Agenda packet — Menifee City Council, November 5, 2025 (part 4 of 5)

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TABLE 1 - ORIGINAL POSTED SECURITY IMPROVEMENTS
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 268013035 $ 1,256,500.00 $628,250.00
Water System 268013035 $405,000.00 $202,500.00
Sewer System 268013035 $303,000.00 $151,500.00
Total $1,964,500.00 $982,250.00

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspections of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2025/2026 operating budgets in Community Facilities District (CFD) 2015- 2, Zone 18.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond – Improvements
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: 2

Menifee Mayor and City Council
November 5, 2025
Page
641 of 1040

VICINITY MAP

NOT TO SCALE

PROJECT MAP
TRACT 28206
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: 3

Menifee Mayor and City Council
November 5, 2025
Page
642 of 1040

AGREEMENT
TRACT 28206

FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into -by anO between the City of Menifee, State of California, hereinafter called City, and Pulte Home ComDanv. LLC . a Limited Liability Company, hereinafter called Developer WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 28206, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and matern-ls necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date lhis Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in aCcordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engrneering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

The estimated cost of said work and improvements is the sum of One Million Two Hundred Fifty Six Thousand Five Hundred and no/100 Dollars, $ 1,256.500.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lavyful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense- and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its developmenl, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agenls, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, Ioss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any 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: 4

Menifee Mayor and City Council
November 5, 2025
Page
643 of 1040

acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or matntenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent .jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law includrng the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous conditron caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any invesligation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies avarlable to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of lhe work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Parl 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said 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: 5

Menifee Mayor and City Council
November 5, 2025
Page
644 of 1040

bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any olher provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are "o.pl"ted within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contJmplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agiees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlavdul and void, the validity of the remaining portions shall not be afiected and the rights and obligations of the partres shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the partres as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising oul of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable altorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a writlen instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consenl of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such altempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement rn a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreemenl in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

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: 6

Menifee Mayor and City Council
November 5, 2025
Page
645 of 1040

The Agreement shall survive the recordalion of the Final Map and shall be recorded against each of the propo;ed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security.posted to secure the work c|vered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

EXy Developer
instruments.

EIGHTEENTH
City of Menifee
29844 Haun Road
It/enifee, CA 92586
Pulte Home Company LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 9269'l
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregolng shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation 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: 7

Menifee Mayor and City Council
November 5, 2025
Page
646 of 1040

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.

Dated: ,Cy f ,2019 By
so+t tL Box}l^n
PULTE IIOITI€ COMPANY tl-c
Dlr.ctor ol bnd
Dated: l 2019 CITY OF MENIFEE
B
nathan G. Smith, Public Works Director/
City Engineer

CITY OF MENIFEE
By
--vrfY
Bill Zimme rlnghtlaavor
APPROVED AS TO FORM:

By:
, City Cle T. Melchi Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
ATTEST:

Sa Ma
By
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: 8

Menifee Mayor and City Council
November 5, 2025
Page
647 of 1040

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange ,
on L0l2ut9 before me,
(insert name and title of the officer)
personally appeared Sohail Bokhari
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature

MAZIAR SAIIE SOTTANI
Notary Public - Calitornia
0range County
Commission # 2169884
Comm. €xpires 0ct 28, 2020
zz
(Seal)
Maziar Safie Soltani, Notary Public
@
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: 9

Menifee Mayor and City Council
November 5, 2025
Page
648 of 1040

11.12.c
Packet Pg. 876
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 10

Menifee Mayor and City Council
November 5, 2025
Page
649 of 1040

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Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 11

Menifee Mayor and City Council
November 5, 2025
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650 of 1040

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Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 12

Menifee Mayor and City Council
November 5, 2025
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651 of 1040

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Packet Pg. 879
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 13

Menifee Mayor and City Council
November 5, 2025
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652 of 1040

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Packet Pg. 880
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 14

Menifee Mayor and City Council
November 5, 2025
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653 of 1040

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Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 15

Menifee Mayor and City Council
November 5, 2025
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654 of 1040

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Packet Pg. 882
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 16

Menifee Mayor and City Council
November 5, 2025
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655 of 1040

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Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 17

Menifee Mayor and City Council
November 5, 2025
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656 of 1040

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Packet Pg. 884
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 18

Menifee Mayor and City Council
November 5, 2025
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657 of 1040

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Packet Pg. 885
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 19

Menifee Mayor and City Council
November 5, 2025
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Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 20

Menifee Mayor and City Council
November 5, 2025
Page
659 of 1040

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Packet Pg. 887
Attachment: TM28206 Replacement Improvement Bonds and Agreements (2266 : Tract Map 28206 Bond Replacement) 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: 21

Menifee Mayor and City Council
November 5, 2025
Page
660 of 1040

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: 22

Menifee Mayor and City Council
November 5, 2025
Page
661 of 1040

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: 23

Menifee Mayor and City Council
November 5, 2025
Page
662 of 1040

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: 24

Menifee Mayor and City Council
November 5, 2025
Page
663 of 1040

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: 25

Menifee Mayor and City Council
November 5, 2025
Page
664 of 1040

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: 26

Menifee Mayor and City Council
November 5, 2025
Page
665 of 1040

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: 27

Menifee Mayor and City Council
November 5, 2025
Page
666 of 1040

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: 28

Menifee Mayor and City Council
November 5, 2025
Page
667 of 1040

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: 29

Menifee Mayor and City Council
November 5, 2025
Page
668 of 1040

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: 30

Menifee Mayor and City Council
November 5, 2025
Page
669 of 1040

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: 31

Menifee Mayor and City Council
November 5, 2025
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., 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 28206-3, 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. 28206-3, Brixton (Project), a subdivision of 18.78 gross acres of land into 64 lots for residential use, 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 on-site and off-site streets, drainage, water, and sewer system improvements and is requesting acceptance of the completed public improvements into the City’s maintenance system. Staff have inspected the completed improvements and determined that they have been constructed in accordance with City 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 Tables 1 and 2 on the following page.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 1

Menifee Mayor and City Council
November 5, 2025
Page
671 of 1040

City of Menifee Staff Report
Public Improvement Acceptance TM 28206-3
November 5, 2025

Page 2 of 2 ends

2 9
8 1
TABLE 1 - ORIGINAL POSTED SECURITY ONSITE IMPROVEMENTS
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 800038275 $ 1,114,000.00 $557,000.00
Water System 800038275 $405,000.00 $202,500.00
Sewer System 800038275 $301,500.00 $150,750.00
Total $1,820,500.00 $910,250.00
TABLE 2 - ORIGINAL POSTED SECURITY OFFSITE IMPROVEMENTS Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 800038274 $255,000.00 $127,500.00
Total $255,500.00 $127,500.00

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage Onsite

3. Agreement – Water System Onsite

4. Agreement – Sewer System Onsite

5. Agreement – Streets and Drainage Offsite

6. Bond – Improvements Onsite

7. Bond – Improvements Offsite
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 2

Menifee Mayor and City Council
November 5, 2025
Page
672 of 1040

PREPARED BY:PREPARED FOR:

VICINITY MAP

NOT TO SCALE

PROJECT MAP
TRACT 28206-3
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 3

Menifee Mayor and City Council
November 5, 2025
Page
673 of 1040

This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Pulte Home Co. LLC , a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as.@'herebyagrees,atDeveloper,SowncoStandexpenSe,tofurnisha|llabor,eguipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs irom the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy ol which are on file in the office of the City of Meni{ee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

All the above required work shall be done under the inspection ol and to the satislaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer lurther agrees to maintain the above required improvements lor a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any detective work or labor done or delective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

TheeStimatedcoStofSaidworkandimproVementSiStheSumof@
Thousand and no/100 Dollars, $ 1.114,000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required lor the lawful construction ol the work and perlormance of Developer's obligations under this Agreement. Developer shall conduct the work in tull compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction ol the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and speciJications and for inspectlng the construction ol said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees relerred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion ol the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligatlons shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible lor making any payment ancl/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee ol City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specilied in this agreement prior to the completion and acceptance thereo{, nor shall City or any officer or employee thereof, be liable lor any persons or property injured or damage by reason ol the nature of the work, or by reason ol the acts or omissions of Developer, iti agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall delend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action ol any federal, state, or local government body or agency, arising out of or incideni to any

AGREEMENT
TRACT 28206-3

FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 4

Menifee Mayor and City Council
November 5, 2025
Page
674 of 1040

acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment ol all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected oflicials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liabilily, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent .iurisdiction. Developer's obligation to indemnify shall survive the expiration or termination ol this Agreement, and shall not be restricted lo insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'lees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the kaveling public of each and every hazardous or dangerous condition caused or created by the conslruction of the works ol improvement at all times up to the completion and formal acceptance oI the works ol improvement. The Developer shall protect all persons lrom such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least lorty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities lor obtaining full intormation with respect to the progress and manner of work and shall f ully cooperate with any investigation regarding the same.

SEVENTH: ll Developer, its agents or employees, neglects, refuses, or farls to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to pedorm satistactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice ol such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights oI Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms ol the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof . The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion ot the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs o{ the work and improvements for the faithtul pertormance of the terms and condittons of this Agreement, and good and suff icient security for payment of labor and materials in the amount prescribed by Article XVll of hiverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 ol Division 3 of the Civil Code ol the State ol California. Developer agrees to renew each and every said bond or bonds with good and suflicient sureties or increase the amounf of said Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 5

Menifee Mayor and City Council
November 5, 2025
Page
675 of 1040

bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount ol the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety oI sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions ol time may be granted in writing, lrom time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way atlect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in lull lorce and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transaclions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, courl costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf ol the parties hereto warrant that they are duly authorized to execute this Agreement on behalt of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent ol City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transier. Unless specifically stated to the conkary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a lorm, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, il any, shall perform all work required to construct all work performed pursuant to this Agreement in a skilllul and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of Cali{ornia. Developer represenls and maintains that it or its contractors shall be skilled in the prolessional calling necessary to pedorm the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to pedorm the work assigned to them, and that they shall have all licenses, permrts, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transler shall be to the satislaction ol the City Attorney and shall include provisions requiring the assignee to post bonds or submit another lorm ol {inancial security, satisfactory to City and approved by the City Attorney, to guarantee construction ol the work covered by this Agreement.

ELEVENTH: This Agreement contains the entire Agreement oJ the parties as to the matters set forth herein. No waiver of any term or condition ol this Agreement shall be a continuing waiver thereof.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 6

Menifee Mayor and City Council
November 5, 2025
Page
676 of 1040

The Agreement shall survive the recordation of the Final Map and shall be recorded against each ol the proposed lots to inlorm successors and assigns of the requrred work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance oi any of the work covered by this Agreement not assigned, hypothecated, or transferred.

EIGHTEENTH: This Agreement is to be governed by the laws ol the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the lollowing addresses:

Axv
City of Menifee
29714 Haun Road
Menifee, CA 92586
Pulte Home Co.
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver ol any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as il all of the parties had executed the same instruments.

Developer
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 7

Menifee Mayor and City Council
November 5, 2025
Page
677 of 1040

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal oaeo, fitzD tb ,zon By:

Sohail Bokhari
Director of Land

CITY OF MENIFEE
athan G. Smith, Public orks Director/
ity Engineer
,201
q
?Dated:

CITY OF IUENIFEE
By
BillZim
ATTEST:

B
By:
n, Mayor
APPROVED AS TO FORM:

By:
h ManW tng, City Cler e lvleichin ity Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTABY

AND EXECUTED IN TRIPLICATE
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 8

Menifee Mayor and City Council
November 5, 2025
Page
678 of 1040

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verrfies only the identity of the individual who signed the document lo which this certificate is
attached, and not the truthfulness, accuracy, or
va lid i of that document
State of California
County of Orange
on 4116118 before me. Maziar Safie Soltani, Notary Public (insert name and title of the officer)
personally appeared Sohail Bokhari
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscrabed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal MAaAR SAflE SoLT ilt
Nolary Public - Cai,ornia
0range County
Commission # 216988(
2z z
M Comrn. Ex rres 0c128.202f
Signature (Seal)
I
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 9

Menifee Mayor and City Council
November 5, 2025
Page
679 of 1040

AGREEMENT
TRACT 28206-3

FOB THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement lor Construction oI Water System lmprovements ("Agreemenl") is made and entered into by and between the City ol Menifee, State ol California, hereinafter called City, and Pulte Home Co. a Limited Liability Company, hereinafter called DeveloperL AS
FIRST: Develo
Tract 28206-3 On
per,
site
as part of the City's consideration oI the final map for that certain land division known , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, tire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a lullythirty six inch (36") minimum cover from the top ol the pipe to street grade, unless otherwise specified by the City Engineer, office of the City o{ Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or ils successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satislaction ol the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year lollowing acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving oI any roadway. The estimated cost o{ said work and improvements is the sum of Four Hundred Five Thousand and no/l00, Dollars, $ 405,000.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required lor the lawful construction of the work and performance ol Developer's obligations under this Agreement. Developer shall conduct the work in lull compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections o{ the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such lees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not lhe City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible lor any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereo{, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason o, the nature ol the work, or by reason of the acts or omissions of Developer, its WITNESSETH:

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 10

Menifee Mayor and City Council
November 5, 2025
Page
680 of 1040

agents or employees, in the per{ormance ol the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected oflicials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes o{ action, liability, loss, administrative action ol any lederal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willlul misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnilication includes, without limitation, the payment ol all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement o, City, its elected officials, officers, employees, and/or agents lor all legal expenses, and cost incurred by each ol them. This indemnification excludes only such portion of any claim, demand, cause oI action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted lo insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and lees (including attorneys' lees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notilies Developer ol such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provrde adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction ol the works of improvement at all times up to the completion and formal acceptance of the works oI improvement. The Developer shall protect all persons lrom such hazardous or dangerous conditions in compliance with State law regulations and standards tor traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours belore beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining lull information with respect to the progress and manner of work and shall f ully cooperate with any investigation regarding the same.

SEVENTH: l{ Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specitied time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specilications have been violated, or have not been pedormed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure oi the Developer to commence or complete construction shall not relieve the Developer or surety from completion ol the improvements required by this Agreement.

Menifee Mayor and City Council
November 5, 2025
Page
681 of 1040

sufficient security for payment ol labor and materials in the amount prescribed by Article XVll of Riverside County Ordinanie 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of Calilornia. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notilied by the City Engineer that the sureties or amounts are insuffictent. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default oI this Agreement unless all required improvements are comaleted within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency ol the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion ol the work contemplated to be done under this Agreement, extensions of time may be granted in writing, lrom time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way aflect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full Iorce and effect during the terms of this Agreement, including any extensions oI time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that iI any part, term or provision ol this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations oI the parties shall be construed and enforced as il the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement ot the parties as to the matters set lorth herein. No warver ol any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' f ees, court costs, liling fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behall of the parties hereto warrant that they are duly authorized to execute this Agreement on behall of said parties and that, by so executing this Agreement, the parties hereto are lormally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent ol City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transleree shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specilically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transleree shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on Iile with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall pedorm all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by prolessionals in the same discipline in the State of Calilornia. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 12

Menifee Mayor and City Council
November 5, 2025
Page
682 of 1040

permits, qualilications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction oi the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall suruive the recordation of the Final Map and shall be recorded against each oJ the propoied lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transter ol the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the perjormance of any of the work covered by this Agreement not assigned, hypothecated, or translerred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same eflect as il all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State ol California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addlesses:
alv Developer
City of lvlenifee
29714 Haun Road
Menijee, CA 92586
Pulte Home Co., LLC
27401 Los Alto, Suite 400
Mission Viejo, CA 92691
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 13

Menifee Mayor and City Council
November 5, 2025
Page
683 of 1040

lN WITNESS WHEREOF, Landowner has atfixed his name, address and seal' Dated: t2.\, ,2018 By:

Sohail Bokhari
Director of Land
/r
q
,zotIDated:

CITY OF MENIFEE
By
BrllZim
ATTEST:

CITY OF MENIFEE
By:
athan G. Smith, Pub tc Works Director/
ity Engineer
, Mayor
APPROVED AS TO FORM:

By:

Manwari s, ity Cle Melch in ily Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
(
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 14

Menifee Mayor and City Council
November 5, 2025
Page
684 of 1040

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certiflcate is
attached, and not the truthfulness, accuracy, or
validity of that document.

County of Orange
on 4lt6l1B before me, Maziar Safie Soltani, Notary Public (insert name and title of the officer)
personally appeared Sohail Bokhari
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the inslrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregorng paragraph is true and correct.

WTNESS my hand and official seal MAZTAR SAfrE SOTTAi{|
Notary Public - Ctll,ornla
0range County
Commirllon r 2l69E64
z
Comm. 0cl
Signature (Seal)
State of California
)
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 15

Menifee Mayor and City Council
November 5, 2025
Page
685 of 1040

10.16.b
Packet Pg. 424
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 16

Menifee Mayor and City Council
November 5, 2025
Page
686 of 1040

10.16.b
Packet Pg. 425
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 17

Menifee Mayor and City Council
November 5, 2025
Page
687 of 1040

10.16.b
Packet Pg. 426
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 18

Menifee Mayor and City Council
November 5, 2025
Page
688 of 1040

10.16.b
Packet Pg. 427
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 19

Menifee Mayor and City Council
November 5, 2025
Page
689 of 1040

10.16.b
Packet Pg. 428
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 20

Menifee Mayor and City Council
November 5, 2025
Page
690 of 1040

10.16.b
Packet Pg. 429
Attachment: Executed On-Site Bonds & Agreements (1863 : Bond Agreements for Public Improvements, Final Map for Tract 28206-3) Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 21

Menifee Mayor and City Council
November 5, 2025
Page
691 of 1040

AGREEMENT
TRACT 28206-3

FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menilee, State of California, hereinafter called City, and Pulte Home Co.. LLC , a Limited Liability Company, hereinafter called Developer WITNESSETH:

FIRST: Developer, as part of the City's consideration of the linal map for that certain land dtvision known as Tract 28206-3 Oflsite , hereby agrees, at Developer's own cost and expense, to lurnish all labor, equipmentandmaterialSneceSsarytoperformandcomplete,within@from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans Ior said land division which have been approved by the City Engineer, a copy of which are on file in the oftice of the City ol l\ilenilee Engineering Department, and do all work incidental thereto in accordance with the standards set lorth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part oJ this Agreement.

All the above required work shall be done under the inspection oI and to the satislaction ol the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer lurther agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction ol the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

The estimated cost of said work and imp rovements is the sum of Two Hundred Fifty Five Thousand Thousand and no/100 Dollars, $ 255,000.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required Jor the laMul construction ol the work and performance ol Developer's obligations under this Agreement. Developer shall conduct the work in lull compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, liling, and processing of improvement plans and specifrcations and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are nol yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivislon and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, il suit is brought upon thrs Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and lees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee oI City, be liable or responsible lor any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature oI the work, or by reason oI the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall de{end, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 22

Menifee Mayor and City Council
November 5, 2025
Page
692 of 1040

acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in conneCtion with or arising out of construction or maintenance of the work contemplated under this Agreement, or perlormance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' iees, and related costs or expenses, ani the reimbursement of City, its elected officials, officers, employees, and/or agents lor all legal expenses, and cost incurred by each of them. This indemnification excludes only such ponion ot any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willlul misconduct ol City as determined by a court or administration body of competent juris'diction. beveloper's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, il any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee ol City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall lerminate in the event that Developer has completed work within the time specilied or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notilies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance ol the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction oI the works of improvement at all times up to the completion and lormal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours beJore beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities lor obtaining full information with respect to the progress and manner of work and shall f ully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or lails to perform satisfactorily any ol the provisions of the plans and specifications, Developer shall be in delault of this Agreement and notice of such delault shall be served upon Developer. City shall have the power, on recommendation oI the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms o{ the Agreement or specifications have been violated, or have not been perlormed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedres available to City under this Agreement or the law. The failure ol the Developer to commence or complete construction shall not relieve the Developer or surety lrom completion ot the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date lhat this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements lor the laithful performance of the terms and conditions of this Agreement, and good and suflicient security {or payment of labor and materials in the amount prescribed by Article XVll oI Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code ol the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient suretres or increase the amount of said Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 23

Menifee Mayor and City Council
November 5, 2025
Page
693 of 1040

bonds, or both, within ten (10) days after being notilied by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, il Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default oi this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer noti{ied Developer of the insufficiency of the security or the amount of the bonds or both NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion ol the work contemplated to be done under this Agreement, extensions ol time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety oI sureties on such bonds. Developer further agiees to maintain the atoresaid bond or bonds in full force and effect during the terms ol this Agreement, including any extensions oI time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that il any part, term or provision of this Agreement is by the courts held to be unlalvful and vord, the validity ot the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enlorced as iJ the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement ol the parlies as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out ol this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, coun costs, filing lees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized lo execute this Agreement on behall of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions oJ this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transreree shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assrgnee, hypothecate, or transleree shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall pedorm all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments theleto on lile with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skilllul and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have suflicient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualilications, and approvals shall maintained thloughout the term ol this Agreement.

The agreement, hypothecation, or lransler shall be to the satislaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 24

Menifee Mayor and City Council
November 5, 2025
Page
694 of 1040

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the propoied lots to inlorm successors and assigns of the required work covered by this Agreement to be constructed and their time lrame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligatlons so assigned and shall release to Developer any bonds or other security.posted to secure the work c6vered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to sLcure the performance of any ol the work covered by this Agreement not assigned, hypothecated, or transf erred.

SEVENTEENTH: Thts agreement may be executed by the panies in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws ol the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Arly Deve looer
City of Menif ee
29714 Haun Road
Ivlenilee, CA 92586
Pulte Home Co., LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenanls and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 25

Menifee Mayor and City Council
November 5, 2025
Page
695 of 1040

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.

Dated: LtL I ,2018 By:

Sohail Bokharl
Director of Land
Dated

CITY OF MENIFEE
// ,201E
By:

CITY OF MENIFEE
athan G.Sm blic Works Director/
ity Engineer
APPROVED AS TO FORM:

By:
ery Melching, ttorney
By
BillZim
ATTEST:
. Mayor
Man City Cle
B
n J

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
1,,'A'h-'
Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 26

Menifee Mayor and City Council
November 5, 2025
Page
696 of 1040

ACKNOWLEDGMENT
A notary public or other officer completing this
certrficate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
on 4lt6lt8 before me.
(insert name and title of the office|
personally appeared Sohail Bokhari
who proved to me on the basis of satisfactory evadence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

MAZIAR SATIE SOTTAiII
Nolsry Public - Calrlornlr
0ranee Couoty
Commitsion * 2169884
z
zz
M comm. E res 0ct 28.2020
Signature (Seal)
Maziar Safie Soltani, Notary Public
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 27

Menifee Mayor and City Council
November 5, 2025
Page
697 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 28

Menifee Mayor and City Council
November 5, 2025
Page
698 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 29

Menifee Mayor and City Council
November 5, 2025
Page
699 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 30

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November 5, 2025
Page
700 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 31

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November 5, 2025
Page
701 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 32

Menifee Mayor and City Council
November 5, 2025
Page
702 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 33

Menifee Mayor and City Council
November 5, 2025
Page
703 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 34

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November 5, 2025
Page
704 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 35

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November 5, 2025
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705 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 36

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 37

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 38

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 39

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 40

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 41

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 42

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 43

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 44

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November 5, 2025
Page
714 of 1040

Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 45

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 46

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November 5, 2025
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Item Title: 10.20
Acceptance of Public Improvements and 90% Release of Security for Tract Map 28206-3, Brixton, by Pulte Homes Co., LLC Item Page Number: 47

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November 5, 2025
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CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the tenant improvements for the Cherry Hills Facility Improvements - Phase I Project, Capital Improvement Program (CIP) Project No. 23-13, located at 26800 Cherry Hills Boulevard; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Cherry Hills Facility Improvements – Phase I Project, CIP No. 23-13 (Project), located at 26800 Cherry Hills Boulevard, is a project to provide interior improvements to an existing building that was previously operating as a Bank of America for the Sun City community. The City purchased the 9,800 square-foot facility in April 2023 with the intention of providing additional space for the expanding Menifee Police Department (MPD), which currently operates out of a leased satellite office located in the nearby Cherry Hills Plaza.

On November 27, 2024, the City’s consultant, Cardinal Environmental, Inc., completed a final asbestos report that identified multiple areas within the facility where asbestos and lead were present. In accordance with regulatory requirements, asbestos abatement was required prior to the design and construction of any tenant improvements. The first phase of the Project addressed abatement in approximately 9,800 square feet of the facility designated for MPD staff. Abatement efforts included the removal and disposal of hazardous materials, as well as the removal of interior finishes necessary to complete the process, such as cabinetry, ceiling tiles and grid system, plumbing fixtures, ducting, toilets, faucets, and drywall.

On May 7, 2025, the City Council approved a construction contract with Integrated Demolition and Remediation, Inc. (Contractor) to perform the required asbestos abatement in the amount of $172,300. The total approved construction budget was $199,500. No contract change orders Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 1

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November 5, 2025
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City of Menifee Staff Report
CIP 23-13 Cherry Hills Facility Ph. I NOC
November 5, 2025

Page 2 of 2 ends

3 0
1 0
occurred during construction. The final overall cost for the Project was completed under budget for a total amount of $182,160, which included ancillary costs such as labor compliance services.

With abatement efforts complete, the City’s consultant surveyed the interior area of the building to begin design for the phase I remodel of the facility. Included in phase I of the Project is the remodeling of approximately 3,000 of the 9,800 square-foot building which would provide offices, breakroom, conference room, restrooms, locker room and information technology room to support the operations of various divisions of the Menifee Police Department. Additional site improvements include enhancements to Americans with Disabilities Act (ADA) accessibility and trash enclosures. The City’s consultant is nearing final design with 100 percent construction documents anticipated to be submitted to the Building and Safety Division in early November 2025. The City Anticipates advertising for construction in early 2026. The remaining 6,800 square feet would be remodeled during a future phase.

If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon Project acceptance by the City, and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved CIP budgets.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Closeout Documents
Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 2

Menifee Mayor and City Council
November 5, 2025
Page
719 of 1040

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CherryHills_FacilityImprovements\CherryHills_FacilityImprovements.aprx Date: 3/18/2024 Cherry Hills Facility Improvements - Phase 1
(CIP 23-13)
Project Location Map
Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 3

Menifee Mayor and City Council
November 5, 2025
Page
720 of 1040

5 1
3 1
1 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
CHERRY HILLS FACILITY IMPROVEMENTS - PHASE I, CIP 23-13 Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on November 5, 2025. The project consisted of asbestos abatement involving the removal and disposal of hazardous materials including removal of interior finishes such as cabinetry, ceiling tiles and grid system, plumbing fixtures, ducting, toilets, faucets, and drywall located at 26800 Cherry Hills Boulevard. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
26800 CHERRY HILLS BOULEVARD
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

INTEGRATED DEMOLITION AND REMEDIATION, INC.
421 E. CERRITOS AVE
ANAHEIM, CA 92805

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, City Clerk
Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 4

Menifee Mayor and City Council
November 5, 2025
Page
721 of 1040

Cherry Hills Facilities lmprovements-Ph 1
ctP 23-13
APPENDlX 4

CLOSE-OUT DOCUMENTS
4-l
Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 5

Menifee Mayor and City Council
November 5, 2025
Page
722 of 1040

Cherry Hills Facilities lmprovements-Ph 1
ctP 23-13

CONTRACTOR'S AFFIDAVIT OF PAYMENT
To All Whom lt May Concern:

WHEREAS, the undersigned has been contracted by the City of Menifee to furnish labor and materials for Cherry Hills Facilities lmprovements-Ph 1 , CIP No. 23-13, under a contract dated the 28 day q1 July 2025, in the City of Menifee, County of Riverside, State of California, of which City of Menifee is the Owner.

NOW, THEREFORE, th iS day 61 July 202q the
undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness an d claims aga inst the Contractor for damages a rising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.

EXCEPTIONS: (lf none, write "None". lf required by the Owner, the Contractor shallfurnish bond satisfactory to the Owner for each exception.)
()
t 7-28 S Us< s.-- 7-28
Signature of Prime Contractor
Shrenik Vora / President
Date Signature of Prime Contractor
Siddharth Vora / Secretary
Date
Print name and title Print name and title
(lf the Prime Controctor is a corporotion two signotures of corporote officers ore requircd.) 4-5
Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 6

Menifee Mayor and City Council
November 5, 2025
Page
723 of 1040

Cherry H ills Facilities lm provements-Ph L
crP 23-13

CONTRACTOR'S CERTIFICATION OF COMPLETION
np17. 712812025
TO: City of Menifee
29844 Ha un Rd
Menifee, Ca liforn ia 92586
pg6y. lntegrated Demolition and Remediation lncoporated (Firm or Corporation )
PROJECT: Cherry Hills Facilities lmprovements-Ph1 - CIP No.23-13 This is to certify that l, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract:

1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the contract drawings and specifications.

2. The contract work is now complete in all parts and requirements, and ready for your final inspection.

3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the contract documents.

I U*qt^-
O
C
Signature of Prime Contractor
Siddharth Vora / Secretary
Signature of Prime Contractor
Shrenik Vora / President
4-2
Print name and title Print name and title
(lf the Prime Controctor is o corporotion two signotures of corporote officers ore required.) Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 7

Menifee Mayor and City Council
November 5, 2025
Page
724 of 1040

Cherry Hills Facilities lm provements-Ph 1
ctP 23-13

CONTRACTOR'S AFFIDAVIT OF DISPOSAL
WHEREAS, on the 28 day o1 J uly 2025 , the undersigned entered into and executed a contract with City of Menifee for Cherry Hills Facilities lmprovements-Phl as partlcularly described in said contract and identified as CIP No.23-13, and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of Menifee Ord ina nces.

WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of Menifee Municipal Code has been furnished.

NOW, THEREFORE, in consideration of the final payment by the City of Menifee to said Contractorunderthetermsofsaidcontract,theundersignedContractor,herebycertifiesandaffirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):

I!]q'us lsEes\os
Type of material disposed of
\Nas\c Mo,..l.l rr<-,| [-Cl\rcua^ ]\lrt<
Name of d isposal sHe
3FLr 6t5 6$r"a fl}, lcrxl*aa^Q.[_ q3251
Address of disposal site
Name of disposal site
Type of materialdisposed of Type of material disposed of Name of disposalsite Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of Menifee on this !l day o1 July zo 2I t (we) ed information is true and coraforementg rect without omissiolr, error or misrepresentation. a1 1
7-28 )'v s-gc^-- 7-28
Signature of Prime Contractor
Shrenik Vora / President
Date Signature of Prime Contractor
Siddharth Vora / Secretary
4-3
Date
Print name and title Print name and title
(lf the Prime Controctor is o corporation two signotures of corporate officers ore required.) Type of materialdisposed of
Address of disposal site
hereby certified and swear under penalty of perjury under the laws of the State of California that the Item Title: 10.21
Notice of Completion and Acceptance for the Cherry Hills Facility Improvements – Phase I Project Item Page Number: 8

Menifee Mayor and City Council
November 5, 2025
Page
725 of 1040

CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Amending Menifee Municipal Code Title 12, Section 12.20.140 to
Prohibit Certain Commercial Vehicle Parking on City Streets and Highways
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance amending Menifee Municipal Code Title 12, Section 12.20.140 to prohibit certain commercial vehicle parking on City streets and highways.

DISCUSSION
Title 12, Section 12.20.140 of the Menifee Municipal Code (MMC) addresses the parking of large commercial vehicles, commercial trailers, and semi-trailers in the City of Menifee. The current MMC generally prohibits the parking of a commercial vehicle having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds, or any commercial trailer or semi-trailer regardless of weight, on any street or highway within a residential district or on any undeveloped private property.

The Public Works and Menifee Police Departments have received multiple complaints from residents and business owners regarding commercial vehicles parked on streets throughout the City outside of residential districts, including, without limitation, in commercial areas and areas adjacent to hospitals. Commercial vehicles parked on City streets contribute to traffic congestion, obstruct motorist sight distance and signage, and impair residents’ access to local businesses and services.

Accordingly, and pursuant to authority granted to the City under the California Vehicle Code, staff recommends that the City Council consider the adoption of the attached ordinance: An Ordinance of the City Council of the City of Menifee amending MMC Title 12, Section 12.20.140 to prohibit certain commercial vehicle parking on City streets and highways (Ordinance).

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 1

Menifee Mayor and City Council
November 5, 2025
Page
726 of 1040

City of Menifee Staff Report
Amendment to Title 12 of the Menifee Municipal Code
November 5, 2025

Page 2 of 2 ends

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The Ordinance, if adopted, would:
Establish heavy commercial vehicles to be those having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds and more than two axels, or any commercial trailer or semi-trailer regardless of weight.
Expand prohibition on the parking of heavy commercial vehicles to apply within all City streets, highways, and rights-of-way, instead of only in residential districts or undeveloped private property.
Prohibit parking on any designated non-privately owned open space within the City.

Exceptions would continue to apply for vehicle loading and unloading, the performance of service on a property, school, and passenger buses, public entity maintenance and related vehicles, and emergency vehicles.

Vehicle Code Section 22507 requires local agencies adopting restrictions on the stopping, parking, or standing of vehicles to place signs or markings giving adequate notice of the restrictions. If adopted, the Ordinance would take effect January 1, 2026, and require the City Manager or designee to post signs providing notice of the parking restrictions at major entry points into the City.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no additional fiscal impact associated with the approval of this item. Costs associated with the purchase and installation of required roadway signs would be absorbed in the approved fiscal year 2025/2026 operating budgets in Gas Tax Fund 2200.

ATTACHMENTS

1. Ordinance
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 2

Menifee Mayor and City Council
November 5, 2025
Page
727 of 1040

1 ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING MENIFEE MUNICIPAL CODE TITLE 12, SECTION

12.20.140 TO PROHIBIT CERTAIN COMMERCIAL VEHICLE PARKING

ON CITY STREETS AND HIGHWAYS
WHEREAS, Section 12.20.140 of the Menifee Municipal Code (MMC) addresses the parking of large commercial vehicles, commercial trailers, and semi-trailers in the City of Menifee; and
WHEREAS, prior to adoption of this Ordinance, MMC Section 12.20.140 generally prohibits the parking of a commercial vehicle having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds, or any commercial trailer or semi-trailer regardless of weight, on any street or highway within a residential district or on any undeveloped private property; and
WHEREAS, the City has received multiple complaints from residents regarding an excess of commercial vehicles parked on streets throughout the City outside of residential districts, including, without limitation, in commercial areas and areas adjacent to hospitals; and
WHEREAS, an excess of commercial vehicles parked on City streets, highways, and rights-of-way contributes to traffic congestion and impairs residents’ access to local businesses and services; and
WHEREAS, the City Council of the City of Menifee desires to amend MMC Section

12.20.140 to extend the prohibition on the parking of a commercial vehicle having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds, and more than two axels, or any commercial trailer or semi-trailer regardless of weight to apply within all City streets, highways, and rights-of-way, on any undeveloped property or any designated non-privately owned open space in the City, instead of only in residential districts; and WHEREAS, Vehicle Code Section 22507 requires local agencies adopting restrictions on the stopping, parking, or standing of vehicles to place signs or markings giving adequate notice of the restrictions; and
WHEREAS, the City Council of the City of Menifee desires to direct the City Manager of the City of Menifee or designee to place the signs or markings required by Vehicle Code Section 22507 to effectuate this Ordinance; and WHEREAS, the City Council of the City of Menifee has determined that this Ordinance is in the best interests of the citizens of the City and is important to the overall quality of life in the City; and
WHEREAS, the City Council of the City of Menifee has determined that the adoption of this Ordinance is not considered a “project” pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) and is otherwise exempt from CEQA review pursuant to the “common sense exemption” in Section 15061 of the CEQA Guidelines; and
WHEREAS, on October 15, 2025, the City Council of the City of Menifee held a duly noticed public meeting at which time members of the public had the opportunity to Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 3

Menifee Mayor and City Council
November 5, 2025
Page
728 of 1040

2 5
1 2
4 6
review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.

NOW, THEREFORE, the City Council of the City of Menifee, California, does ordain as follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

Section 2.Adoption. The Menifee Municipal Code Amendment, as set forth in Exhibit “A” hereto is hereby approved and adopted. Exhibit “A” show the changes to the existing Menifee Municipal Code with underlining of additions and strikeout of deletions.

Section 3. Signs or Markings. The City Manager or designee is hereby directed to place signs or markings providing notice of the restrictions in this Ordinance consistent with the requirements of Vehicle Code Section 22507.

Section 4. CEQA. The City Council of the City of Menifee finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.

Section 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 6.Effective Date. This ordinance shall take effect thirty (30) days after its adoption.

Section 7.Implementation Date. This ordinance shall be implemented on January 1, 2026.

Section 8.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 4

Menifee Mayor and City Council
November 5, 2025
Page
729 of 1040

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Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 5

Menifee Mayor and City Council
November 5, 2025
Page
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This Ordinance was introduced and read on the 5th day of November, 2025 and APPROVED AND ADOPTED this 19th of NOVEMBER, 2025.
___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 6

Menifee Mayor and City Council
November 5, 2025
Page
731 of 1040

3 5
1 2
4 6
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 7

Menifee Mayor and City Council
November 5, 2025
Page
732 of 1040

4 5
1 2
4 6

EXHIBIT A
TITLE 12
CHAPTER 20

VEHICLE PARKING
Sections:

12.20.140 COMMERCIAL VEHICLES
§ 12.20.140 COMMERCIAL VEHICLES.
(A) No person shall park or leave standing a commercial vehicle having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds and more than two axles, or any commercial trailer or semi-trailer regardless of weight, on any street or highway within a residential district or on any undeveloped private property or any designated non-privately owned open space in the City.
(B) As used in this section, “residential district, street, highway, or right-of-way” means the full width of a public street, highway, or right-of-way which is located within, or adjacent to a residential zone as defined in County of Riverside Ordinance No. 348. (C) The City Engineer or his or her designee shall post signs to give notice of the parking restrictions contained in this section at major entry points into the city. (D) This section shall not apply under the following conditions:
(1) Any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained;
(2) Any vehicle parked in connection with, and in the aid of, the performance of a service to or on a property in the block in which such vehicle is parked; (3) Any school or passenger bus under the jurisdiction of the Public Utilities Commission;
(4) Any vehicle owned by a city, county, state, public entity or licensed contractor engaged in the installation, maintenance, or repair of any public property, utility or highway; (5) Any authorized emergency vehicle as defined by the California Vehicle Code.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

Amending

Menifee

Municipal

Code

Title

12,

Section

12.20.140

Prohibit

Certain
Commercial Vehicle Parking on City Streets and Highways Item Page Number: 8

Menifee Mayor and City Council
November 5, 2025
Page
733 of 1040

CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance approving Amendment No. 1 to the Development Agreement with BLC Fleming, LLC and Lennar Homes of California, LLC for the Legado Specific Plan, located south of Rouse Road, west of Antelope Road, north of Chambers Avenue and east of Encanto Drive.

DISCUSSION
Amendment No. 1 to Development Agreement (DA) No. 2018-277 proposes the first amendment to the DA between the developer (BLC Fleming, LLC and Lennar Homes of California, LLC) and the City of Menifee. The amendment seeks to:
1) Extend the Development Impact Fee (DIF) freeze for lots within Lennar Phase 1. 2) Modify the timing for completion of park and paseo improvements. 3) Reduce the required contingency for Park Cost Estimates from 15% to 5%.

These additional amendments to the DA will assist in the successful completion of the Project amenities.

Quimby Agreement
In connection with the proposed DA amendment, on October 2, 2025, the Parks, Recreation and Trails Commission reviewed a Quimby Assessment for Heritage Village TR38346. The Quimby Assessment for Heritage Village TR38346 ensures the project satisfies its parkland dedication requirements under the Menifee Municipal Code Chapter 7.75 and establishes the foundation for moving forward with the Quimby Agreement to support timely, cost-effective park development.

The Quimby Agreement would result in the City foregoing direct receipt of the Quimby Fees from Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 1

Menifee Mayor and City Council
November 5, 2025
Page
734 of 1040

City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

Page 2 of 10 ends

2 9
9 2
Heritage Village TR38346 into its Local Park (Quimby) Fund, and reallocate these fees to the developer (Lennar) to construct the public park improvements in Legado Phase 1 (West Parks and Paseos) at a significantly lower cost than if constructed by the City. The Commission voted unanimously (5-0) to recommend the City Council approve the Quimby Agreement, which is also on the November 5, 2025 City Council agenda for consideration.

It is important to note, if the City Council does not approve the proposed DA Amendment No. 1, the proposed Quimby Agreement would be void.

Planning Commission Recommendation
On October 8, 2025, a public hearing was conducted to present DA Amendment No. 1 to the Planning Commission. The Commission suggested the City request Lennar to provide the infrastructure to the East Park to facilitate the installation of a restroom facility in the future at the City’s discretion. The Commission voted unanimously (5-0) to recommend the City Council approve DA Amendment No. 1.

First Amendment to the Acquisition, Construction and Funding Agreement At the October 14, 2025 Finance Subcommittee Meeting, staff presented a proposed bond premium waiver for Community Facilities District (CFD) No. 2022-3, Legado Improvement Area 1, as well as an overview of the DA Amendment No. 1 provisions to the Finance Subcommittee.

The bond premium waiver is proposed to waive the normal 20% fee on the financed fees against the CFD funds. The Subcommittee voted unanimously to recommend the bond premium waiver and the DA Amendment No. 1 to the City Council for approval.

The proposed bond premium waiver for CFD No. 2022-3 is also on the November 5, 2025 City Council agenda for consideration in the form of an Amendment to the Acquisition, Construction and Funding Agreement.

Similar to the Quimby Agreement, if the City Council does not approve the proposed DA Amendment No. 1, the proposed First Amendment to the Acquisition, Construction and Funding Agreement would be void.

Background of the DA
The Legado Specific Plan, DA No. 2018-277, and Tentative Tract Maps were recommended for approval unanimously by the Planning Commission at a public hearing on May 13, 2020. The City Council approved the project on June 3, 2020, with adoption of the Specific Plan, zoning ordinance and DA No. 2018-277 occurring on June 17, 2020. The Specific Plan and Tentative Tract Maps provided for the development of 1,022 single-family residential lots and parks.

On March 8, 2024, Lennar purchased Phase 1 from BLC Fleming, LLC and assumed all construction responsibilities and improvement requirements as outlined in DA No. 2018-277.

Phase 1 includes the northern portion of the Specific Plan, the neighborhood parks, recreation center site, and several paseos as identified in the proposed DA Amendment provisions.

The property for Phase 2 (which includes the community park) and Phase 3 are still owned by BLC Fleming, LLC and are therefore not addressed as part of the proposed DA Amendment. Any Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 2

Menifee Mayor and City Council
November 5, 2025
Page
735 of 1040

City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

Page 3 of 10 ends

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potential modifications to these phases would occur as needed in the future as development progresses.

IMAGE 1 - SITE PHASE MAP
Since the approval of the project, several of the tract maps have been recorded and home construction and occupancies have commenced within Phase 1. Lennar has been actively processing the park and paseo plans, in addition to processing and constructing various road and infrastructure improvements.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 3

Menifee Mayor and City Council
November 5, 2025
Page
736 of 1040

City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

Page 4 of 10 ends

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IMAGE 2 - PHASE 1 PARKS & PASEOS
Paseos, Parks and Recreation Center
The paseos will serve as a major pedestrian corridor along Paseo Legado and will provide eight- foot walkways with shade trees and rolling turf areas, entry monuments, and enhanced crosswalks across all roadways. They will feature interactive art stations and fitness stations evenly distributed on both the east and west sides of the paseo.

IMAGE 3 - WEST PASEO
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 4

Menifee Mayor and City Council
November 5, 2025
Page
737 of 1040

City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

Page 5 of 10 ends

2 9
9 2
IMAGE 4 - EAST PASEO
The East Park is approximately two acres and will feature shade structures and a picnic area.

The West Park is approximately 1.4 acres and will include a music-themed tot lot playground with shade structures and four fitness stations. The West and East Parks are approximately one-third mile apart. The recreation center will adjoin the West Park on the south side, and will include a 34’ x 76’ pool with cabana, spa, covered patio areas, fire pit, BBQ and picnic tables. The 2,644 square feet recreation center building will feature a small gathering room, kitchen and restroom facilities.

IMAGE 5 - EAST PARK
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 5

Menifee Mayor and City Council
November 5, 2025
Page
738 of 1040

City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

Page 6 of 10 ends

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IMAGE 6 - WEST PARK & RECREATION CENTER
Proposed DA Amendment Provisions
DA No. 2018-277 established a maximum developer contribution for the cost of the parks. As noted in the Fiscal Impact Section of the City Council Staff Report from June 6, 2020, if the park construction costs were to increase, the park facilities may need to be scaled back to be consistent with the maximum developer contributions, or if the City wanted to maintain or add additional amenities, the City would be required to provide funding.

At the time of the adoption of DA No. 2018-277, City staff analyzed the maximum developer contributions towards parks and preliminary cost estimates and believed that the contributions from the developer would be sufficient to construct the parks as shown in the conceptual plans.

However, the significant inflation that has occurred in the construction industry during the course of the last five years impacting both construction materials and labor were not anticipated. The extreme inflation has resulted in significant increases in the cost required to construct the parks and paseos.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 6

Menifee Mayor and City Council
November 5, 2025
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City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

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TABLE 1 – DEVELOPER EXCESS CONTRIBUTION COST ESTIMATE
In an effort to work collaboratively with the developer (Lennar) to reduce the park construction costs to be more in line with the maximum developer contribution identified in DA No. 2018-277 while maintaining the amenities desired by the community and the developer, an amendment to the DA has been proposed for Phase 1. The amendment includes the following changes:
• Add a definition for “Lennar Phase 1”
• Extend the DIF Freeze for lots within Lennar’s Phase 1, which includes:

oTracts 37408-1 (Lots 1-73)
oTracts 37408-2 (Lots 1-49)
oTracts 37408-3 (Lots 1-115)
oTracts 37408-4 (Lots 1-42)
oTract 37409-1 (Lots 1-86)
oTract 37409-2 (Lots 1-67)
oTract 37409-3 (Lots 1-59)
Lennar’s Phase 1 includes 491 lots. It is anticipated that of the 491 lots, only 81 lots would fall outside of the existing DIF freeze, resulting in an estimated cost savings of $44,064.

The cost savings would be applied to the cost of the park improvements. • Extend the timing for completion of the West Park and Paseo from before the 140th Certificate of Occupancy to the 200th Certificate of Occupancy in TR37408. • Move up the timing for completion of the East Park and Paseo from the 140th Certificate of Occupancy to the 95th Certificate of Occupancy in TR34709.

Lennar is “construction-ready”, with permits in hand and a contractor secured, and can begin work on the TR37408 West Park and Paseo immediately upon approval of the DA amendment. This amendment would provide additional time to complete the TR37408 West Park and Paseo but will accelerate the delivery of the TR37409 East Park and Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 7

Menifee Mayor and City Council
November 5, 2025
Page
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City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

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Paseo. The start of construction on the TR34708 West Park and Paseo improvements was delayed due to increased construction costs as well as joint efforts by the City and developer to explore ways to align costs.
• Reduce the required contingency for Park Cost Estimates from 15% to 5%.

Reduction in the contingency amount is anticipated to reduce the park construction bid estimates by $469,844.
• Removal of restroom building from TR37409 East Park.

After consideration of the size of East Park and its close proximity to surrounding homes, it was determined the removal of the restroom building would not affect the park’s intended function as a neighborhood park. This action will help reduce ongoing maintenance costs for the City. As suggested by the Planning Commission, Lennar has agreed to install the water and sewer infrastructure to the East Park to allow for the addition of a restroom facility at the City’s discretion in the future. • Update language indicating East Park & Paseo improvements will be bid out by Lennar at non-prevailing wage.

Additional Provisions
In addition to the proposed DA Amendment provisions listed above, additional provisions were agreed upon between the City and the developer, including:
1) Preparation of the First Amendment to the Acquisition, Construction and Funding Agreement for the CFD Bond premiums.
2) Preparation of a Quimby Agreement for the Quimby fees from Heritage Village TR 38346 3) Acceptance of Points of Connection/Right of Way after the 90-day maintenance period. with the provision for a one-year warranty period.
4) Expedited review of bond exoneration efforts for previously completed tracts.

As noted in Table 2 on the following page, all provisions are estimated to contribute an additional savings of $2,860,046 to the overall construction costs, leaving a remaining shortfall of $21,629, which would be covered by Lennar.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 8

Menifee Mayor and City Council
November 5, 2025
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City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 9

Menifee Mayor and City Council
November 5, 2025
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City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

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TABLE 2 - PROPOSED PROVISIONS

ITEM DA SAVINGS REDUCTION REMAINING
Original Variance - $2,881,676
DIF Freeze Extension ($44,064) $2,837,612
Non-Prevailing Wage for
East Park & Paseo ($763,498) $2,074,114
Phased POC Landscape
Turnover ($345,139) $1,728,975
East Park Restroom
Removal ($237,000) $1,491,975
Contingency Reduction from
15% to 5% ($469,844) $1,022,131

ADDITIONAL FISCAL PROVISIONS
Bond Premium Waiver for
CFD No. 2022-3 ($219,477) $802,654
Quimby & Park DIF from
Heritage Village TR38346 ($731,025) $71,629
Bond Releases ($50,000) $21,629
New Variance (shortfall) - $21,629
Under the terms of the existing DA, Lennar is required to contribute a maximum of $3 million to the City in lieu of constructing the East and West Parks and Paseos. However, as noted above, construction costs have since increased to $5.8 million. This DA Amendment is intended to aid Lennar in offsetting those increased costs through measures such as a Quimby Agreement and reduction in the CFD Bond Premium. If City Council does not approve the DA Amendment, all proposed revisions and agreements will be void.

Environmental Determination
The Environmental Impact Report (EIR) for the Legado Specific Plan (SCH No. 2009091118) was adopted by the City Council on June 3, 2020 and adequately identified any potential impacts associated with this project. Additional environmental review of the proposed amendment to DA No. 2018-277 is not required since DA No. 2018-277 was specifically included in the project description for the EIR prepared for the Legado Specific Plan and certified by the City Council in 2020. The EIR analyzed and mitigated all potentially significant effects from the development of the project including the DA. The Legado FEIR can be accessed for review on the City website at https://www.cityofmenifee.us/DocumentCenter/View/15206/Legado-Specific-Plan-Final-EIR.

Public Notice
The proposed amendment was noticed on October 26, 2025 for the November 5, 2025 City Council public hearing. A public notice was published within The Press Enterprise. All relevant public agencies were also notified of the public hearing.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 10

Menifee Mayor and City Council
November 5, 2025
Page
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City of Menifee Staff Report
Legado DA Amendment No. 1
November 5, 2025

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STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The proposed adjustments included within the proposed DA Amendment No. 1 represent a reduction in DIF revenue collection in the amount $44,064 with the extension of the DIF freeze.

Additional indirect fiscal impacts to the City include the timing of when elements of the parks and paseos are turned over to the City. These items will change the timing and nature of expenditures for CFD maintenance and will have offsetting effects. Lennar will realize cost savings of $469,844 from the reduction of the required contingency from 15% to 5% to assist in meeting the amenities desires by the community. These cost savings help offset the existing funding gap for the TR37408 and TR37409 paseo and park improvements.

ATTACHMENTS

1. Ordinance

2. Exhibit A – DA Amendment No. 1

3. Public Hearing Notice

4. June 3, 2020 City Council Staff Report

5. 2020 Legado Development Agreement
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 11

Menifee Mayor and City Council
November 5, 2025
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ORDINANCE NO. 2025- ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2018-277 FOR THE LEGADO SPECIFIC PLAN BY

AND BETWEEN THE CITY OF MENIFEE AND LENNAR HOMES OF

CALIFORNIA LLC AND BLC FLEMING LLC
WHEREAS, on June 3, 2020, the City Council of the City of Menifee approved the Legado Specific Plan, Development Agreement (DA) No. 2018-277, and zoning ordinance, with adoption occurring on June 17, 2020; and WHEREAS, on September 10, 2025, staff in coordination with Lennar, LLC initiated an application requesting an amendment to DA No. 2018-277 (Project). The proposed amendment seeks to: (1) extend the Development Impact Fee (DIF) freeze for lots within Lennar Phase 1 until 2030; (2) modify the timeline for completion of park and paseo improvements; and (3) reduce the required contingency for Park Cost Estimates from 15% to 5%. These additional amendments aim to support the successful completion of the Project; and
WHEREAS, the application is being processed as Amendment No. 1 to DA No. 2018-277 for the Legado Specific Plan No. 2017-187 and associated tentative tract maps; and
WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, on October 2, 2025, the Parks, Recreation and Trails Commission of the City of Menifee reviewed a Quimby Agreement allowing the use of Quimby Fees for Heritage Village (TR 38346) to be reallocated to the construction of the West Park and Paseo for Legado Phase 1, and the Commission voted unanimously to recommend approval of the Quimby Agreement to City Council. Should DA Amendment No. 1 not be approved by City Council, the Quimby Agreement will be void; and WHEREAS, on October 8, 2025 the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Amendment No. 1 to DA No. 2018-277 for the Legado Specific Plan, which the hearing was publicly noticed on September 28, 2025, by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice, and voted unanimously to recommend approval of DA Amendment No. 1 to City Council; and WHEREAS, on October 14, 2025, the Finance Subcommittee of the City of Menifee reviewed a bond premium waiver for the Community Facilities District (CFD) Bond Premiums allowing for the waiver of the 20% fee on financed fees against the City’s CFD Fund, and the Subcommittee voted unanimously to recommend approval of a bond premium waiver to City Council. Should DA Amendment No. 1 not be approved by City Council, the bond premium waiver in the form of the First Amendment to the Acquisition, Construction and Funding Agreement will be void; and
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 12

Menifee Mayor and City Council
November 5, 2025
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Legado - DA Amendment No. 1
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4 WHEREAS, on November 5, 2025, the City Council of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Amendment No. 1 to DA No. 2018-277, which the hearing was publicly noticed on October 26, 2025 by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, Amendment No. 1 to DA No. 2018-277 has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code and is attached hereto as “Exhibit A” of this Ordinance.

NOW, THEREFORE, the City Council of the City of Menifee does ordain as follows:

Section 1: The proposed DA is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.

The proposed First Amendment to the DA supports the development of parks and paseos within the Legado Specific Plan. The DA has been revised to reflect the changes proposed as part City and Developer negotiations of the park construction costs. The changes to the DA will allow to extend the DIF freeze for lots within Lennar Phase 1 until 2030, modify the timing for completion of park and paseo improvements and reduce the required contingency for park cost estimates from 15% to 5%. The Project is consistent with the Specific Plan land use designation. In addition, the Project will provide the residential uses envisioned in the General Plan resulting in the generation of economic growth and supplying needed infrastructure, services and amenities envisioned in the General Plan.

In addition, the Project and associated DA are consistent with the following City of Menifee General Plan policies:
Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.

The Project places appropriate uses within an area designated Specific Plan per the General Plan. Growth has been concentrated in this strategic location to help preserve rural areas. Through the land use plan, development standards, and the design guidelines, the Specific Plan will create a unique place and develop its own identity. The Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan will ensure that development will provide infrastructure efficiently.

The DA implements and is consistent with Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 13

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4 Policy LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs in the city and make it possible for people to live and work in Menifee and maintain a high quality of life.

The Project provides a variety of lot sizes that can accommodate different housing types and price ranges including age restricted housing. The Project contains residential and recreation opportunities fostering a high quality of life.
Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.

The Project includes roadway standards for Encanto Drive, Sherman Road, Rouse Road and Chambers Road which will be implemented through the Development Agreement and tract maps that include Conditions of Approval which require the dedication and installation (or bonding) of roadway improvements consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details
Policy CD-1.3: Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting.

The Project includes entry monuments with a common architectural theme that will strengthen the identity of the development. Special trees and landscaping have been incorporated into the overall design of the monuments and streetscapes. Expanded parkways are also included on several streets to enhance the streetscapes. Roundabouts are provided within the Project to add to the community identity as well. CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City.

The proposed Project will include street trees throughout the project site.
HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open spaces, planting trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle.

As described above, the Project provides parks and open spaces, including expanded parkways, trees and a pattern of pathways that encourage an active healthy lifestyle.
HE-2.5 Public Facilities and Infrastructure. Provide quality community facilities, infrastructure, traffic management, public safety, and other services to promote and improve the livability, safety, and vitality of residential neighborhoods.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 14

Menifee Mayor and City Council
November 5, 2025
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Legado - DA Amendment No. 1
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4 The Project incorporates quality community facilities, including parks, is conditioned to install infrastructure including sewer, water, roadways, and will promote and improve the livability, safety and vitality of the proposed residential neighborhoods and surrounding existing neighborhoods.

