RESOLUTION NO. 25-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING AN
AMENDMENT TO THE ACQUISITION, CONSTRUCTION AND FUNDING
AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-3, LEGADO, OF
THE CITY OF MENIFEE
WHEREAS, the City of Menifee (the “City”), BLC Fleming, LLC, a Delaware limited liability company and Lennar Homes of California, LLC, a California limited liability company (as partial assignee thereunder with respect to Improvement Area No. 1 of the District (as defined below)), are parties to the Acquisition, Construction and Funding Agreement, dated as of September 22, 2022 (the “Acquisition Agreement”), relating to Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District”); and
WHEREAS, Lennar and the City desire to amend the Acquisition Agreement as it relates to Improvement Area No. 1 pursuant to a First Amendment to Acquisition, Construction and Funding Agreement in the form presented at this meeting (the “First Amendment”); and WHEREAS, the effectiveness of this Agreement is expressly contingent upon the City Council’s approval of Amendment No. 1 to the Development Agreement for the Legado Specific Plan Project, and in the event such amendment is not approved, this Agreement shall be deemed null and void and of no further force or effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee does hereby determine and order as follows:
Section 1.Each of the above recitals is true and correct.
Section 2.The First Amendment on file with the City Clerk is approved as to form, and each of the City Manager, the Assistant City Manager, and their written designees, is authorized to execute the First Amendment in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.
Section 3.This Resolution shall be effective upon its adoption. 2 5
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PASSED, APPROVED AND ADOPTED this the 5th day of November, 2025. ___________________________
Bob Karwin, Mayor Pro Tem
Attest:
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Stephanie Roseen, City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney