
November 5, 2025
Page
428 of 1040
2905/031858-0001
19246424.4 a07/24/23 -2-
change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.
1.7 Notices. Any written notice to Consultant shall be sent to:
NV5, Inc.
Attn: Jeffrey M. Cooper, Senior Vice President
15092 Avenue of Science, Suite 200
San Diego, CA 92128
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristen Jensen, Financial Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.
2.1 Purchase Orders . Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.
2.2 Standard 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 pr ofession and to the sole satisfaction of the Contract Administrator.
2.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services. 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.
2.4 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.
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 7
Menifee Mayor and City Council
November 5, 2025
Page
429 of 1040
2905/031858-0001
19246424.4 a07/24/23 -3-
2.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order.
2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.
2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. 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 Ci ty 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 communication charges, vehicles, and reproduction facilities.
SECTION 3. COMPENSATION.
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchas e Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00).
3.2 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and 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 Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 8
Menifee Mayor and City Council
November 5, 2025
Page
430 of 1040
2905/031858-0001
19246424.4 a07/24/23 -4-
Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
3.3 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.4 Payment Holds . City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.
3.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
3.6 Payment Upon Termination. In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved 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. City may condition payment of such compensation upon Consultant deliveri ng 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.
SECTION 4. INDEMNIFICATION.
4.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of this Agreement, 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 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) a nd any judgment (collectively, DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 9
Menifee Mayor and City Council
November 5, 2025
Page
431 of 1040
2905/031858-0001
19246424.4 a07/24/23 -5-
“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.
4.2 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.
4.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, 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. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
4.4 Limitation of Indemnification . The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 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.
4.5 Legal Requirements Related to Indemnification . If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.
SECTION 5. INSURANCE.
5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.
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.
a. 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 Labo r 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 10
Menifee Mayor and City Council
November 5, 2025
Page
432 of 1040
2905/031858-0001
19246424.4 a07/24/23 -6-
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 C alifornia 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. b. Commercial General and Automobile Liability Insurance. i) 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, f or risks associated with the Services contemplated by this Agreement, TWO 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 Services 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. ii) 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.
iii) Additional 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.
c. Professional Liability Insurance.
i) 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 11
Menifee Mayor and City Council
November 5, 2025
Page
433 of 1040
2905/031858-0001
19246424.4 a07/24/23 -7-
deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
ii) Claims-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 Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) yea rs after the expiration or termination 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.
5.2 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.
5.3 Continuation of Insurance . Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
5.4 Additional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. 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. 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.
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
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with
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Civil
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Landscape
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Hydrological and Hydraulic Engineering Services
Item Page Number: 12
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November 5, 2025
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5.5 Subcontractors’ Insurance . Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
5.6 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.
5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
5.8 Notice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
5.9 Variation. 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. The Contractor Administrator may,but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:
Master Agreement for Professional On Call Services.
5.10 Remedies. 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 f ollowing 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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c. Terminate this Agreement.
SECTION 6. 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 and assignment of personnel pur suant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services 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 is or any of its officers, employees, or agents are 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 Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services . City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. 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 en roll 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 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 under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible f or reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include c onstruction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.
Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement , 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 Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing 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 wa ges and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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Hydrological and Hydraulic Engineering Services
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November 5, 2025
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to time, or any other similar law; and/or (iii) failure by Consultant or any party performing under this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consul tant represents, warrants, and covenants to City that Consultant and its employees, agents, and 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or a re necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.4 Conflicts of Interest, Political Reform Act. Consultant represents, warrants , and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degre e the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.
7.6 Assignment and Subcontracting. 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 substa ntial 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
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Landscape
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Hydrological and Hydraulic Engineering Services
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November 5, 2025
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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.
7.7 Options 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:
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; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 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 writ ten consent of both Parties unless required by law.
8.2 Licensing 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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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.
8.3 Consultant’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 or expenditures and disbursements charged to City for Services under this Agreement, if any 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 a ccounting principles and shall be clearly identified and readily accessible.
8.4 Inspection and Audit of Records . Any records or documents that Section 8.3 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 9. MISCELLANEOUS PROVISIONS.
9.1 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 attorney s’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing P arty 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.
9.2 Applicable Law, Venue. The laws of the State of California shall govern 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.
9.3 Severability. If any provision of this Agreement is he ld 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.
9.4 Section 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.
9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
9.6 Successors 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.
9.7 Rights and Remedies. The rights and remedies of the P arties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the 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.
9.8 Integration. This Agreement, including the Exhibits attached hereto, 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 c onstrued for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
9.10 Execution 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 provisi ons 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.
9.11 Nondiscrimination. 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.
9.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
9.13 Nonliability 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.
9.14 No 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 DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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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.
9.15 No 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 interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for any Services performed hereunder.
[Signatures on Following Page]
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Jeffrey M. Cooper, Senior Vice President
MaryJo O'Brien, CAO/Secretary
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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EXHIBIT A.
EXHIBIT A
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00).
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
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EXHIBIT B
RATE SCHEDULE
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Agreement
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Agreement
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DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
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Hydrological and Hydraulic Engineering Services
Item Page Number: 27
Menifee Mayor and City Council
November 5, 2025
Page
449 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 28
Menifee Mayor and City Council
November 5, 2025
Page
450 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 29
Menifee Mayor and City Council
November 5, 2025
Page
451 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 30
Menifee Mayor and City Council
November 5, 2025
Page
452 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 31
Menifee Mayor and City Council
November 5, 2025
Page
453 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 32
Menifee Mayor and City Council
November 5, 2025
Page
454 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 33
Menifee Mayor and City Council
November 5, 2025
Page
455 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 34
Menifee Mayor and City Council
November 5, 2025
Page
456 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 35
Menifee Mayor and City Council
November 5, 2025
Page
457 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 36
Menifee Mayor and City Council
November 5, 2025
Page
458 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 37
Menifee Mayor and City Council
November 5, 2025
Page
459 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 38
Menifee Mayor and City Council
November 5, 2025
Page
460 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 39
Menifee Mayor and City Council
November 5, 2025
Page
461 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 40
Menifee Mayor and City Council
November 5, 2025
Page
462 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 41
Menifee Mayor and City Council
November 5, 2025
Page
463 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 42
Menifee Mayor and City Council
November 5, 2025
Page
464 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 43
Menifee Mayor and City Council
November 5, 2025
Page
465 of 1040
2905/031858-0001
19246424.4 a07/24/23 EXHIBIT C
EXHIBIT C
INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.
If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:
In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:
These details will be required on all future invoices submitted.
PROJECT NAME CIP or TRACT
NO.
IP / IS No. PURCHASE
ORDER NO.
PURCHASE
ORDER VALUE
CURRENT
AMOUNT DUE
PREVIOUS
AMOUNT
BILLED
TOTAL BILLED
TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
DocuSign Envelope ID: 10085592-431B-4047-97FE-CA876EB27F05 DocuSign Envelope ID: A21E5F1C-2CE5-4332-99FF-A492F91929DF Item Title: 10.17
Agreement
Amendment
with
NV5,
Inc.
for
On-call
Environmental
Review,
Civil
Engineering,
Landscape
Design
and
Inspection,
and
Hydrological and Hydraulic Engineering Services
Item Page Number: 44
Menifee Mayor and City Council
November 5, 2025
Page
466 of 1040
CITY OF MENIFEE
SUBJECT: Parcel Map, Agreement, and Bonds for Parcel Map 38156, Menifee Commerce Center, by Menifee Commerce Center I,
LLC and Heritage Valley Business Center, LLC
MEETING DATE: November 5, 2025
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. Approve and authorize the filing of Parcel Map 38156, Menifee Commerce Center, by Menifee Commerce Center I, LLC, and Heritage Valley Business Center, LLC, located south of Ethanac Road, north of McLaughlin Road, east of Trumble Road, and west of Dawson Road; and
2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Parcel Map 38156.
DISCUSSION
Parcel Map 38156 (PM38156), also known as Menifee Commerce Center (Project), is a proposed subdivision of 77.79 gross acres of land into two parcels for industrial purposes. The Project is located south of Ethanac Road, north of McLaughlin Road, east of Trumble Road, and west of Dawson Road.
Menifee Commerce Center I, LLC, and Heritage Valley Business Center, LLC, Delaware Limited Liability Companies (Developers), are now requesting approval and filing of PM38156 and approval of the associated Subdivision Improvement Agreement (Agreement) as required by the Project’s conditions of approval. The Agreement requires that improvement securities be posted to guarantee the completion of the required public improvements. The Agreement requires that public improvements be completed within 12 months from the date of City Council approval.
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 1
Menifee Mayor and City Council
November 5, 2025
Page
467 of 1040
City of Menifee Staff Report
Parcel Map 38156, Menifee Commerce Center
November 5, 2025
2 9
5 3
Staff has reviewed the Developers’ request and determined that the Agreement meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in Tables 1 and 2 below.
TABLE 1 – PUBLIC IMPROVEMENTS PM38156
Improvement Security Faithful
Performance
Labor &
Materials
Streets and Drainage – Sherman and
Dawson 9395709 $ 4,128,500 $ 4,128,500
Streets and Drainage – Trumble Road 9395710 $ 630,000 $ 630,000 Streets and Drainage – Ethanac Road 9395716 $ 2,693,000 $ 2,693,000 Streets and Drainage – McLaughlin Road 9395715 $ 796,000 $ 796,000 Drainage Improvements – RCFC Phase 1 016250703 $ 7,478,732 $ 7,478,732 Drainage Improvements – RCFC Phase 2 016250704 $ 1,369,296 $ 1,369,296 Recycled Water System – Phase 1 (Dawson
and Antelope) 9395711 $ 171,500 $ 171,500
Recycled Water System – Phase 3 Trumble 9395713 $ 34,000 $ 34,000 Water System and Recycled Water System
– Phase 2 Sherman and Dawson 9395712 $ 190,500 $ 190,500 Landscape – Trumble Road (POC1) 016250717 $ 124,500 $ 124,500 Landscape – Sherman Road (POC3) 016250714 $ 462,000 $ 462,000 Landscape – Dawson Road (POC5) 016250716 $ 180,000 $ 180,000 Water System and Sewer System –
Sherman and Dawson 9395714 $ 973,500 $ 973,500
Total $19,231,528 $19,231,528
TABLE 2 – MONUMENT IMPROVEMENTS PM38156
Improvement Security Monument Bond
Subdivision Monument 016250718 $ 7,560
Total $ 7,560
The total securities required for all improvements have been provided by the Developers in the total amount of $19,239,088.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developers have paid all necessary fees associated with review of PM38156. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017- 1 Annexation 30, Zone 30.
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 2
Menifee Mayor and City Council
November 5, 2025
Page
468 of 1040
City of Menifee Staff Report
Parcel Map 38156, Menifee Commerce Center
November 5, 2025
2 9
5 3
ATTACHMENTS
1. Project Map
2. Parcel Map
3. Agreement
4. Bonds – Streets/Drainage Improvements
5. Bonds – Recycled Water Improvements
6. Bonds – Landscape Improvements
7. Bonds – Water/Sewer Improvements
8. Bond – Monument
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 3
Menifee Mayor and City Council
November 5, 2025
Page
469 of 1040
333-070-069
TRUMBLE RD
VAN
BUREN
AVE
JEFFERSON AVE
MONROE AVE
DAWSON RD
ANTELOPE RD
SHERMAN RD
EVANS RD ENCANTO
DR
§¨¦
215
·|}þ74
^_
MENIFEE
RD
ETHANAC RD
SHERMAN RD
MURRIETA RD
MCLAUGHLIN RD
SUNCITYBLVD
CANNON
DR
VALLEY
BLVD
GEARY ST
JUNIPERO RDASPEL RD
BARNETT RD
§¨¦215
CHAMBERS AVE
VELADR
COMMUNITY FACILITIES DISTRICT NO. 2017-1(MAINTENANCE SERVICES) ANNEXATION NO. 30
PROJECT MAP
Item Title: 10.18
Parcel Map, Agreement, and Bonds for Parcel Map 38156, Menifee Commerce Center, by Menifee Commerce Center I, LLC and Heritage Valley Business Center, LLC Item Page Number: 4
Menifee Mayor and City Council
November 5, 2025
Page
470 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 5
Menifee Mayor and City Council
November 5, 2025
Page
471 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 6
Menifee Mayor and City Council
November 5, 2025
Page
472 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 7
Menifee Mayor and City Council
November 5, 2025
Page
473 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 8
Menifee Mayor and City Council
November 5, 2025
Page
474 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 9
Menifee Mayor and City Council
November 5, 2025
Page
475 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 10
Menifee Mayor and City Council
November 5, 2025
Page
476 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 11
Menifee Mayor and City Council
November 5, 2025
Page
477 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 12
Menifee Mayor and City Council
November 5, 2025
Page
478 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 13
Menifee Mayor and City Council
November 5, 2025
Page
479 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 14
Menifee Mayor and City Council
November 5, 2025
Page
480 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 15
Menifee Mayor and City Council
November 5, 2025
Page
481 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 16
Menifee Mayor and City Council
November 5, 2025
Page
482 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 17
Menifee Mayor and City Council
November 5, 2025
Page
483 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 18
Menifee Mayor and City Council
November 5, 2025
Page
484 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 19
Menifee Mayor and City Council
November 5, 2025
Page
485 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 20
Menifee Mayor and City Council
November 5, 2025
Page
486 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 21
Menifee Mayor and City Council
November 5, 2025
Page
487 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 22
Menifee Mayor and City Council
November 5, 2025
Page
488 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 23
Menifee Mayor and City Council
November 5, 2025
Page
489 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 24
Menifee Mayor and City Council
November 5, 2025
Page
490 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 25
Menifee Mayor and City Council
November 5, 2025
Page
491 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 26
Menifee Mayor and City Council
November 5, 2025
Page
492 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 27
Menifee Mayor and City Council
November 5, 2025
Page
493 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 28
Menifee Mayor and City Council
November 5, 2025
Page
494 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 29
Menifee Mayor and City Council
November 5, 2025
Page
495 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 30
Menifee Mayor and City Council
November 5, 2025
Page
496 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 31
Menifee Mayor and City Council
November 5, 2025
Page
497 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 32
Menifee Mayor and City Council
November 5, 2025
Page
498 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 33
Menifee Mayor and City Council
November 5, 2025
Page
499 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 34
Menifee Mayor and City Council
November 5, 2025
Page
500 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 35
Menifee Mayor and City Council
November 5, 2025
Page
501 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 36
Menifee Mayor and City Council
November 5, 2025
Page
502 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 37
Menifee Mayor and City Council
November 5, 2025
Page
503 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 38
Menifee Mayor and City Council
November 5, 2025
Page
504 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 39
Menifee Mayor and City Council
November 5, 2025
Page
505 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 40
Menifee Mayor and City Council
November 5, 2025
Page
506 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 41
Menifee Mayor and City Council
November 5, 2025
Page
507 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 42
Menifee Mayor and City Council
November 5, 2025
Page
508 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 43
Menifee Mayor and City Council
November 5, 2025
Page
509 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 44
Menifee Mayor and City Council
November 5, 2025
Page
510 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 45
Menifee Mayor and City Council
November 5, 2025
Page
511 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 46
Menifee Mayor and City Council
November 5, 2025
Page
512 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 47
Menifee Mayor and City Council
November 5, 2025
Page
513 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 48
Menifee Mayor and City Council
November 5, 2025
Page
514 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 49
Menifee Mayor and City Council
November 5, 2025
Page
515 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 50
Menifee Mayor and City Council
November 5, 2025
Page
516 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 51
Menifee Mayor and City Council
November 5, 2025
Page
517 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 52
Menifee Mayor and City Council
November 5, 2025
Page
518 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 53
Menifee Mayor and City Council
November 5, 2025
Page
519 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 54
Menifee Mayor and City Council
November 5, 2025
Page
520 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 55
Menifee Mayor and City Council
November 5, 2025
Page
521 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 56
Menifee Mayor and City Council
November 5, 2025
Page
522 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 57
Menifee Mayor and City Council
November 5, 2025
Page
523 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 58
Menifee Mayor and City Council
November 5, 2025
Page
524 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 59
Menifee Mayor and City Council
November 5, 2025
Page
525 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 60
Menifee Mayor and City Council
November 5, 2025
Page
526 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 61
Menifee Mayor and City Council
November 5, 2025
Page
527 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 62
Menifee Mayor and City Council
November 5, 2025
Page
528 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 63
Menifee Mayor and City Council
November 5, 2025
Page
529 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 64
Menifee Mayor and City Council
November 5, 2025
Page
530 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 65
Menifee Mayor and City Council
November 5, 2025
Page
531 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 66
Menifee Mayor and City Council
November 5, 2025
Page
532 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 67
Menifee Mayor and City Council
November 5, 2025
Page
533 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 68
Menifee Mayor and City Council
November 5, 2025
Page
534 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 69
Menifee Mayor and City Council
November 5, 2025
Page
535 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 70
Menifee Mayor and City Council
November 5, 2025
Page
536 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 71
Menifee Mayor and City Council
November 5, 2025
Page
537 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 72
Menifee Mayor and City Council
November 5, 2025
Page
538 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 73
Menifee Mayor and City Council
November 5, 2025
Page
539 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 74
Menifee Mayor and City Council
November 5, 2025
Page
540 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 75
Menifee Mayor and City Council
November 5, 2025
Page
541 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 76
Menifee Mayor and City Council
November 5, 2025
Page
542 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 77
Menifee Mayor and City Council
November 5, 2025
Page
543 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 78
Menifee Mayor and City Council
November 5, 2025
Page
544 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 79
Menifee Mayor and City Council
November 5, 2025
Page
545 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 80
Menifee Mayor and City Council
November 5, 2025
Page
546 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 81
Menifee Mayor and City Council
November 5, 2025
Page
547 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 82
Menifee Mayor and City Council
November 5, 2025
Page
548 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 83
Menifee Mayor and City Council
November 5, 2025
Page
549 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 84
Menifee Mayor and City Council
November 5, 2025
Page
550 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 85