Section 2:Consistency with the Zoning Code. The proposed DA is compatible with uses authorized in, and the regulations prescribed for, the zone in which the real property will be located.

The General Plan land use and zoning designation of the site is Legado Specific Plan. The Specific Plan includes the allowed uses and development standards applicable to property within the Specific Plan. The DA Amendment No. 1 is compatible with the uses authorized in, and the regulations prescribed by the Specific Plan. The DA Amendment No. 1 will not modify the allowed uses and is being processed to assist in the successful completion of the Project and provide additional housing within the City of Menifee as envisioned by the Specific Plan.

As amended, the DA will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

Section 3:The proposed DA is in conformity with and will promote public convenience, general welfare and good land use practice.

The DA Amendment No. 1 would facilitate the development of a Specific Plan, more specifically the west and east parks as well as the west and east paseos.

The Project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Project incorporates quality design, parks, landscaping and other improvements which will enhance the area upon construction. The proposed DA Amendment No. 1 provides for the orderly construction of the parks. The proposed DA Amendment No. 1 is consistent with the Specific Plan and will assist Lennar, LLC in implementation of the Specific Plan. The proposed DA Amendment No. 1 is in conformity with and will promote public convenience, general welfare and good land use practice.

Section 4:The DA will not create conditions materially detrimental to the public health, safety and general welfare within the City.

The DA Amendment No. 1 will not result in conditions detrimental to public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development Department, Engineering Department, and Office of the Fire Marshal to Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 15

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November 5, 2025
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Legado - DA Amendment No. 1
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4 ensure it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include requiring park and other amenities to support the proposed residential component, roadway improvements consistent with the General Plan that will benefit the project site and surrounding areas.

The proposed DA Amendment No. 1 does not contain any provisions that would create conditions materially detrimental to public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity and within the City.

Section 5:Orderly Development. The DA would not adversely affect the orderly development of property and surrounding area, or the preservation of property values.

The proposed DA Amendment No. 1 would assist with and would not interfere with the Specific Plan and implementing maps/land use entitlements. The timing of infrastructure, including parks, was carefully considered and coordinated consistently with the original DA. Therefore, the DA would not adversely affect the orderly development of the surrounding area. The proposed DA Amendment No. 1 would not alter the land uses as proposed in the Specific Plan. The proposed DA Amendment No. 1 would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. The proposed DA Amendment No. 1 would assist with the implementation of the Specific Plan, which includes improvements to surrounding roads and the construction of parks. The improvements associated with the Specific Plan implementation are anticipated to enhance and improve the surrounding area and not adversely affect property values.

Section 6:Encourage Development. The DA would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

The assurances provided to the Applicant through the proposed DA Amendment No. 1, such as vesting and timing for public improvements, would provide greater certainty and reduced risk that would encourage development as approved under the Specific Plan and the infrastructure associated with it that would serve the surrounding area.

Section 7:The proposed DA that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

There are no subdivisions proposed as part of DA Amendment No. 1. The subdivisions were approved in conjunction with the approval of the original DA. A Water Supply Assessment was prepared and approved by the Eastern Municipal Water District for the Project. The Project complies with the provisions of Government Code Section 66473.7
Section 8: California Environmental Quality Act (CEQA) Compliance. Additional environmental review of the proposed DA Amendment No. 1 is not required Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 16

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November 5, 2025
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Legado - DA Amendment No. 1
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4 since this DA was specifically included in the project description for the Environmental Impact Report (EIR) prepared for Legado and certified by the City Council in 2020. The EIR analyzed and mitigated all potentially significant effects from the development of the project including the DA.

Section 9: Adoption of the DA. The City Council finds that the facts present within the public record and within this Ordinance provide the basis to adopt Amendment No. 1 to DA No. 2018-277.

Section 10: The City Manager, or their designee, is directed and authorized to do all the following:
a. Make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Amendment No. 1 to DA No. 2018-277 prior to execution and recording; and
b. Execute Amendment No. 1 to DA No. 2018-277; and
c. To implement the DA, in accordance with its terms.

Section 11: Recording. Pursuant to Government Code Section 65868.5 and Section

9.45.150 of the Menifee Municipal Code, the City Clerk shall prepare a final version of the DA Amendment No. 1 for recording within 10 days of the Effective Date that fully reflects the action of the City Council in adopting the DA Amendment No. 1.

Section 12: Effective Date. The Ordinance shall take effect and be in full force and operation 30 days after its second reading and adoption.

Section 13: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 14: Notice of Adoption. The City Clerk is authorized and directed to cause this Ordinance to be published within 15 days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

Section 15: The documents and materials that constitute the record of proceedings on which this Ordinance has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code Section 21081.6.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 17

Menifee Mayor and City Council
November 5, 2025
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Legado - DA Amendment No. 1
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4 THIS ORDINANCE WAS INTRODUCED AND READ on the 5th day of November 2025 and PASSED, APPROVED AND ADOPTED the 19th day of November 2025. _________________________
Bob Karwin, Acting Mayor
Attest:
_________________________________
Stephanie Roseen, City Clerk
Approved as to form:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 18

Menifee Mayor and City Council
November 5, 2025
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Menifee
29844 Haun Road
Menifee, California 92586
Attn: City Clerk
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF MENIFEE
AND

BLC FLEMING LLC, AND LENNAR HOMES OF CALIFORNIA, LLC,

REGARDING THE LEGADO SPECIFIC PLAN PROJECT
This Amendment No. 1 to the Development Agreement (hereinafter “Agreement”) by and between the CITY OF MENIFEE (hereinafter “CITY”'), a municipal corporation of the State of California, and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company, who is successor-in-interest to BLC FLEMING LLC, a Delaware limited liability company (“D EVELOPER”) for a portion of this Agreement is entered into on the ___ day of _________, 2025 (“EFFECTIVE DATE”) is made with reference to the following facts and objectives:

RECITALS
A. On or about June 3, 2020, the City and BLC Fleming, LLC entered into that certain Development Agreement By and Between the City of Menifee and BLC Fleming, LLC regarding the Legado Specific Plan Project (“Original DA”).

B. On or about March 8, 2024, Lennar Homes of California, LLC (“Developer”) became the successor in interest to the rights and obligations of certain portion of BLC Fleming, LLC under the Original DA.

C. The Developer has encountered delays outside of its control in relation to the parks and paseos construction costs that have delayed the parks and paseos construction as previously contemplated in the Original Development DA and the park construction costs have increased from the maximum developer contribution identified in the Development Agreement Original DA. The City desires to accommodate the Developer’s request to facilitate the continued successful development of the Project and provision of park and paseo amenities consistent with the vision of the Specific Plan, and therefore, the parties now desire to amend the Original DA as set forth is this first amendment:

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 19

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November 5, 2025
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In consideration of the foregoing and pursuant to Section 3.5 of the Development Agreement, the Development Agreement is hereby further amended as follows:

AGREEMENT

1. Use of Capitalized Terms. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meaning assigned to such terms in the Original DA.

2. “Agreement” References. Unless the context requires otherwise, refences to the “Agreement” or the “Development Agreement” in this Amendment shall mean and refer to the Original DA.

3. Revision to Section 1.1. Definitions of the Development Agreement is amended to add 1.1.58:

1.1.58 “Lennar Phase 1” means the development of the following lots: Tracts 37408-1 (Lots 1-73); Tracts 37408-2 (Lots 1-49); Tracts 37408-3 (Lots 1-115); Tracts 37408-4 (Lots 1-42); Tract 37409-1 (Lots 1-86); Tract 37409-2 (Lots 1-67); and Tract 37409-3 (Lots 1-59).

4. Revision to Section 5.1 of the Development Agreement is amended to read in its entirety as follows:

5.1 Development Fees. The current Development Fees applicable to the Project are in the amount set forth in Exhibit E, DEVELOPER agrees that all Development Approvals and Subsequent Development Approvals that do not require an amendment to this Agreement under Section 3.5 shall be subject to the Development Fees. DEVELOPER and CITY further agree that the Development Fees (shown on and subject to adjustments as allowed in Exhibit E) shall remain fixed for a period of seven (7) years from the Effective Date, except for lots located within Lennar Phase 1. If the CITY incorporates automatic periodic increases of the Development Fees applicable to all CITY development projects, following the seven (7) year fixed period, the Project will be subject to only 50% of such accrued periodic increases for a three (3) year period whether the periodic increase occurred within the initial seven (7) year fixed period or after, except within Lennar Phase 1. Lots within Lennar Phase 1 are subject to the Development Fees applicable to the fixed amounts shown in Exhibit E for a period of ten (10) years following the Effective Date. Any Development Fees that are due ten (10) or more years following the Effective Date shall be subject to the full Development Fees in effect at the time due.

5. Revisions to Section 6.2.2 Tentative Tract Map No. 37408 Neighborhood Park and Paseo Legado West Improvements (c) and (d) of the Development Agreement is are amended to read in its entirety as follows:
c) Review of Bid. Prior to entering into a construction contract for the 37408 Park Improvements, DEVELOPER shall deliver to CITY DEVELOPER'S 37408 Park Selected Contract which, when combined with a fifteen five percent (15%) contingency and all other categories of Actual Costs of Construction, shall not exceed the amount specified as the Project Cost for the 37408 Park and the Paseo Legado West Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 20

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November 5, 2025
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Improvements in Exhibit F-3. CITY shall have fifteen (15) days from the delivery of the 37408 Park Selected Contract to approve or reject the 37408 Park Selected Contract through the delivery of the 37408 Park Contract Notice. CITY's acceptance or rejection of the 37408 Park Selected Contract shall be based on (i) commercially reasonable considerations that are consistent with CITY's historic practices and/or facts or concerns disclosed upon a reasonable review of the bid documents, or (ii) concern that the costs of the 37408 Park Improvements will exceed DEVELOPER's obligations under this Agreement, thereby resulting in a potential financial exposure to the CITY. If CITY 37408 Park Selected Contract, it shall identify reasonable requested changes in such contract in the 37408 Contract Notice (including, without limitations, requests to modify or value engineer park features to reduce the overall cost as necessary to remove any financial exposure of CITY) and DEVELOPER shall make reasonable efforts to obtain a revised bid that addresses the issues identified in the 37408 Park Contract Notice and submit the same to the CITY. CITY shall have fifteen (15) days from the delivery of the revised bid to approve or reject the revised bid in its reasonable discretion. If CITY rejects the revised 37408 Park Selected Contract and any revised bid, then DEVELOPER may either shall make further modifications to address CITY's concerns, or may demand the engagement of a neutral third party, selected upon the mutual agreement of the Parties, that will perform an expedited evaluation of the CITY's concerns and DEVELO:PER's responses thereto; said expedited review shall be completed within sixty (60) days of DEVELOPER's demand for a review. If CITY refuses to accept and implement the conclusions and recommendations of the neutral third party, DEVELOPER's sole obligation related to the 37408 Park shall be to assign the 37408 Park Construction Drawings to CITY and to pay applicable Development Fee fees subject to credits for DEVELOPER's cost in preparing the 37408 Park Construction Drawings. CITY' s failure to provide DEVELOPER a 37408 Park Contract Notice within fifteen (15) days of delivery shall be deemed CITY's approval of the 37408 Park Selected Contract, so long as concurrent with DEVELOPER's delivery of the proposed 37408 Park Selected Contract (and any revisions thereto) to CITY DEVELOPER includes a cover letter that states in the first paragraph as follows: "IMPORTANT, DELIVERY OF THIS

CONTRACT FOR CITY REVIEW IS SUBJECT TO SPECIFIC OBLIGATION IN SECTION 6.2.2(c) OF THE LEGADO DEVELOPMENT AGREEMENT.

SPECIFICALLY, IF CITY FAILS TO EITHER APPROVE OR REJECT THE ATTACHED CONTRACT WITHIN 15 DAYS OF THE RECEIPT OF THIS LETTER, CITY WILL BE DEEMED TO HAVE APPROVED THE CONTRACT". For the avoidance of doubt, nothing in this Section shall require that the CITY contribute any general funds or other funds (except as specified in the Reimbursement Agreement for the 37408 Park Improvements) toward the 37408 Park Improvements. Further, DEVELOPER agrees to bear all costs of design, planning, and construction of the 37408 Park Improvements in a manner consistent with the Plot Plan conceptual designs (as modified to comply with all applicable building and fire codes) without any additional reimbursements or contributions from the CITY. DEVELOPER further agrees that payment of applicable Development Fees subject to credits for DEVELOPER’s cost in preparing the 37408 Park Construction Drawings does not meet DEVELOPER’s obligations under this Agreement or meet the conditions of approval associated with this Agreement.
(d) Completion of Improvement. The 37408 Park Improvements shall be Item Title: 11.2
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completed prior to the issuance of the certificate of occupancy for the 140th 200th Project dwelling unit in Planning Areas 1, 2, 3, and 4 of Tentative Tract Map No. 37408 (or final inspection if no certificates of occupancies are issued for dwelling units) unless the Director of Public Works approves a later completion date to address construction compatibility and safety issues related to occupied residences. For purposes of this subsection, "completed" means the 37408 Park Improvements shall be open to the public after passing all required inspections and completing a 90-day maintenance and landscape establishment period. CITY shall promptly grant all required approvals and conduct all necessary inspections related to the 37408 Park Improvements. City's unreasonable delay in making an approval or inspection related to the 37408 Park Improvements shall not serve as a basis for CITY in delaying the filing or recordation of any Project final map, issuing a building permit, or issuing a certificate of occupancy.

6. Revisions to Section 6.2.3 Tentative Tract Map (No. 37409) Neighborhood Park and Paseo Legado East Improvements (c) and (d) of the Development Agreement is are amended to read in its entirety as follows:
(c) Review of Bid. Prior to entering into a construction contract for the 37409 Park Improvements, DEVELOPER shall deliver to CITY DEVELOPER'S 37409 Park Selected Contract, which, when combined with a fifteen five percent (15%) contingency and all other categories of Actual Costs of Construction, shall not exceed the amount specified as the Project Cost for the 37409 Park and the Paseo Legado East Improvements in Exhibit F-3. CITY shall have fifteen (15) days from the delivery of the 37409 Park Selected Contract to approve or reject the 37409 Park Selected Contract through the delivery of the 37408 Park Contract Notice. CITY's acceptance or rejection of the 37409 Park Selected Contract shall be based on (i) commercially reasonable considerations that are consistent with CITY's historic practices and/or facts or concerns disclosed upon a reasonable review of the bid documents, or (ii) concern that the costs of the 37409 Park Improvements will exceed DEVELOPER's obligations under this Agreement, thereby resulting in a potential financial exposure to the CITY. If CITY refuses to accept the 37409 Park Selected Contract, it shall identify reasonable requested changes in such contract in the 37409 Contract Notice (including, without limitations, requests to modify or value engineer park features to reduce the overall cost as necessary to remove any financial exposure of CITY) and DEVELOPER shall make reasonable efforts to obtain a revised bid that addresses the issues identified in the 37409 Park Contract Notice and submit the same to the CITY. CITY shall have fifteen (15) days from the delivery of the revised bid to approve or reject the revised bid in its reasonable discretion. If CITY rejects the revised 37409 Park Selected Contract and any revised bid, then DEVELOPER may either shall make further modifications to address CITY's concerns, or may demand the engagement of a neutral third party, selected upon the mutual agreement of the Parties, that will perform an expedited evaluation of the CITY's concerns and DEVELOPER's responses thereto; said expedited review shall be completed within sixty (60) days of DEVELOPER's demand for a review. If CITY refuses to accept and implement the conclusions and recommendations of the neutral third party, DEVELOPER's sole obligation related to the 37409 Park shall be to assign the 37409 Park Construction Drawings to CITY and to pay applicable Development Fee fees subject to credits for DEVELOPER's cost in preparing the 37409 Park Construction Drawings. CITY' s failure to provide DEVELOPER a 37409 Park Contract Notice within fifteen (15) days of delivery shall be deemed CITY's approval of the 37409 Park Selected Contract, so long as concurrent with DEVELOPER's delivery Item Title: 11.2
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of the proposed 37409 Park Selected Contract (and any revisions thereto) to CITY DEVELOPER includes a cover letter that states in the first paragraph as follows:
"IMPORTANT, DELIVERY OF THIS CONTRACT FOR CITY REVIEW IS SUBJECT TO SPECIFIC OBLIGATION IN SECTION 6.2.3(c) OF THE LEGADO DEVELOPMENT AGREEMENT. SPECIFICALLY, IF CITY FAILS TO EITHER APPROVE OR REJECT THE ATTACHED CONTRACT WITHIN 15 DAYS OF THE RECEIPT OF THIS LETTER. CITY WILL BE DEEMED TO HAVE APPROVED THE CONTRACT". For the avoidance of doubt, nothing in this Section shall require that the CITY contribute any general funds or other funds (except as specified in the Reimbursement Agreement for the 37409 Park Improvements) toward the 37409 Park Improvements. Further, DEVELOPER agrees to bear all costs of design, planning, and construction of the 37409 Park Improvements in a manner consistent with the Plot Plan conceptual designs (as modified to exclude the bathroom facility and comply with all applicable building and fire codes) without any additional reimbursements or contributions from the CITY. DEVELOPER further agrees that payment of applicable Development Fees subject to credits for DEVELOPER’s cost in preparing the 37409 Park Construction Drawings does not meet DEVELOPER’s obligations under this Agreement or meet the conditions of approval associated with this Agreement.
(d) Completion of Improvements. The 37409 Park Improvements shall be completed prior to the issuance of the certificate of occupancy for the 140 th 95th Project dwelling unit in Planning Areas 8, 9, 10, and 11 of Tentative Tract Map No. 37409 (or final inspection if no certificates of occupancies are issued for dwelling units) unless the Director of Public Works approves a later completion date to address construction compatibility and safety issues related to occupied residences. For purposes of this subsection, "completed" means the 37409 Park Improvements shall be open to the public after passing all required inspections and completing a 90-day maintenance and landscape establishment period. CITY shall promptly grant all required approvals and conduct all necessary inspections related to the 37409 Park Improvements. CITY's unreasonable delay in making an approval or inspection related to the 37409 Park shall not serve as a basis for CITY in delaying the filing or recordation of any Project final map, issuing a building permit, or issuing a certificate of occupancy.

7. Section 9.1.3 Prevailing Wage Increases to Developer’s Financial Obligations to Complete Park and Paseos as Contemplated in Tentative Tract Map No. 37408 and Tentative Tract Map No. 37409 is added to the Development Agreement as follows:

Section 9.1.3 Prevailing Wage Increases to Developer’s Financial Obligations to Complete Park and Paseos as Contemplated in Tentative Tract Map No. 37408 and Tentative Tract Map No. 37409. In additional DEVELOPER’S indemnification responsibilities under Section 9.1 of this Agreement, DEVELOPER understands and agrees that any costs to planning and constructing the park and paseos required under Tentative Tract Map No. 37408 and Tentative Tract Map No. 37409 may surpass DEVELOPER’S original contribution maximum as contemplated under this Agreement. Moreover, should DEVELOPER’S compliance with any state or federal law, including, but not limited to, Labor Code Section 1781 regarding prevailing wage, require additional payments or expenditures by DEVELOPER to complete the parks and paseos required under Tentative Tract Map No. 37408 and Tentative Tract Map No. 37409, DEVELOPER agrees to bear the full cost of performance without any contribution from the City or changes to the Item Title: 11.2
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conceptual park and paseos plan outlined in Tentative Tract Map No. 37408 and Tentative Tract Map No. 37409.

8. Section 3.12 Bonds and Acceptance of Parks and Points of Connection/Rights of Way Maintenance is added to the Development Agreement to read in its entirety as follows:

Section 3.12 Bonds and Acceptance of Parks and Points of Connection/Right of Way Maintenance. The City Manager or his/her designee shall be authorized to review, amend, and approve any and all bonds or instruments necessary to allow DEVELOPER to transfer maintenance responsibility of the 37408 Park Improvements and the 37409 Park Improvements as well as any Points of Connection to the CITY after the 90-day maintenance and landscape establishment period but before the one-year warranty period required by the Menifee Municipal Code.

9. Section 9.1.1 General Indemnity of the Development agreement is amended to read in its entirety as follows:

Section 9.1.1 General Indemnity. DEVELOPER agrees to indemnify, protect, defend, and hold harmless the CITY Parties as well as Community Facilities District 2022-3 (“CFD 2022-3”) from and against any and all Claims which may arise, directly or indirectly, from the acts, omissions, or operations of DEVELOPER or DEVELOPER's agents, contractors, subcontractors, agents, or employees pursuant to this Agreement, but excluding any loss resulting solely from the intentional or active negligence of the CITY Parties or CFD 2022-

03. Notwithstanding the foregoing, (i) CITY and CFD 2022-03 shall have the right to select and retain counsel to defend any such action or actions and DEVELOPER shall pay the cost thereof; provided, however, that the Parties and CFD 2022-03 agree to attempt in good faith to coordinate and/or consolidate their defense of any Claim that is subject to the indemnification provisions of this Section; and (ii) this indemnity obligation shall not apply to any Claim for which DEVELOPER has provided a separate indemnity to the CITY and/or CFD 2022-03 by way of a separate instrument mutually accepted by the Parties and CFD 2022-03.

10. Section 9.1.2 Prevailing Wage Indemnity and Notice to Developer of Labor Code Section 1781 of the Development Agreement is amended to read in its entirety as follows:

9.1.2 Prevailing Wage Indemnity and Notice to Developer of Labor Code Section 1781. In connection with, but without limiting, the indemnification obligations set forth in Section 9 .1.1, DEVELOPER hereby expressly acknowledges and agrees that the CITY and CFD 2022-03 is are not by this Agreement affirmatively representing, and has have not previously affirmatively represented, to the DEVELOPER or any contractor(s) of DEVELOPER for any construction on or development on or adjacent to the Property, in writing or otherwise, in a call for bids or any agreement or otherwise, that any work to be undertaken on the Property, as may be referred to in this Agreement or construed under this Agreement, including, but not limited to, Tentative Tract Map No. 37408 Neighborhood Park and Paseo Legado West Improvements, Tentative Tract Map (No. 37409) Neighborhood Park and Paseo Legado East Improvements, and those improvements receiving reimbursements or funding from CFD 2022-3, is not a "public work," as defined in Section 1720 of the Labor Code, or under any similar existing or hereinafter enacted law or regulation. The Parties agree that, in connection with the Development and construction (as defined by Applicable Law) of the Project, including, without limitation, any and all Item Title: 11.2
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public works (as defined by Applicable Law), DEVELOPER shall bear all risks of payment or non-payment of prevailing wages under California law and/or federal law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. With respect to the foregoing, DEVELOPER shall be solely responsible, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, and labor laws and standards, and CITY and CFD 2022-3 makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the construction of the Project as it may be amended pursuant hereto or otherwise.

Without limiting the foregoing, DEVELOPER shall indemnify, protect, defend and hold harmless the CITY Parties and CFD 2022-3, with counsel reasonably acceptable to CITY and CFD 2022-3, from and against "increased costs" as defined in California Labor Code Section 1781 (including CITY's reasonable attorneys' fees, cost and litigation costs, and fees of expert witnesses) in connection with the Development or construction (as defined by Applicable Law) of or on the Property, that results or arises in any way from (1) noncompliance by DEVELOPER of the requirement, if and to the extent applicable, to pay federal or state prevailing wages and hire apprentices, or (2) failure by DEVELOPER to provide any required disclosure or identification as required by California Labor Code Sections l 720 et seq. including without limitation specifically Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement.

11. Cooperation: Further Acts. Each party agrees to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Amendment. Each of the parties shall promptly execute and deliver all documents and perform all acts necessary to carry out the matters contemplated by this Amendment.

12. Integration; Interpretation; Recordation. The Original DA and this Amendment reflect the complete understanding of the parties with respect to the subject matter thereof. To the extent this Amendment conflicts with the Original DA, or any prior interpretation thereof, this Amendment supersedes the Original DA and any prior interpretations thereof. In all other respects, the parties hereto re-affirm and ratify all other provisions of the Original DA. This First Amendment shall be duly recorded following its full execution.

13. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.

14. Authority. The person or persons executing this First Amendment ton behalf of the City and Developer warrant and represent that they have the authority to execute this First Amendment and the authority to bind the City and Developer, as applicable, to the performance of their respective obligations hereunder
IN WITNESS WHEREOF, the City and the Developer have signed this First Amendment, by and through the signatures of their authorized representative as of the day and year first hereinabove written.

Item Title: 11.2
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CITY OF MENIFEE, LENNAR HOMES OF CALIFORNIA, LLC
a California municipal corporation a California Limited Liability Corporation By:__________________________ By:_______________________________ Mayor
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
Jeffrey Melching, Esq.

Rutan & Tucker, LLP
City Attorney
Item Title: 11.2
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NOTICE OF PUBLIC HEARING
TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.

DATE OF HEARING: November 5, 2025
PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS
29844 HAUN ROAD MENIFEE, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:

Project Title: “Amendment No. 1 to Legado Specific Plan Development Agreement No. 2018-277” Project Location: The Project is located on 331 acres south of Rouse Road, east of Encanto Drive, north of Chambers Avenue, and west of Antelope Road. (APN: 333-020-009, -010 [partial], 333-030-012, -013, -021, and -022 [partial]).

Amendment No. 1 to Development Agreement No. 2018-277 is between the developer (BLC Fleming, LLC and Lennar Homes of California, LLC) and the City of Menifee to extend the Development Impact Fee (DIF) freeze for lots within Lennar Phase 1, modify the timing for completion of park and paseo improvements, and reduce the required contingency for park cost estimates from 15% to 5%, as well as other provisions. These amendments will assist in the successful completion of the project.

Project Data: General Plan Land Use: Legado Specific Plan No. 2017-187 Zoning: Legado Specific Plan No. 2017-187
Environmental Information: The Legado Specific Plan Environmental Impact Report (SCH No. 2009091118) was adopted by the City Council on June 3, 2020 and adequately identified any potential impacts associated with this project. Additional environmental review of the proposed amendment to the Development Agreement is not required since this agreement was specifically included in the project description for the Environmental Impact Report (EIR) prepared for the Legado Specific Plan and certified by the City Council in 2020. The EIR analyzed and mitigated all potentially significant effects from the development of the project including the Development Agreement.

Any person wishing to comment on the proposed project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed project.

If this project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed project, may be changed in a way other than specifically proposed.

For further information regarding this project, please contact Orlando Hernandez, at (951) 723-3737 or e-mail [email protected], or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. To view the case file for the proposed project contact the Community Development Department office at (951) 672- 6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M. Please send all written correspondence to:

CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Orlando Hernandez, Community Development Director 29844 Haun Road
Menifee, CA 92586
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 27

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CITY OF MENIFEE

SUBJECT: “Legado Specific Plan” – Planning Application Nos. Specific Plan No. 2017-187, Change of Zone No. 2017-188, Vesting Tentative Tract Map No. 37408 (Planning Application No. 2018-137), Vesting Tentative Tract Map No. 37409
(Planning Application No. 2018-138), Tentative Tract Map No. 37391 (Planning Application No. 2017-264),
Development Agreement No. 2018-277 –Environmental
Impact Report (EIR) (State Clearinghouse #2009091118)
MEETING DATE: June 3, 2020
TO: Mayor and City Council
PREPARED BY: Lisa Gordon, Special Project Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager

RECOMMENDED ACTION

1. Conduct a Public Hearing; and

2. Adopt a Resolution to certify the Envir onmental Impact Report and adopt Statement of Overriding Considerations based upon the findings incorporated in the Resolution and analysis in the Environmental Impact Report; and

3. Introduce an Ordinance approving Specific Plan 2017 -187 based upon the findings and conclusions; and

4. Introduce an Ordinance approving Change of Zone 2017 -188 to change the site’s existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone”; and

5. Adopt a Resolution approving Tentati ve Tract Map No. 2017 -264 (TR 37391) subject to the conditions of approval and based upon the findings and conclusions; and

6. Adopt a Resolution approving Vesting Tentative Tract Map No. 2018 -137 (TR 37408) subject to the conditions of approval and based upon the findings and conclusions; and

7. Adopt a Resolution approving Vesting Tentative Tract Map No. 2018 -138 (TR 37409) subject to the conditions of approval and based upon the findings and conclusions; and

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8. Introduce an Ordinance approving Develop ment Agreement 2018 -277 to apply to portions of the Legado Specific Plan subject to the findings and conclusions.

PROJECT DESCRIPTION

Specific Plan 2017 -187 proposes the development of the 331.0 -acre Project site with up to 1,061 residential homes on ap proximately 216.9 acres, freeway-oriented commercial land uses on 20.1 acres, a 12.9 -acre community park/community center, a 1.9 -acre private recreation center, paseos/neighborhood parks on 7.9 acres, conserved open space on 6.3 acres, detention/water quality basins on 26.4 acres, and roadways on 38.6 acres.

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The Specific Plan includes twenty-two (22) Planning Areas proposing the following land uses:

Residential Planning Areas: 15 Total

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Commercial Planning Areas: 2 Total

Open Space and Recreation Planning Areas – 2 Total (Open Space PA22 and Community Park PA 18 only). Other recreation areas included in residential planning areas.

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Basin/Water Quality – Three (3) Total

Change of Zone No. 2017 -188 proposes to modify the zoning on the Proje ct site to reflect the Legado Specific Plan land use plan for the approximately 331.0 -acre Project site. At the time the Project’s Notice of Preparation (NOP) was distributed for public review (2017), the Project’s existing zoning designations were C -P-S (Scenic Highway Commercial) and R -1 (One-Family Dwellings) and CZ 2017 -188 proposed to change the site’s existing zoning from “Scenic Highway Commercial (C -P-S”) and “One -Family Dwellings (R -1)” to “Specific Plan Zone (SP).” However, on December 18, 2019 the City of Menifee adopted a new zoning map that went into effect on January 18, 2020. Pursuant to the new zoning map, the Project site’s zoning designation will be SP “Fleming Ranch Specific Plan Zone.” Thus, CZ No. 2017 -188 would change the site’s updated existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone.” The zone change would also include updating Title 9, Article 3 “Zones”, Chapter 9.155.020 “Adopted Specific Plans”, from “Fleming Ranch (in process)” to “Legado Specific Plan.”

Tentative Tract Map No. 2017 -264 (TTM 37391) proposes a large -lot subdivision map for conveyance purposes and would establish lots corresponding to the Planning Area boundaries

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as proposed by SP 2017-187. A majority of backbone roadway dedications would occur as part of the large -lot subdivision. TTM 37391 would establish a subdivision of 26 lots proposed for 263.5 acres of residential, recreation center, paseos/neighborhood parks and water quality basin uses, 20.1 acres of c ommercial uses, 12.9 acres of park uses, 6.3 acres of open space uses, while the remaining 28.2 acres are proposed for internal public roadways.

Vesting Tentative Tract Map No. 2018 -137 (TTM 37408) proposes to subdivide the Project area west of Sherman Road (excluding the proposed commercial area) into 475 residential lots (totaling 79.5 acres of residential uses). Additional lots (totaling 75.7 acres) are proposed for community park/community center uses, open space/recreation/landscape uses, water quality/detention basins, internal public roadways, park uses, and recreation center uses.

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Vesting Tentative Tract Map No. 2018 -138 (TTM 37409) proposes to subdivide the Project area east of Sherman Road into 547 residential lots (totaling 85.4 acr es of residential uses).

Additional lots (totaling 73.7 acres) are proposed for open space/recreational uses, open space/conservation uses, water quality/detention basins, park uses, and internal public roadways.

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Development Agreement 2018-277 proposes the establishment of provisions for development of the Project such as, but not limited to, infrastructure improvements, park benefits, vesting of development rights, and timing of public improvements.

DISCUSSION

PROJECT LOCATION
The Project site is located south of Rouse Road, east of Encanto Drive and west of Antelope Road. The Project site is located in the City of Menifee, County of Riverside, State of California.

The project site consists of Assessor Parcel Numbers (APNs) 333 -020-009, 333 -020-010 (partial), 333-030-012, 333-030-013, 333-030-021, and 333-030-022 (partial).

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Project Location

PLANNING COMMISSION RECOMMENDATION

Planning Commission May 13, 2010
At the May 13, 2020 Planning Commission hearing, the Commission unanimously recommended certification of the Environmental Impact Report, adoption of the Statement of Overriding Consideration, and approval of the Project.

The City received four (4) comment letters/emails from the: 1) Southwest Regional Council of Carpenters; 2) Life Ca re Center of Menifee; 3) Arts Council Menifee; and, 4) and Boys and Girls Club of Menifee Valley (see attached) in response to the public hearing notice for the Planning Commission meeting. The letters for the Southwest Regional Council of Carpenters and Life Care Center commented on the adequacy of the Final Environmental Impact Report (FEIR). Under the California Environmental Quality Act (CEQA), the City is not required to respond to comments on the F EIR. However, regardless of having satisfied its l egal requirements, responses to these letters are being provided to the City Council as part of the staff report for the Project (see attached). These responses affirm Staff and the Planning Commission’s assessment that the FEIR fully complies with the pr ovisions of CEQA and is complete and adequate. The letters from the Arts Council Menifee and Boys and Girls Club were letters in support of the Project.

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In addition, comments from five members of the public were read by the City Clerk during the public h earing. The comments were from Ron Sullivan, John Tribelhorn with Arts Council Menifee (email read per requested), John W hann with the Boys and Club (letter read per requested), Darcy Kuenzi, and Marion Ashley. The comments were in support of the project , especially the public benefits such as road improvements, drainage improvements, parks and community center.

The Commission and staff discussed the P roject’s requirements for soil testing, lot sizes, and recreational amenities. Overall, the Commissio n was complementary of the p roject design, layout and theme, and voted 5-0 to recommend City Council approval.

BACKGROUND

Previous Application Processing and Planning Commission Workshop Different versions of the Specific Plan have been processed for thi s site since 2005 and there have been past hearings, notices and environmental documents related to those previous versions. The Planning Commission staff report contains a more detailed description of the previous application processing and Workshop in the Background Section.

General Plan
The General Plan land use designation of the site is Specific Plan (Fleming Ranch); however, the Fleming Ranch Specific Plan was never adopted nor approved. At the time of the preparation of the General Plan, the Flem ing Ranch Specific Plan project was considered to be in process and the Land Use Element Background Report specifies that the specific plan land use designation represents both approved or in process projects. It was assumed that the Fleming Ranch Specifi c Plan would be approved soon after the adoption of the General Plan, which occurred in December 2013, and if not, the developer of the project area would need to process a Specific Plan for the development of the area.

The intent of the Specific Plan general plan land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. Since no Specific Plan is in place for the property, th e applicant has prepared and processed the Legado Specific Plan (which was previously called the Fleming Ranch Specific Plan) to provide the policies, standards and criteria for development of the area.

The proposed Legado Specific Plan is consistent wi th the General Plan. The Specific Plan provides land uses, development standards and design guidelines that implement the goals and policies of the General Plan. Roadways, trails, bike lanes, enhanced landscape corridors, and a possible opportunity for a City gateway monument have been incorporated into the Specific Plan consistent with the General Plan.

Existing General Plan land use designations north of the Project site include “Commercial Office (CO),” “Commercial Retail (CR),” “2.1 -5 dwelling units per acre (du/ac) Residential (2.1 -5 R),” and “Rural Residential – 5 acre minimum (RR5).” Lands to the east of the Project site are designated as “2.1-5 du/ac Residential (2.1-5 R),” “5.1-8 du/ac Residential (5.1-8 R) and “Rural Residential – 5 acre minimum (RR5).” Lands to the south of the Project site are designated as

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“Economic Development Corridor (EDC),” “Public/Quasi Public Facilities (PF),” “Recreation (OS- R),” and “5.1-8 du/ac Residential (5.1 -8 R).” Properties located to the west of the Project s ite, beyond Encanto Drive and Interstate 215 are designated as “Economic Development Corridor (EDC)” and “2.1-5 du/ac Residential (2.1-5 R).” Where residential designations or existing uses occur, the P roject proposes residential uses or recreational uses . Commercial planning areas are adjacent to Encanto Drive, away from existing residential uses. The Planning Area containing the proposed sports park has incorporated buffering through landscaping and lighting will be shielded. The Project is compatible with surrounding land use designations.

Zoning

On December 18, 2019 the City of Menifee adopted a new zoning map that went into effect on January 18, 2020. Pursuant to the new zoning map, the Project site’s zoning designation is SP “Fleming Ranch Specific Plan Zone.” Thus, CZ No. 2017 -188 would change the site’s updated existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone.” The zone change would also include updating Title 9, Article 3 “Zones”, Chapt er

9.155.020 “Adopted Specific Plans”, from “Fleming Ranch (in process)” to “Legado Specific Plan.”

The Specific Plan includes the allowed uses and development standards applicable to property within the Specific Plan. The allowed uses and development s tandards are consistent with those allowed in the latest version of the Economic Development Corridor - McCall Boulevard zone (EDC -MB) for the commercial areas and consistent with the corresponding residential zones of Menifee Municipal Code.

Properties located north of the Project site are designated for “Low Density Residential -1 (LDR- 1)”, Low Density Residential -2 (LDR -2)”, “Commercial Office (CO)”, and “Commercial Retail

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(CR)”. Properties located to the east of the Project site are classified as “Rura l Residential, 5- acre minimum (RR 5)” and “Planned Development District (PDO -1)”. Properties located to the south of the Project site are zoned “Economic Development Corridor -McCall Boulevard (EDC - MB)”, “Public/Quasi -Public Facilities (PF)”, and “Low Medi um Density Residential (LMDR)”.

Properties located to the west of the Project site will be classified as EDC -MB and LDR-2. The proposed Project is compatible with the surrounding zoning.

