4870-5138-7646v2/022007-0434
FIRST AMENDMENT TO
JOINT COMMUNITY FACILITIES AGREEMENT
RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO)
OF THE CITY OF MENIFEE
THIS FIRST AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO) OF THE CITY OF MENIFEE (the “First Amendment”) is made and entered into by and among CITY OF MENIFEE (the “City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2022- 3 (LEGADO) OF THE CITY OF MENIFEE (the “Community Facilities District” or “CFD”), EASTERN MUNICIPAL WATER DISTRICT (“EMWD”) and BLC FLEMING, LLC, a Delaware limited liability company (“Property Ow ner”), each individually a “Party” and collectively the “Parties.”
WHEREAS, the City originally established the CFD and designated Improvement Area No. 1 (“IA No. 1”) and Improvement Area No. 2 therein (“Original IA No. 2”) pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, in conjunction with the formation of the CFD, the City, on behalf of itself and the CFD, EMWD and the Property Owner entered into a Joint Community Facilities Agreement Relating to Community Facilities District No. 2022-3 (Legado) of the City of Menifee dated September 21, 2022 (the “Original JCFA”) providing for, among other things, the payment of the construction and/or acquisition of certain improvements to be owned, operated or maintained by EMWD with the special taxes and proceeds of bonds of IA No. 1 and Original IA No. 2; and WHEREAS, subsequent to the formation of the District, the Property Owner sold all of the land in IA No. 1 to Lennar Homes of California, LLC (“Lennar”) and in connection therewith entered into a Partial Assignment and Assumption Agreement dated as of March 8, 202 4 by and between the Property Owner and Lennar pursuant to which the Property Owner assigned to, and Lennar assumed all rights and obligations under, the Original JCFA with respect to IA No. 1 only. The Property Owner retained all rights, duties and obligations under the Original JCFA relating to Original IA No. 2 and the proceeds of special taxes and bonds of Original IA No. 2; and WHEREAS, at the request of the Property Owner, the City has completed proceedings to modify the CFD by replacing the Original IA No. 2 with a new Improvement Area No. 2 (“New IA No. 2”) and a new Improvement Area No. 3 (“IA No. 3”), which together encompass the a rea of land within Original IA No. 2; and
WHEREAS, the purpose of this First Amendment is to amend the Original JCFA solely as it relates to IA No. 2 so as to now apply to New IA No. 2 and IA No. 3.
NOW, THEREFORE, it is mutually agreed between the respective Parties as follows:
1. Definitions. Except as modified below, all capitalized terms used in this First Amendment and not otherwise defined shall have the meaning ascribed to them in the Original JCFA.
2. Amendment. All references to “Improvement Area No. 2” in the Original JCFA shall mean each of New IA No. 2 and IA No. 3. Nothing in this First Amendment shall modify or otherwise affect the rights, duties and obligations of Lennar with respect to the Original JCFA and IA No. 1. 2 4870-5138-7646v2/022007-0434
3. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written below.
DATED: __________________, 2026
EASTERN MUNICIPAL WATER DISTRICT
By:
Joe Mouawad, P.E., General Manager
ATTEST:
By:
Sheila Zelaya, Board Secretary
BLC FLEMING, LLC,
A Delaware limited liability company
By:
By:
3 4870-5138-7646v2/022007-0434
CITY OF MENIFEE, a political subdivision of
the State of California
By:
Armando G. Villa, City Manager
ATTEST:
By:
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY FOR THE CITY OF
MENIFEE
By:
Jeffrey T. Melching, City Attorney