Menifee Mayor and City Council
November 5, 2025
Page
551 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 86
Menifee Mayor and City Council
November 5, 2025
Page
552 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 87
Menifee Mayor and City Council
November 5, 2025
Page
553 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 88
Menifee Mayor and City Council
November 5, 2025
Page
554 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 89
Menifee Mayor and City Council
November 5, 2025
Page
555 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 90
Menifee Mayor and City Council
November 5, 2025
Page
556 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 91
Menifee Mayor and City Council
November 5, 2025
Page
557 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 92
Menifee Mayor and City Council
November 5, 2025
Page
558 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 93
Menifee Mayor and City Council
November 5, 2025
Page
559 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 94
Menifee Mayor and City Council
November 5, 2025
Page
560 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 95
Menifee Mayor and City Council
November 5, 2025
Page
561 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 96
Menifee Mayor and City Council
November 5, 2025
Page
562 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 97
Menifee Mayor and City Council
November 5, 2025
Page
563 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 98
Menifee Mayor and City Council
November 5, 2025
Page
564 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 99
Menifee Mayor and City Council
November 5, 2025
Page
565 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 100
Menifee Mayor and City Council
November 5, 2025
Page
566 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 101
Menifee Mayor and City Council
November 5, 2025
Page
567 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 102
Menifee Mayor and City Council
November 5, 2025
Page
568 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 103
Menifee Mayor and City Council
November 5, 2025
Page
569 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 104
Menifee Mayor and City Council
November 5, 2025
Page
570 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 105
Menifee Mayor and City Council
November 5, 2025
Page
571 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 106
Menifee Mayor and City Council
November 5, 2025
Page
572 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 107
Menifee Mayor and City Council
November 5, 2025
Page
573 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 108
Menifee Mayor and City Council
November 5, 2025
Page
574 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 109
Menifee Mayor and City Council
November 5, 2025
Page
575 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 110
Menifee Mayor and City Council
November 5, 2025
Page
576 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 111
Menifee Mayor and City Council
November 5, 2025
Page
577 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 112
Menifee Mayor and City Council
November 5, 2025
Page
578 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 113
Menifee Mayor and City Council
November 5, 2025
Page
579 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 114
Menifee Mayor and City Council
November 5, 2025
Page
580 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 115
Menifee Mayor and City Council
November 5, 2025
Page
581 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 116
Menifee Mayor and City Council
November 5, 2025
Page
582 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 117
Menifee Mayor and City Council
November 5, 2025
Page
583 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 118
Menifee Mayor and City Council
November 5, 2025
Page
584 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 119
Menifee Mayor and City Council
November 5, 2025
Page
585 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 120
Menifee Mayor and City Council
November 5, 2025
Page
586 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 121
Menifee Mayor and City Council
November 5, 2025
Page
587 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 122
Menifee Mayor and City Council
November 5, 2025
Page
588 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 123
Menifee Mayor and City Council
November 5, 2025
Page
589 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 124
Menifee Mayor and City Council
November 5, 2025
Page
590 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 125
Menifee Mayor and City Council
November 5, 2025
Page
591 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 126
Menifee Mayor and City Council
November 5, 2025
Page
592 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 127
Menifee Mayor and City Council
November 5, 2025
Page
593 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 128
Menifee Mayor and City Council
November 5, 2025
Page
594 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 129
Menifee Mayor and City Council
November 5, 2025
Page
595 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 130
Menifee Mayor and City Council
November 5, 2025
Page
596 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 131
Menifee Mayor and City Council
November 5, 2025
Page
597 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 132
Menifee Mayor and City Council
November 5, 2025
Page
598 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 133
Menifee Mayor and City Council
November 5, 2025
Page
599 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 134
Menifee Mayor and City Council
November 5, 2025
Page
600 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 135
Menifee Mayor and City Council
November 5, 2025
Page
601 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 136
Menifee Mayor and City Council
November 5, 2025
Page
602 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 137
Menifee Mayor and City Council
November 5, 2025
Page
603 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 138
Menifee Mayor and City Council
November 5, 2025
Page
604 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 139
Menifee Mayor and City Council
November 5, 2025
Page
605 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 140
Menifee Mayor and City Council
November 5, 2025
Page
606 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 141
Menifee Mayor and City Council
November 5, 2025
Page
607 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 142
Menifee Mayor and City Council
November 5, 2025
Page
608 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 143
Menifee Mayor and City Council
November 5, 2025
Page
609 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 144
Menifee Mayor and City Council
November 5, 2025
Page
610 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 145
Menifee Mayor and City Council
November 5, 2025
Page
611 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 146
Menifee Mayor and City Council
November 5, 2025
Page
612 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 147
Menifee Mayor and City Council
November 5, 2025
Page
613 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 148
Menifee Mayor and City Council
November 5, 2025
Page
614 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 149
Menifee Mayor and City Council
November 5, 2025
Page
615 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 150
Menifee Mayor and City Council
November 5, 2025
Page
616 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 151
Menifee Mayor and City Council
November 5, 2025
Page
617 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 152
Menifee Mayor and City Council
November 5, 2025
Page
618 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 153
Menifee Mayor and City Council
November 5, 2025
Page
619 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 154
Menifee Mayor and City Council
November 5, 2025
Page
620 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 155
Menifee Mayor and City Council
November 5, 2025
Page
621 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 156
Menifee Mayor and City Council
November 5, 2025
Page
622 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 157
Menifee Mayor and City Council
November 5, 2025
Page
623 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 158
Menifee Mayor and City Council
November 5, 2025
Page
624 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 159
Menifee Mayor and City Council
November 5, 2025
Page
625 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 160
Menifee Mayor and City Council
November 5, 2025
Page
626 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 161
Menifee Mayor and City Council
November 5, 2025
Page
627 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 162
Menifee Mayor and City Council
November 5, 2025
Page
628 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 163
Menifee Mayor and City Council
November 5, 2025
Page
629 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 164
Menifee Mayor and City Council
November 5, 2025
Page
630 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 165
Menifee Mayor and City Council
November 5, 2025
Page
631 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 166
Menifee Mayor and City Council
November 5, 2025
Page
632 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 167
Menifee Mayor and City Council
November 5, 2025
Page
633 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 168
Menifee Mayor and City Council
November 5, 2025
Page
634 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 169
Menifee Mayor and City Council
November 5, 2025
Page
635 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 170
Menifee Mayor and City Council
November 5, 2025
Page
636 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 171
Menifee Mayor and City Council
November 5, 2025
Page
637 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 172
Menifee Mayor and City Council
November 5, 2025
Page
638 of 1040
Item Title: 10.18
Parcel
Map,
Agreement,
and
Bonds
for
Parcel
Map
38156,
Menifee
Commerce
Center,
by
Menifee
Commerce
Center
I,
LLC
and
Heritage Valley Business Center, LLC
Item Page Number: 173
Menifee Mayor and City Council
November 5, 2025
Page
639 of 1040
CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206, Windsor, by Pulte Homes
Company, LLC
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, and sewer systems for Tract Map 28206, located at the southwest intersection of Craig Avenue and Palomar Road; and
2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.
DISCUSSION
Pulte Homes Co., LLC (Developer) is the developer of Tract Map No. 28206, Windsor (Project), a subdivision of 17.516 gross acres of land into 65 single-family residential units, located at the southwest intersection of Craig Avenue and Palomar Road, as depicted in the attached Project Map.
The Developer has completed the construction of streets, drainage, water, and sewer system improvements and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff have inspected the completed improvements and determined that they have been constructed in accordance with the City’s specifications and standards. Staff also verified that all project conditions of approval have been met to release the faithful performance and material and labor securities in accordance with City policy.
A 10% warranty security would be held for a period of one year in accordance with the City’s Municipal Code. The original posted security improvements are listed in Table 1 on the following page.
Item Title: 10.19
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206, Windsor, by Pulte Homes Company, LLC Item Page Number: 1
Menifee Mayor and City Council
November 5, 2025
Page
640 of 1040
City of Menifee Staff Report
Public Improvement Acceptance TM 28206
November 5, 2025