Surrounding Uses
The Project site is bounded as follows: Rouse Roa d and residential development to the north; Chambers Avenue, residential development, the Hans Christensen Middle School, a mobile home community, a convalescent facility (Life Care Center), commercial retail, and a motel to the south; the future extension of Antelope Road and vacant land (under construction for residential uses) to the east; and Encanto Drive and Interstate 215, beyond which is a residential community, a mobile home community, and a golf course (North Golf Course) to the west. The general plan land use designations and zoning classifications are consistent with the existing uses where they occur.

Specific Plan

The purpose of the SP is to provide the land use framework for the development of an approximate 331-acre site with a mix of res idential, mixed-use, public facility, recreational and open space uses. Specifically, its purpose is to:
 Determine the appropriate location and intensity of development and mix of land uses within the SP area;
 Guide the character of land planning to ensure that high-quality improvements are made to create a safe and inviting community;
 Establish public and private sector implementation measures and responsibilities that adequately address both local and regional needs;
 Define the future location and dimensions of roadways and other access ways;  Identify basic utilities, infrastructure, and public services necessary to support the community;
 Provide vehicular and pedestrian connectivity; and
 Institute planning concepts, design guidelines, utility design, and building techniques that are environmentally responsible.

The main components of the Specific Plan include the Community Development Plan (Chapter 3) which establishes the planning areas and other major development components (circulation, water, sewer, drainage, grading), Development Standards (Chapter 4) which provides specific uses and development standards for each planning area (setbacks, height, etc.) and Design Guidelines (Chapter 5) which discusses architectural and landscape design guidelines fo r the community.

The Community Development Plan (Chapter 3) provides an overview of development and includes state mandated exhibits and discussions on land use, circulation, utilities and drainage for the Project. This chapter also includes a phasing plan for development and grading.

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Chapter 4 Development Standards creates zoning for the Project site; establishing applicable standards and allowable uses for the Commercial, Residential, Recreational and Water Quality land uses/planning areas.

Chapter 5, Design Guidelines, provides the general standards for Commercial, Residential and Recreational site design, architecture, landscaping, streetscape and edge conditions between planning areas, wall and fencing, lighting, and Project monumentation.

Circulation

The Circulation Plan reinforces the concept of traditional neighborhood design and proposes a circulation system comprised of roadways, pedestrian pathways and trails to provide for efficient and effective access to and through the site. The Circulation Plan is designed to provide optimal circulation efficiency and safety for guests and residents. Where feasible, traffic calming measures such as round -abouts, pop -outs, specialty paving treatments, and landscaping methods to slow traffic and increase visibility should implemented.

Five General Plan Roadways are designated adjacent to and within the SP area:
 Encanto Drive - Modified Major Roadway (Freeway Frontage Road),  Sherman Road - Major Roadway,
 Antelope Road - Major Roadway,
 Chambers Avenue - Secondary Roadway, and
 Rouse Road - Secondary Roadway.

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Bus stop locations were coordinated with the Riverside Transit Agency. Bus stops are provided primarily along Sherman Road, with a stop on Rouse Road, closer to Encanto Drive. Bus shelters or cash in lieu for future shelters, will be provided for all bus stops.

Bike lanes and Neighborhood Electric Vehicle ( NEV) lanes are provided consistent with the General Plan and Parks, Trails, Open Space and Recreation Master Plan (PTOSR). Add itional bike lanes, in addition to those required by the General Plan, are also provided to ensure efficient non -motorized access throughout the development. W ithin the SP, the 8 -foot wide lanes allow for bicycles and NEVs to share the same lane. No NEV la nes are provided on Encanto Drive or Chambers Avenue west of Sherman Road where only bike lanes are provided.

The development has also accommodated right -of-way on Rouse Road to allow for the future location of a bikeway/NEV overcrossing that is included in the City’s General Plan.

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The Project includes an extensive sidewalk and trails plan which has been implemented on the Vesting Tentative Tract Map exhibits. Trails have been provided consistent with both the General Plan and the PTOSR Master Plan. The exhibit below shows the location of the trails and sidewalks. The pedestrian network enhances walkability throughout the site and provides an amenity to future residents and the surrounding area.

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Infrastructure Phasing
It is anticipated that the backbone infrastructure within the Legado boundary will be installed in three or more phases.

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Tentative Map Design and Map Phasing
The Specific Plan is proposed to be implemented through the three (3) tentative maps proposed as part of the Project. Tentative Tract Map No. 37391 is for financing purposes only and subdivides the Project site into parcels consistent with the Specific Plan’s Planning Areas.

Tentative Tract Map No. 37408 and No. 37409 (TM37408 and TM37409) create the subdivisions of the Project site into 1,022 residential lots and provide the layout and design for the parks, roadways, parkways and other site amenities, implementing the Specific Plan.

TM37408 is referred to as the West Village and TM37409 is referred to as the East Village. The maps are connected through the “Paseo Legado” which is a roadway with expanded parkway and a linear park that runs east to west through the subdivision. Sherman Road and two other north/south connector roadways through the site have been designe d as curvilinear streets to provide interest and for traffic calming. Additional traffic calming measures are provided within each track and include traffic circles and bulbs at the intersections. Additional details on the design are provided in the discussion below.

Each Tentative Tract Map includes a Phasing Plan. Although each map has a phasing plan, it is anticipated that the phases for each will move forward concurrently, for example, Phase 1 of TR37408 and Phase 1 of TR37409 will proceed at the s ame time consistent with the Specific Plan Infrastructure Phasing Plan above.

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West Village - TR37408/TM 2018-137

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East Village - TR37409/TM 2018-138

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Open Space and Landscaping

The Specific Plan contains locations, development standards and design guidelines for the open space within the Project area. Conceptual landscaping plans have been prepared with the residential tract maps implementing the Specific Plan requirements. These conceptual plans show proposed landscaping for the enhanced park ways and paseos, the Community Park, Neighborhood Parks, Recreation Center and for the basins. The plans also include entry monuments and walls and fencing. Final landscaping and irrigation plans will be required generally prior to building permit issuance and/or final occupancy of the residential lots. For the commercial areas, landscaping plans will be processed with the implementing projects for those areas. The Specific Plan contains landscaping requirements which refer back to the City’s Landscaping Ordinance for Project landscaping and irrigation requirements and also some design guidelines to address Project specific items, such as screening of the basins.

The open space in the Specific Plan Project area primarily includes basins, parks and pase os.

An area in the northeast corner of the project area is designated for conservation due to environmental constraints.

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Recreation/Parks
A major component of the Specific Plan is the Community Park, the Paseo Legado with activity nodes, the Neighbo rhood Parks and a Private Recreation Center. Sidewalks are strategically distributed throughout these areas. As conceptually shown, every home would be located within a 1/4 mile of a trail. The parks required by the Specific Plan have been incorporated i nto the design of the Tentative Tract Maps. The following provides a summary of the recreation aspects of the Project.

Community Park
The 12.9 acre Community Park provides for sports fields, a community center, picnic areas, and a playground to meet the n eeds of the future residents of the SP as well as the surrounding community. Trees have been provided on the southern boundary for screening. Lighting will be shielded and directed away from adjacent uses. The Community Park is conditioned to be completed prior to issuance of the 500 th residential occupancy in the Specific Plan. The community center is conditioned to be constructed prior to issuance of the 750 th residential occupancy in the Specific Plan.

Paseos
The Paseo Legado (shown below) is 65 feet wide on both the north and south sides of the Village Entry street (58 feet excluding right -of-way/parkway). It provides passive and active recreational uses (walking, biking, interactive public art and amenities) as well as a meandering

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eight-foot wide sidewalk. It is the identifiable entry to the West and East Villages and the heart of the Legado community and connects the West and East Villages. The western half of the Paseo Legado (west of Sherman Road) is conditioned to be constructed prior to t he 140 th occupancy of TR37408, and the eastern half of the Paseo Legado (east of Sherman Road) is conditioned to be constructed prior to the 148th occupancy of TR37409.

The width of the north -south paseos that run adjacent to interior roads in each trac t are generally 20 feet wide. These enhance the streetscape, and serve as a buffer between the streets and the residential neighborhoods. The timing for completion of these paseos is tied to adjacent lots and occupancies issued in the map phases.

Neighborhood Parks
The Specific Plan proposes two neighborhood parks. The West Village Neighborhood Park is approximately 1.41 acres. The East Village Neighborhood Park is 2.22 acres. Both are located at the termini of the Paseo Legado.

The West Village Neighborhood park includes a tot lot, picnic area and turf area. The park is conditioned to be completed prior to the 140th occupancy in TM37408.

The East Village Park is envisioned to be educational and relaxing with activities such as native landscape gardens with education al signage about sustainability and space for group exercise such as yoga. The park is conditioned to be completed prior to the 148 th occupancy in TM37409.

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Recreation Center
The Legado community also includes a 1.89 acre Privat e Recreation Center located at the western terminus of the Paseo Legado and adjacent to the West Neighborhood Park in TM37408. A pool and spa, restroom building with showers, and walkways will be provided. A six- foot high view fence will surround the Priva te Recreation Center. The recreation center is conditioned to be completed prior to the 500th building permit in the Specific Plan.

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Basins
The conceptual landscaping plans were designed to ensure screening of the large basins along Encanto Drive and Sherman Road. Multiple rows of trees and shrubs are proposed to be used for screening. The City of Menifee Community Design Element of the General Plan requires that retention/detention basins be visually attractive and well -integrated with the adjace nt uses.

The basin landscape shall not interfere with the performance and functionality of the water quality basins, however trees and shrubbery will be installed around the upper areas of the basins for aesthetics. The landscape on the berms and down slopes around the detention/water quality basin(s) include materials that do not provide food or cover for bird species to be compatible with airport operations. The interior slopes will be landscaped with native grasses along with the floor of the water quali ty portion of the basins. Only the top 2/3 of the interior slope will have permanent irrigation. Adequate landscaping shall be provided to deter erosion along the slopes and create an aesthetically pleasing environment to the greatest extent possible. As p reviously discussed, the floor of the water quality basins will be level and will consist of grasses on an engineered soil media with an average depth of 24 -inches that has a high removal effectiveness for pollutants such as: sediment, trash, metal, bacter ia, oil and grease, organic compounds and pesticides and a medium pollutant removal effectiveness for nutrients. Due to the low infiltration rates, perforated subdrains will be placed beneath the engineered soil media to convey the treated water to the det ention basin area. The floor of the detention areas will consist of compact native soil.

The multiple detention basins within the SP area serve many purposes including: water quality treatment, detaining increased runoff due to the proposed development ( Hydrological Conditions of Concern (HCOC) mitigation), detention of off -site runoff coming to the SP area, mitigating flooding in Encanto Drive, and reducing the peak runoff flow rate to a level that can be conveyed by the existing Caltrans RCB culvert tha t runs under I -215. There is no financially feasible alternative drainage design in regards to the basins. Flows originating from within the SP area (and adjacent tributary area) ultimately drain to the existing Caltrans 10 -foot x 5 -foot reinforced concrete box (RCB) culvert at the western edge of the SP boundary which conveys the existing flows under Encanto Drive and the I -215 Freeway to an existing Riverside County Flood Control and Water Conservation District (RCFC&WCD) maintained concrete trapezoidal channel (Channel G -G) on the opposite side. This trapezoidal channel continues in a southwestern direction, while also accepting additional flows from other drainage areas and ultimately outlets in the regional Salt Creek Channel which then flows to Canyon Lake. The existing Caltrans RCB culvert is not sized to convey additional flows. Alternative designs would need to include increasing the size of the Caltrans RCB culvert, and possibly additional downstream facilities or significant drainage infrastruct ure that would be more appropriately designed as part of a larger area drainage plan.

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See the following exhibits which show the basin locations and a portion of the conceptual landscaping plan demonstrating screening.

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Planning Area 19 (Basin at Encanto)

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Public Art
The Sports Park provides the area and opportunity to locate public art that enhances the character of the community pursuant to the Community Design Element of the General Plan.

The public art could include historical plaques that honor the Historic Route 395. These historical markers could serve as public art pieces that add to the park’s aesthetic and supports the lifelong learning guiding principal.

Public art is also intended to have a presence along the Paseo Legado. Interactive an d visually interesting, these pieces could range from fun touchable sculptures to playable musical instruments.

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Signs –Monuments

Primary
Primary Community Entry Monuments will be used to identify the main community entry points at the intersection o f Sherman Road with Chambers Avenue and Rouse Road. The Primary Community Entry Monuments incorporate several design elements including a stone -veneer sign wall in front of flowering trees, with decorative planter pots. These monuments create a feeling of cohesion and serve as welcoming elements for residents and visitors entering the community.

Secondary
Secondary Community Entry Monuments will be used to identify the minor community entry points adjacent to the Paseos at the intersections of Chambers Avenue and Rouse Road and

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the Village Entry Road. The Secondary Community Entry Monuments incorporate several design elements including a stone-veneer wall in front of flowering trees.

Menifee Gateway
The Specific Plan site has been identified as a po tential location of a Menifee Gateway in the General Plan and is shown on Figure 5.1 Conceptual Landscape and Identity Framework. The proposed Gateway location is in the landscape lot between the commercial area and the detention basin. The Specific Plan allows one City of Menifee Gateway with the option for an electronic message board. This gateway sign is not for a future commercial entity but only allowed if the City elects to construct a Gateway as shown on the General Plan Exhibit CD -1:

Community Gateways below.

Architecture

The Project does not include specific elevations for residential, recreation, or commercial planning areas; however, the Specific Plan includes design guidelines for the implementing projects. The design guidelines generally require four-sided architecture, color variation, wall plane and roofline variation, window treatment, and variation in materials. Architecture for both future commercial and residential projects will be reviewed with implementing projects for consistency with the Specific Plan guidelines and requirements.

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 56

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The architectural styles allowed for residential projects includes:

1. American Colonial

2. American Traditional

3. Craftsman

4. Colonial Monterey

5. Farmhouse

6. Ranch, and

7. Spanish Colonial.

Development Agreement

The applicant has proposed a Development Agreement. The following provisions are included within the Development Agreement as proposed:

The Applicant is requesting the following:
 Freezing the Development Impact Fees (DIF) to the new Comprehensive DIF when adopted for a period of 7 years from the effective date of the Development Agreement. o Following the 7 year frozen period, DIF would be subject to a 50% increase for 3 years (if the City raised the DIF since the original update). o After 10 years from the ef fective date of Development Agreement, DIF fees would be charged at the rate in effect (no freeze or reduction);  Initial Term of 15 years
o 5 year Automatic Extension if 500 homes receive certificate of occupancy in original term
o 2nd 5 year Extension if 750 homes receive certificate of occupancy prior to expiration of 1st extension
o Maximum 25 years unless project subject to Force Majeure Delays (extraordinary/unusual circumstances)
 Park Dedication and Improvement Credits
o Credit towards the park improvement portion of DIF for the improvement costs for their parks
 DIF covers the physical improvements of the park – play equipment, water fountains, picnic benches, landscaping, etc.
o Credit towards the Quimby fees
 Quimby is for park land dedication
 Funding of Park Improvements
o Maximum Developer contribution to Community Park & Community Center = $8 million plus CPI increases
 CPI caps at year 15, with total maximum of $9,194,437 o Maximum Developer contribution to the Neighborhood Parks and Paseos = $3 million
 Does not include a CPI escalator because these parks are anticipated to be constructed sooner and the cost is less likely to increase  DIF Reimbursement and Credits for Improvements
o Park improvements included in the “excess credit” can be reimbursed through:
 Park DIF fees paid by other projects in the vicinity

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 20% of lease revenue generated by the Community Park and Community Center
o Road and Drainage improvements included in the “excess credit” can be reimbursed through appropriate DIF fees paid by other projects in the vicinity (with such reimbursements coming solely from the Development Fees collected by the CITY and otherwise eligible for expenditure of the subject circulation and drainage facilities)

The City is receiving:
 Community Center
 4 acres of park land over the required 16.8
 Excess Contributions towards parks (including cost of Community Center) – Approximately $8,000,000
 Excess Contributions towards area drainage – Approximately $6,591,991  Excess Contributions towards roads – Approximately $8,392,653 o Includes Signals at Sherman and Chambers and Sherman and Rouse that were not required by the Project TIA
 Excess Contribution was determined by the actual cost of the improvements, minus the DIF credit for the facilities as determined by the City’s DIF Nexus Study and possible estimated reimbursements

Further Planning Considerations

Evans Brown Mortuary Chapel
The property on the corner of Rouse Road and Encanto Drive contains an existing mortuary/chapel. This property is “not a part” of the Project. How ever, additional right -of-way will be required adjacent to the use in order to mitigate Project traffic and meet the roadway/intersection standards. Throughout the processing of the Specific Plan, staff has recommended that the property be included in the Specific Plan application, but due to the existing lease agreement with the business on the property, inclusion of the property in the Specific Plan and redevelopment of the site was not feasible. The Specific Plan has accommodated the allowance for parking in Planning Area 19, the basin adjacent to the existing business, to relocate parking from areas on the site where road improvement and right -of-way requirements are anticipated to eliminate parking. Conditions have been placed on the large lot tentative map to require revised site plans for the mortuary site so City staff can review the changes and relocation of parking.

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Life Care Center
Additional right -of-way along Encanto Drive in front of the Life Care Center will be required.

The large lot tentative map (PM37379) was conditioned to require the developer to submit a revised site plan for City review to analyze the relocation of parking or revisions of the parking lot. The Life Care Center submitted a letter in response to the EIR Public Review expressing concerns with impacts of future road improvements to their business. The developer has met with the Life Care Center to discuss modifying their parking lot.

The road improvements and additional right -of-way dedications were also incl uded in the conditions of approval on a tentative parcel map (PM 2017 -339/PM37379) that the Planning Commission approved in December 2019. The conditions for revised site plans and revisions to the sites was included with the tentative parcel map approval as well. The hearing was publicly noticed, but no comments were received.

Parks, Recreation, and Trails Commission

December 6, 2018 Meeting
The Project was presented to the Parks, Recreation, and Trails Commission (PRTC) on December 6, 2018 for a recom mendation on Quimby fees. The PRTC recommended that the City Council approve Quimby credit for the proposed sports park and the wider linear parks along the village entry (Paseo Legado) if additional amenities were added. The PRTC was not recommending credit for the pocket parks or the smaller twenty -foot linear parks/paseos along

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 59

Menifee Mayor and City Council
November 5, 2025
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City of Menifee Staff Report
Legado Specific Plan
June 3, 2020

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the north -south interior tract streets. The PRTC also recommended the development of a community center.

June 6, 2019 Meeting
The Specific Plan open space and recreation pr oposal was modified after the December 6, 2018 meeting. Since that time, the developer added more open space and a community center to the Project. The total park acreage was increased from 19.47 acres to 20.8 acres. The Project was also revised to create a more defined theme for the neighborhood, “Mind, Body, Art and Soul”, which was better reflected in the design of the parks and amenities, such as public art, provided. Overall, the Developer addressed the PRTC comments by adding amenities to the Pase o Legado and increasing the size of the neighborhood parks. The PRTC recommended that the City Council approve Quimby credits based on the current proposal of

20.8 acres of park and open space, including the neighborhood parks which were previously excluded from credit.

Environmental Determination

Notice of Preparation (NOP) and Initial Study:

An initial study was prepared by the City of Menifee to preliminarily identify the environmental issue areas that may be adversely impacted by the Project. Based on the initial study, it was determined that an Environmental Impact Report would be required. The City filed a NOP with the California Governor’s Office of Planning and Research (State Clearinghouse) and the NOP was distributed to various agencies and s urrounding property owners and residents in accordance with CEQA requirements. The NOP review period was from November 14, 2017 to December 14, 2017. A publicly noticed EIR Scoping Meeting was held at the Hans Christensen Middle School on November 30, 2017 and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR. A summary of the NOP comments, received from various agencies, residents and the general public are included in the EIR (Table 1-1 Page 1-8).

EIR Impacts:

Within the EIR that has been prepared for the Legado Specific Plan Project, mitigation measures are provided under the categories of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, G reenhouse Gas, Noise, Transportation and Traffic, Tribal Cultural Resources and Wildfire. The EIR determined that the Project could result in significant and unavoidable impacts under the categories of Air Quality, Greenhouse Gas, and Traffic/Transportation based on the analysis and findings in the Draft Environmental Impact Report ( DEIR), and require adoption of Statement of Overriding Consideration. A brief description of these impacts is as follows:

Air Quality: As described in the Air Quality subchapter, the project would result in significant and unavoidable impacts relating to operational VOCs and NOx emissions. It is important to note that the majority of VOC emissions are derived from consumer products. For analytical purposes, consumer products include cleaning supplies, kitchen aerosols, cosmetics and toiletries. As such, the Project cannot meaningfully control consumer products via mitigation; thus, VOC emissions are considered significant and unavoidable as no feasible mitigation measure exis ts that would reduce this impact to less -than-significant levels.

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 60

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Additionally, a majority of the Project’s NO X emissions are derived from vehicle usage.

Since the Project does not have regulatory authority to control tailpipe emissions, no feasible mitigation measures exist that would reduce NO X emissions to levels that are less than significant. Accordingly, the following impacts associated with Project operations would remain significant and unavoidable: a) the Project’s direct and cumulatively -considerable impact due to a violation of the applicable air quality standards for VOCs and NO X, and b) the Project’s emissions of VOCs and NO X that would contribute to the region’s non - attainment status under both state and federal designations for ozone.

Greenhouse Gases: As described in the subchapter on greenhouse gas (GHG), an individual project such as the proposed Project cannot generate enough GHG emissions to effect a discernible change in global climate. However, the proposed Project may contribute to global climate change by its incremental contribution of greenhouse gasses.

Implementation of the required Design Requirements (CRDRs), regulatory requirements, and Project -specific mitigation measures would reduce the Project’s Service Population Ratio to 8.32 Metric Tons of Carbon Dioxide Equivalent (MTCO 2e) per Service Population, which would exceed the threshold of 3.84 MTCO 2e per Service Population. No other feasible mitigation measures are available to reduce the Project’s impacts to less that significant. Thus, the Project’s cumulatively -considerable impacts due to GHG emissions are found to be significant and unavoidable.

Transportation/Traffic: The Project would result in a number of cumulatively -considerable impacts to transportation facilities that cannot be reduced to less than significant levels. It should be noted that aside from facilities under the jurisdiction of Caltrans, all of the Project’s significant and unavoidable impacts to traffic are due to the fact that it cannot be assured that facilities to be constructed from DIF fees, TUMF fees, and/or Project fair -share payments would be in place at the time of Project occupancy. No other feasible mitigation measures are available to reduce the Project’s impacts to less than significant. Thus, the Project’s impacts due to a conflict with an applicable plan, ordinance, or policy measuring of effectiveness for the performance of the circulation system at the facilities listed in Table S-1 Summary of Significant and Unavoidable Impacts to Transportation Facilities of the EIR, are found to remain significant and unavoidable.

DEIR Public Review:

The City distributed the DEIR for public r eview from January 9, 2020, and ending on February 24, 2020. The City received six (6) comment letters on this project from the following agencies or groups:

1. Arysa Gonzalez Romero, Historic Preservation Technician, Agua Caliente Band of Cahuilla Indians

2. Mitchel M. Tsai, Attorneys for Southwest Regional Council of Carpenters

3. Art Edelson, email

4. Loretta Domenigoni, Park Planner Valley-Wide Recreation and Park District

5. Marcella Allard, Executive Director Life Care Center of Menifee

6. Maven E. Norman, Executive Director Inland Empire Biking Alliance

The City prepared a FEIR that includes all of the comment letters and responses to the

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comments. The FEIR was distributed to the DEIR commenters 10 days prior to the Planning Commission hearing consistent wit h CEQA requirements. The FEIR, and DEIR, including technical appendices can be accessed for review on the City website https://www.cityofmenifee.us/325/Environmental-Notices-Documents.

Statement of Overriding Considerations:

Because the EIR identified unavoidable significant adverse impacts that could not be mitigated, a Statement of Overriding Consideration (SOOC) is required in order to approve the project.

The SOOC is included within the resolution for the EIR for consideration by the City Council.

According to the SOOC the following social, economic, and environmental benefits of the project independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each and every one of these unavoidable adverse environmental impacts:

1. Proposed Circulation/Mobility Improvements . The Project Applicant proposes to implement frontage improvements to Encanto Drive, Antelope Road, Chambers Avenue, and Rouse Road, and would be required to construct Sherman Road through the central portion of the Project site between the existing segments of Sherman Road located north and south of the Project site.

2. Reduced Vehicle Miles Travelled . The Project consists of a proposed mixed -use development that would provide for commercial uses in close proximity to proposed residential uses on site, and Project -serving recreational amenities on site. The Project also accommodates an extensive network of trails and facilities for pedestrians, bicycles, and Neighborhood Electric Vehicles (NEVs). Furthermore, the Project site is located near the McCall Boulevard on - and off -ramps at Interstate 215, providing convenient freeway access to residents. T hese Project design features would serve to reduce the number of Vehicle Miles Travelled (VMTs) that would be generated by development of the site, and would thereby assist the City in reducing greenhouse gas emissions.

3. Economic Development Benefits. Under existing conditions, the 331.0 -acre Project site consists of undeveloped vacant land. Thus, the property generates limited tax revenue to the City under existing conditions. With implementation of the Project, the western

20.1 acres of the Project s ite would be developed with up to 225,000 s.f. of commercial land uses. Development of the proposed commercial uses would generate approximately 358 recurring jobs within the City. Additionally, development of the property would increase the amount of ta x revenue generated by the site. Thus, approval of the Project would represent a substantial benefit to the residents of Menifee and surrounding areas.

4. Expanded Housing Opportunities . As stated in the Housing Element of the Menifee General Plan, Menifee’s Regional Housing Needs Allocation (RHNA) for the 2014 ‐ 2021 planning period has been determined to be 2,495 units for very low ‐ and low -income households and 3,750 units for moderate ‐ and above moderate -income households.

The Project would result in an i ncrease in the number of Moderate - and Above Moderate-Residential dwelling units within the City by 1,061 homes, which would assist

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the City in meeting its state -mandated RHNA obligations to accommodate new housing units.

5. Recreational Amenities. The Proj ect is expected to generate approximately 3,357 new residents (based on the rates identified in City Council Resolution No. 15 -413 for population for parkland demand) within the City. Based on the City of Menifee requirement of 5.0 acres of parkland for e ach 1,000 residents, the Project would generate a demand for approximately 16.8 acres of parkland. However, the Project accommodates a total of 20.8 acres of recreational opportunities on site, which would exceed the City’s parkland requirements by 4.0 ac res. This parkland includes a 12.9 - acre community park with community fields. The Project also would accommodate a proposed community recreation center. The community fields and community center are identified as needed facilities in the Parks, Trails, Open Space, and Recreation Master Plan. Two neighborhood parks and a private recreation center with a pool are included in the Specific Plan and intended to provide recreational activities to all age groups. The overall park design, excess parkland and c ommunity recreation center accommodated by the Project would benefit the residents of Menifee as well as nearby communities.

6. Drainage Improvements. Under existing conditions, a majority of Encanto Drive is not improved with curbs and gutter and instead utilizes graded swales west of the road to convey storm water drainage. This existing condition is inadequate and creates seasonal flooding during large storm events along the segment of Encanto Drive that forms the western Project boundary. The Project includes improvements to address local area drainage issues, including flooding along Encanto Drive. The Project includes curb and gutter improvements to Encanto Drive, Sherman Road, Antelope Road, and Chambers along the Project’s frontage and/or within the Project’s boundaries to further mitigate flooding impacts.

7. Infill Development. The Project is infill development that furthers smart growth principles by avoiding sprawl, connecting the Project to existing infrastructure, and locating compatible uses (i.e., residential, commercial, and recreational uses) in close proximity to one another.

8. Aesthetics and Community Character Enhancement. The Project enhances the aesthetics and character of the surrounding community by incorporating enhanced landscaping, improving streetscapes, and incorporating monument signage and public art.

9. Open Space Conservation. The Project includes the preservation of approximately 6.3 acres in the northeastern portion of the site, which would preserve an existing hillside as permanently-conserved open space which protects environmentally sensitive resources and an area landmark.

10. Trail Network, Parks, Public Art, and Design. The Project creates a residential community which is designed to improve the quality of life of its re sidents and surrounding community through the incorporation of a trail network, sidewalks, paseos, bicycle lanes, parks, public art and design.

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 63

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Community Outreach and Meetings
The applicant has provided a list of Community Outreach, meetings, and educati on that they have participated in since commencing with the Project. The list is included in the attachments to the staff report.

FISCAL IMPACT

The Specific Plan contains a section on “Implementation and Financing”. The developer or builder shall be re sponsible for financing construction of the infrastructure improvements required to support the development, such as perimeter and internal streets, water lines, sewers, and storm drains. The Financing Plan within the Specific Plan discusses possible funding sources including developer funding, Special Assessment District funding and Community Facilities Districts (CFD), Mello -Roos funding, grants and cost sharing agreements with other developers.

In order to ensure timely commencement and sufficient fun ding for maintenance of public facilities and common areas, the Specific Plan will annex into an existing maintenance organization, City -wide CFD, or create an active management organization such as a community-wide maintenance district or a neighborhood homeowners association (HOA).

The Development Agreement includes a provision for freezing the Development Impact Fees (DIF) for the project for generally, a period of 7 years. As stated above, the developer would pay 50% of DIF increases between years 7 -10 and would pay DIF fees in full after 10 years.

The DIF fee freeze begins at the Effective Date of the Development Agreement, so it also serves as an incentive to move forward with the project and home building sooner, which in turn would result in park construction earlier in project implementation since the park construction is tied to residential occupancies.

Although the DIF fee freeze could result in the City getting less DIF funds over the 10 year period, the public benefits of the project, such as the excess funding contributions towards parks, roads, signals and drainage improvements, exceeds the amounts the City would anticipate from any DIF fee increases.

The Development Agreement also establishes a maximum developer contribution for the cost of the parks, including the community center. If the park construction costs increase, the park facilities may need to be scaled back to be consistent with the maximum developer contributions, or if the City wants to keep amenities or add to the size of the community center (for example), the City would need to provide funding. City staff analyzed the maximum developer contributions towards parks, preliminary cost estimates and included a CPI (consumer price index) increase and believes that the contribu tions from the developer would be sufficient to construct the parks as shown in the conceptual plans. To clarify, that if park construction cost exceeds the developer contribution, the sizes or acreage of the parks would not be reduced, but amenities within the parks may be reduced.

ATTACHMENTS

11.2 Packet Pg. 508
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 64

Menifee Mayor and City Council
November 5, 2025
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LEGADO

DEVELOPMENT AGREEMENT
This Development Agreement ( hereinafte r " Agreement") isentered into on {* / rOrO, by and between the CITY OF MENIFEE ( hereinafter " CITY'), a municipal corporation of the State of California, and BLC FLEMING LLC, a Delaware limited liability company ( hereinafter,, DEVELOPER").

RECITALS
A. DEVELOPER owns all of the real property described on Exhibit A and depicted on Exhibit B, consisting of approximately 331 acres of land area located in the City of Menifee, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit A (" Property").

B. The Planning and Zoning approvals for the Project on the Property obtained prior to the Effective Date of this Agreement ( collectively, the" Development Approvals") include but are not limited to the following:
i. Legado Specific Plan ( No. 2017- 187) (" Specific Plan"). Establishes a specific land use plan, designation of planning areas, development standards, architectural design guidelines and landscape design guidelines for development of a maximum of 1, 061 dwelling units and up to 225, 000 square feet of freeway- oriented commercial uses, with twenty- two ( 22) Planning Areas, 12. 9 acres of community park, 7. 9 acres of linear and pocket parks, and additional features and amenities on the Property, adopted by the City Council of the City of Menifee (" City Council") on dr$ t n, ? OfDand provides the required contents of a Development Plan in compliance with Government Code section65865. 2. ii. Change of Zone ( No. 2017- 188). Changes the zoning classification on the Property from " Fleming Ranch Specific Plan Zone" to " Legado Specific Item Title: 11.2
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EXHIBIT A
Legal Description of the Property
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EXHIBIT C
Development Plan
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Exhibit C
Development Plan
The Development Plan under the Agreement is the plan for the Development1 of the Property, as set forth in and regulated by the Development Approvals, planning and zoning standards, regulations, applicable conditions of approval, and criteria for the Development of the Property, all as contained in the following:
2 1. The Menifee General Plan

2. Legado Specific Plan ( No. 2017- 187), which establishes a specific land use plan, designation of planning areas, development standards, architectural design guidelines and landscape design guidelines for development of a maximum of 1, 061 dwelling units and up to 225, 000 square feet of freeway- oriented commercial uses, with twenty- two ( 22) Planning Areas, 12. 9 acres of community park, 7. 9 acres of linear and pocket parks, and additional features and amenities on the Property

3. Title 9, Planning and Zoning, of the Menifee Municipal Code, as amended by Change of Zone No. 2017- 188, which changes the zoning classification on the Property from “ Fleming Ranch Specific Plan Zone” to “ Legado Specific Plan Zone” to reflect the adopted Legado Specific Plan.

4. Menifee Municipal Code Chapter 8. 26, Grading Regulations

5. Title 7, Subdivisions, of the Menifee Municipal Code

6. The Design Guidelines of the City of Menifee, adopted by the Menifee City Council on April 15, 2020.

7. Tentative Tract Map No. 37408, which proposes a subdivision of approximately 149. 6 gross acres into 475 single- family residential lots and __ lots for open space, park, landscape, monumentation, drainage, and storm drain purposes with single- family residential lots with minimum lot sizes ( depending on Specific Plan Planning Area) of between 5, 000 square feet and 7, 000 square feet.

8. Tentative Tract Map No. 37409, which proposes a subdivision of approximately 159. 1 gross acres into 547 single- family residential lots and __ lots for park, landscape, monumentation, drainage, and storm drain purposes, with single- family 1 All capitalized terms used in this Exhibit C shall have the meaning assigned to those terms in the Legado Development Agreement, to which this Exhibit C is attached. 2 Under Section 3. 2 of the Agreement, except as otherwise provided in the Agreement, those portions of the items listed on Exhibit C that govern permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property, shall govern the Development of the Property.

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residential lots with minimum lot sizes ( depending on Specific Plan Planning Area) of 5, 000 square feet and 7, 000 square feet.

9. Tentative Tract Map No. 37391. Proposes a large- lot subdivision of the Property’ s approximately 331. 01 gross acres into twenty- six ( 26) parcels for park, commercial, roadway, and financing purposes, including one 12. 9 acre community park.

10. The Mitigation Measures identified in Exhibit D.

11. All other ordinances, resolutions, codes, rules, regulations, CITY adopted plans including, but not limited to, trail plans and park master plans) and official policies of CITY adopted and effective on or before the Effective Date governing Development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property.

12. Variances, conditional use permits, master plans, public use permits, and plot plans that constitute Subsequent Development Approvals.

COMPLETE COPIES OF THE DEVELOPMENT PLAN ARE ON FILE
WITH THE CITY CLERK.

Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 111

Menifee Mayor and City Council
November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 112

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 113

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 114

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 115

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 116

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 117

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 118

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 119

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 120

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 121

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 122

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 123

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 124

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 125

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 126

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 127

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 128

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 129

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 130

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 131

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 132

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 133

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 134

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 135

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 136

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 137

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 138

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 139

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 140

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 141

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 142

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 143

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 144

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 145

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 146

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 147

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 148

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 149

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 150

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 151

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 152

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 153

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 154

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 155

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 156

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 157

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 158

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 159

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 160

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 161

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 162

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 163

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 164

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 165

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 166

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 167

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 168

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 169

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 170

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 171

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 172

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 173

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 174

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 175

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 176

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 177

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 178

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 179

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 180

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 181

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 182

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 183

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 184

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 185

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 186

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 187

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 188

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 189

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 190

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 191

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 192

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 193

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 194

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 195

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 196

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 197

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 198

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 199

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 200

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 201

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 202

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 203

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 204

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 205

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 206

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 207

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 208

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 209

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 210

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 211

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 212

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 213

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 214

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 215

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November 5, 2025
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 216

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 217

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 218

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 219

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 220

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First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 221

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 222

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 223

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 224

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LEGADO - VTTM 37408 & 37409
Circulation Facilities - Calculation of Developer ExcessContributions in Development Agreement Segment/ Intersection From : To Project Cost 1,6 Subtotal Project Cost A - Total Project Cost
B - Percent
Allocated to
DIF 1
C - Circulation
DIF Allocation
A x B)
D - Project
Residential
Circulation DIF
Credit 4
E - Other Project
Residential
Circulation DIF
Reimbursed (C - D)7
F - Other Project
Nonresidential
DIFReimbursed 5
G - Developer Excess
Contributions

A - D - E - F)
Encanto Drive 2
Hotel to RouseRd. $ 1,305,500
RouseRoad Encanto Dr. to Myles Ct.$ 549,275
RouseRoad Myles Ct. to Dawson Rd.$ 1,955,000
RouseRoad Dawson Rd. to Antelope Rd.$ 1,731,375
Antelope Road 3
Chambers Ave. to RouseRd. $ 1,306,300
Chambers Avenue Encanto Dr. to School $ 1,715,625
Chambers Avenue Schoolto Sherman Rd.$ 549,875
Chambers Avenue Sherman Rd. to Chatham Ln.$ 1,249,700
Chambers Avenue Chatham Ln. to Antelope Rd.$ 726,750
Sherman Road Chambers Ave. to RouseRd.$ 3,196,750
Encanto Dr./ RouseRd. N/A $ 350,000
Encanto Dr./ Chambers Ave. N/A $ 350,000
Sherman Rd./RouseRd. N/A $ 350,000
Sherman Rd./Chambers Ave. N/A $ 350,000
Reimbursable Circulation Facilities Project Total (D + E + F) Notes:

1. From City of Menifee Development Impact Fee Study Update (DIFSU)Table 5.3: Traffic Project List & Table 5.4: Traffic SignalProject List

2. Basedon 45% of construction cost due to shorter segment length than what is included in DIFSUTable 5.3.

3. Basedon 26% of construction cost due to half width construction and shorter segment length than what is included in DIFSUTable 5.3.

4. Basedon DIFSUCirculation Facilities Impact Fee of $4,670 per SingleFamily Dwelling x 1,022 Units, Nonresidential Feeswere not included. Actual credit will be determined by then applicable fees and total number of project dwelling units

5. Basedon DIFSUCirculation Facilities Impact Fee of $7,736 per 1,000sf x 225,000sf. Actual reimbursement will equal non-residential specific plan area fees collected by City during reimbursement period.

6. Developer shall bear any costs of improvements in excessof the amounts shown in this exhibit.

7. Total reimbursement will be capped by the difference between then applicable Circulation DIFAllocation and actual credit provided under D. Reimbursement will be funded by fees collected city-wide during reimbursement period.

8. Unless specifically defined in the Project’s Conditions of Approval, construction of the following facilities shall be completed as follows:

Traffic Signalsat Sherman/Chambers and Sherman/Rouse – completed as part of Development Phase2 as defined in the approved Traffic Impact Analysis Offsite Encanto Improvement from Hotel to south of PA18 – completed as part of Infrastructure Phase3, as defined and illustrated in Figure 3-15 of the Legado Specific Plan 7,293,497
Exhibit F-1
8,392,653$780,157 $ 1,740,600
14,286,150
1,400,000
4,772,740$15,686,150 35.40%$ 5,552,897
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 226

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November 5, 2025
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LEGADO - VTTM 37408 & 37409
Storm Drain Facilities - Calculation of Developer ExcessContributions in Development Agreement Drainage Facility A - Project Cost 1,7 B - Percentage of Public Benefit 2
C - Public Benefit
Project Cost (A x B)
D - Total Public
Benefit Cost
E - Drainage
Facilities DIF
Allocation 3
F - Project
Residential
Drainage DIF
Credit 4
G - Other Project
Drainage DIF
Reimbursed -
Residential5
H - Other Project
Drainage DIF
Reimbursed -
Nonresidential 6
I - Developer Excess
Contributions

D - F - G - H)
PA-19 Drainage Basin $ 4,944,150 55%$ 2,719,283
RouseRoadDiversion $ 403,793 75%$ 302,845
EastChambers Ave. Storm Drain $ 1,219,095 75%$ 914,321
PA-21 Drainage Basin $ 1,822,425 55%$ 1,002,334
RanchoLaVita Diversion $ 240,375 75%$ 180,281
West Chambers Ave. Storm Drain $ 2,251,500 60%$ 1,350,900 Encanto Dr. Storm Drain $ 3,367,350 85%$ 2,862,248
Reimbursable Storm Drain Facilities Project Total (F + G + H) Notes:

1. From K&A Cost Estimates dated Jan. 23, 2020

2. From City of Menifee e-mail on Jan. 28, 2020

3. From City of Menifee Development Impact FeeStudy Update (DIFSU)Table 6.3: Total Cost of Facilities to ServeNew Development - Encanto Drive Benefit Area

4. Basedon DIFSUStorm Drain Facilities Impact Feefor Encanto Drive Benefit Area of $1,036 per SingleFamily Dwelling x 1,022 Units, Commercial Feeswere not included

5. Basedon DIFSUTable 6.2: Storm Drain Facilities Equivalent Dwelling Units - Encanto Drive Benefit Area Residential Growth EDU Residential Projected Growth = 1,309 EDU
LegadoResidential = 1,022 EDU
Residential Remaining = 287 EDUx $1,036/ EDU = $297,332

6. Basedon DIFSUTable 6.2: Storm Drain Facilities Equivalent Dwelling Units - Encanto Drive Benefit Area NonResidential Growth EDU Nonresidential Projected Growth = 1,336 EDUx $1,036/ EDU = $1,384,096

7. Developer shall bear any costs of improvements in excessof the amounts shown in this exhibit.

8. Unless specifically defined in the Project’s Conditions of Approval, construction of the following facilities shall be completed as follows:

RouseRoadDiversion – completed as part of Infrastructure Phase1, as defined and illustrated in Figure 3-15 of the LegadoSpecific Plan RanchoLaVita Diversion – completed as part of Infrastructure Phase2, as defined and illustrated in Figure 3-15 of the LegadoSpecific Plan Storm Drain diversion facilities along Chambers and Encanto Drive – completed as part of Infrastructure Phases2 and 3 as illustrated in Figure 3-15 of the LegadoSpecific Plan Exhibit F-2
2,740,220
1,058,792$9,332,211 $ 2,686,337 $ 6,591,991$297,332 $ 1,384,096 Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 227

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LEGADO - VTTM 37408 & 37409
Park Facilities - Calculation of Developer ExcessContributions in Development Agreement Park Facility B - Percentage of
Public Benefit
C - Public Benefit
Project Cost (A x B)
D - Total Public
Benefit Cost
E - Park
Improvements DIF
Allocation 2
F - Park DIF
Credit 3,6,7
G - Park DIF & Lease
Revenue Reimbursed
D - F - H)4
H - Developer Excess
Contributions8
Tr. 37408 Neighborhood Park $ 700,000 100%$ 700,000
Tr. 37408 Community Park $ 5,000,000 1 100%$ 5,000,000
Tr. 37408 Community Center $ 3,000,000 1 100% $ 3,000,000 Tr. 37408 & 37409 PaseoLegado $ 1,500,000 100%$ 1,500,000 Tr. 37409 Neighborhood Park $ 800,000 100%$ 800,000
Reimbursable Park Facilities Project Total (F + G)
Notes:

1. Basedon negotiated costs with City subject to CPIfor Tr. 37408 Community Park and Tr. 37408 Community Center per Exhibit F-4

2. Basedon discussionswith City the DIFAllocation is not applicable

3. Basedon Park and Recreation Facilities Impact Feefor Park Improvements of $661 per SingleFamily Dwelling x 1,022 Units

4. Reimbursement calculated assuming $100,193 for lease revenue in addition to $661 per SingleFamily Dwelling x 3,365 Units. Thesefigures are hypothetical only. Actual lease revenue and development impact fees may vary.

Reimbursement will be funded by park fees collected from areas to be designated by the Parties in the reimbursement agreement and by Community Park & Community Center lease revenue collected during reimbursement period.

5. Project Costsare inclusive of a 15% contingency and reflect not- to- exceed values as described in Section 6.2 of the Development Agreement

6. Quimby Feesatisfied by Developer donation of land to City for future park improvements

7. DIFCredit shall be determined separately for each park facility project

8. Subject to CPIper Exhibit F-4
8,000,000$2,324,458
Exhibit F-3
A - Project Cost 5
3,000,000
675,542$11,000,000 N/ A
Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 228

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LEGADO - VTTM37408 & 37409
ParkFacilities - ConsumerPriceIndex (CPI) Increase
Maximum Costfor Neighborhood Parks & Paseos: 3,000,000$ Developer ExcessContribution to Exhibit F-3 Facilities: 8,000,000$ Annual CPIAfter Year3 - Not to Exceed1.5% or lessthan 0% 120,000$ CPI Maximum Costfor Community Park & Community Center: 8,000,000$ 8,120,000$ Year 4 Max Annual CPIAfter Year3 - Not to Exceed1.5% or lessthan 0% 120,000$ CPI 121,800$ CPI 8,120,000$ Year 4 Max 8,241,800$ Year 5 Max
121,800$ CPI 123,627$ CPI
8,241,800$ Year 5 Max 8,365,427$ Year 6 Max
123,627$ CPI 125,481$ CPI
8,365,427$ Year 6 Max 8,490,908$ Year 7 Max
125,481$ CPI Year7 and beyond - reduce CPINot to Exceed1% or lessthan 0% 84,909$ CPI 8,490,908$ Year 7 Max 8,575,817$ Year 8 Max
Year7 and beyond - reduce CPINot to Exceed1% or lessthan 0% 84,909$ CPI 85,758$ CPI 8,575,817$ Year 8 Max 8,661,576$ Year 9 Max
85,758$ CPI 86,616$ CPI
8,661,576$ Year 9 Max 8,748,191$ Year 10 Max
86,616$ CPI 87,482$ CPI
8,748,191$ Year 10 Max 8,835,673$ Year 11 Max
87,482$ CPI 88,357$ CPI
8,835,673$ Year 11 Max 8,924,030$ Year 12 Max
88,357$ CPI 89,240$ CPI
8,924,030$ Year 12 Max 9,013,270$ Year 13 Max
89,240$ CPI 90,133$ CPI
9,013,270$ Year 13 Max 9,103,403$ Year 14 Max
90,133$ CPI 91,034$ CPI
9,103,403$ Year 14 Max CAPof CPI - Year15 9,194,437$ Year 15 Max 91,034$ CPI
CAPof CPI - Year15 9,194,437$ Year 15 Max
Exhibit F-4
Project Cost Developer ExcessContribution to Exhibit F-3 Facilities Exhibit F-3 ColumnA) ( Exhibit F-3 ColumnH)
Item Title: 11.2
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EXHIBIT G
Assumption Agreement
Item Title: 11.2
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RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Attorney
Space Above This Line For Recorder’ s Use)
PARTIAL] ASSIGNMENT AND ASSUMPTION

OF DEVELOPMENT AGREEMENT
This [ PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (“[ Partial] Assignment”) is entered into as of _________________, 20__ ( the Effective Date”), by and between _____________________________________ (“ Assignor”), and ___________________________ (“ Assignee”).

RECITALS
A. BLC Fleming LLC, a Delaware limited liability company (“ Original Developer” [ or “ Assignor”]), and the City of Menifee, a municipal corporation (“ City”) entered into that certain “ Legado Development Agreement”, dated _____________, and recorded on as Document No. ___________________ of Official Records, Riverside County ( the “ Development Agreement” or the “ DA”), pursuant to which Original Developer agreed to develop certain property more particularly described in the Development Agreement subject to certain conditions and obligations set forth in the Development Agreement.

B. Assignor is [ the owner of or Original Developer’ s successor- in- interest to] the property more particularly described on Exhibit A attached hereto ( the “ Assignor Land”), which is [ all or a portion] of the property subject to the Development Agreement] C. Assignee is purchasing [ all or a portion] of the Assignor Land, as more particularly described on Exhibit B attached here to ( the “ Property”), from Assignor, in accordance with the terms of that certain [ Purchase and Sale Agreement Description] ( the “ Purchase Agreement”).

D. Pursuant to the terms of the Purchase Agreement, Assignor agreed to assign and Assignee agreed to assume certain rights, interests and obligations and other terms and conditions under the Development Agreement, as such right, interests and obligations relate to the Property.

E. The purpose of this [ Partial] Assignment is to set forth the terms and provisions agreed upon between Assignor and Assignee with respect to the assignment of certain rights and interests and the delegation of certain duties and obligations of Assignor under the Development Agreement, as such rights, interests, duties and obligations relate to the Property.

Item Title: 11.2
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AGREEMENT
NOW, THEREFORE, Assignor and Assignee agree as follows:

1. Assignment. Assignor hereby assigns, conveys and transfers to Assignee all rights and interests of Assignor, as the “ Developer”, under the Development Agreement to the extent such rights and interests relate to the Property, and Assignee hereby accepts such assignment.

Notwithstanding the foregoing, Assignor shall retain ( i) any and all rights under the Development Agreement necessary to perform the Retained Obligations, defined below; and ii) those specific retained rights set forth on Exhibit C attached hereto ( the “ Retained Rights”).]

2. Assumption of Obligations. [ Except with respect to those specific retained burdens and obligations of Assignor set forth on Exhibit C attached hereto ( the “ Retained Obligations”),] Assignee hereby assumes all of Assignor’ s duties and obligations under the Development Agreement accruing after the date hereof, to the extent such obligations relate to the Property, regardless of whether the obligations originate in the Development Agreement itself or documents executed in connection therewith as a means to effectuate the intent of those provisions, including, without limitation: ( a) any indemnity obligations, to the extent applicable to the Property or to Assignee by reason of its ownership of the Property, ( b) any obligation to follow and be bound by all applicable rules, regulations and policies, ( c) any obligation to pay any fees, assessments or exactions as may be imposed by the Development Agreement, and ( d) any obligations arising under the Development Agreement by reason of a default of Assignee under the Development Agreement ( with respect to any obligations assumed by Assignee hereunder). Assignee agrees to provide City commercially reasonable assurances of its performance of its obligations under the Development Agreement.

Notwithstanding anything to the contrary in this Partial Assignment, Assignee acknowledges that the Development Agreement runs with the land, therefore nothing in this Partial Assignment shall be construed to excuse Assignee from general compliance with the Development Agreement’ s prohibitions, default and cure provisions, and other standard provisions to the extent applicable to the Property.]

3. Development Agreement Transfer Provision. Assignor and Assignee understand and agree that this Agreement is required to comply with Section 2. 2 of the Development Agreement.

4. Indemnity. Assignee agrees to indemnify, defend and hold harmless Assignor, its affiliated entities and persons, and their respective members, managers, partners, officers, directors, shareholders, employees and agents from any claims, demands, losses, liability, damages, causes of action, costs or expenses ( including reasonable attorneys’ fees) made against or suffered by Assignor with regard to any failure by Assignee to perform any term or condition of the Development Agreement, to the extent such term or condition relates to the Property, from and after the date hereof, and Assignor shall indemnify, defend and hold harmless Assignee, its affiliated entities and persons, and their respective members, managers, partners, officers, directors, shareholders, employees and agents from any claims, demands, losses, liability, damages, causes of action, costs or expenses ( including reasonable attorneys’ fees) made against Item Title: 11.2
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or suffered by Assignee with regard to any failure by Assignor to perform any term or condition of the Development Agreement, as it relates to the Property, before the date hereof.

5. Miscellaneous.

5. 1. Interpretation; Governing Law. This [ Partial] Assignment shall be construed according to its fair meaning and as prepared by both parties hereto. This Partial] Assignment shall be construed in accordance with and governed by the laws of the State of California.

5. 2. Attorneys’ and Other Fees. In the event of any dispute between the parties hereto or institution of any action or proceeding to interpret or enforce the provisions of this [ Partial] Assignment, or arising out of the subject matter of this [ Partial] Assignment or the transaction contemplated hereby, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses incurred, including court costs and reasonable attorney’ s fees and expert witness fees.

5. 3. Authority. Each of the parties hereto represents and warrants to the other that the person or persons executing this [ Partial] Assignment on behalf of such party is or are authorized to execute and deliver this [ Partial] Assignment and that this [ Partial] Assignment shall be binding upon such party.

5. 4. Further Assurances. Assignor and Assignee each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably request to consummate, evidence, confirm or more fully implement the agreements of the parties as contained herein.

5. 5. Execution in Counterparts. This [ Partial] Assignment may be executed in several counterparts, and all originals so executed shall constitute one agreement between the parties hereto.

5. 6. Conflict. Nothing in this [ Partial] Assignment is intended to modify or amend the respective obligations of Assignor and Assignee under the Purchase Agreement between Assignor and Assignee which gave rise to this [ Partial] Assignment and, in the event of any conflict between this [ Partial] Assignment and the Purchase Agreement, as between Assignor and Assignee the provisions of the Purchase Agreement shall supersede and control over this Partial Assignment.

5. 7. Recordation. The parties hereby authorize this [ Partial] Assignment to be recorded in the records of Riverside County upon the date hereof.

5. 8. Successors and Assigns. This [ Partial] Assignment shall be binding upon and inure to the benefit of the respective successors, assigns, personal representatives, heirs and legatees of Assignor and Assignee.

5. 9. Notice. All notices to Assignee under the Development Agreement should be addressed as follows:

Item Title: 11.2
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Attn: _____________________
With a copy to:

Attn: _____________________
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item Title: 11.2
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IN WITNESS WHEREOF, the parties hereto have executed this [ Partial] Assignment as of the date set forth below its name below.

ASSIGNOR”
a _____________________
By: ___________________________________
Date: ___________________________________
By: ___________________________________
Date: ___________________________________
ASSIGNEE”
a _____________________
By: ___________________________________
Date: ___________________________________
By: ___________________________________
Date: ___________________________________
Item Title: 11.2
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A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

STATE OF CALIFORNIA )
ss:

COUNTY OF ) On ____________, 20__ before me, _____________________________________________ insert name and title of the officer),
personally appeared , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________
Seal]
Item Title: 11.2
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A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

STATE OF CALIFORNIA )
ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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EXHIBIT “ A”
TO [ PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION OF THE ASSIGNOR LAND
TO BE INSERTED]
Item Title: 11.2
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EXHIBIT “ B”
TO [ PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION OF THE PROPERTY
TO BE INSERTED]
Item Title: 11.2
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EXHIBIT “ C”
TO [ PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT

RETAINED RIGHTS AND OBLIGATIONS
TO BE INSERTED]
Item Title: 11.2
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EXHIBIT H
Off Site Improvements and Fair Share Fees
Item Title: 11.2
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 242

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Item Title: 11.2
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Item Title: 11.2
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Item Title: 11.2
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Item Title: 11.2
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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 247

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Item Title: 11.2
First Reading and Introduction of an Ordinance Approving Amendment No. 1 to the Legado Specific Plan Development Agreement Item Page Number: 248

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CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Adopting by Reference the 2025 California Fire Code, 2025 California Wildland-Urban Interface Code, and Local Amendments
MEETING DATE: November 5, 2025
TO: Mayor and City Council
PREPARED BY: Jennifer Jackson, Senior Management Analyst REVIEWED BY: Sonya Bu, Fire Marshal
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance repealing and replacing Chapter 8.20 of the Menifee Municipal Code (MMC) and adopting by reference the 2025 California Fire Code and adding Chapter 8.21 to the MMC and adopting by reference the 2025 California Wildland-Urban Interface Code, including the Model Codes with appendices and amendments related thereto, all of which comprise the Fire and Wildland-Urban Interface Code of the City of Menifee; and

2. Set a public hearing date for November 19, 2025, for the second reading and adoption.

DISCUSSION
On July 1, 2025, the State of California released the updated 2025 California Fire Code. The 2025 edition of the code incorporates the updated standards from the 2024 edition of the International Fire Code into the existing model code text. The code was prepared with amendments intended to further improve fire prevention and public health and safety standards, especially following an increase in wildfire activity statewide.

New and in addition to the California Fire Code update, the State also published the California Wildland-Urban Interface Code (CWUIC). The CWUIC was created as a consolidated code manual that combines existing standards from Chapter 7A of the California Building Code, Section R337 of the California Residential Code, and Chapter 49 of the California Fire Code into the code format utilized by the International Code Council. The consolidation of the codes was intended to create a single, clear standard for protecting communities from wildfires.

The State of California regularly updates its Building Standards Codes, which include the California Fire Code and now the CWUIC, to incorporate updated safety standards. The 2025 Item Title: 12.1
First

Reading

and

Introduction

Ordinance

Adopting

Reference

the

2025

California

Fire

Code,

2025

California

Wildland-
Urban Interface Code, and Local Amendments
Item Page Number: 1

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City of Menifee Staff Report
2025 California Fire Code Ordinance
November 5, 2025

Page 2 of 3 ends

Menifee City CouncilNovember 5, 2025

Menifee City Council
November 5, 2025