RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
29844 Haun Road
Menifee, California 92586
Attention: City Clerk
EXEMPT FROM FILINg FEES
GOVERNMENT CODE § 6103
(Space above for Recorder's Use)
AGREEMENT REGARDING ANNEXATION INTO A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH THE LAND FOR
TENTATIVE TRACT MAP (TTM) NO. 38994
between
THE CITY OF MENIFEE, a California municipal corporation as City
and
MINOR RANCH LLC,
a Delaware Limited Liability Company
as Developer
AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR TTM NO. 38994
Parties and Date.
This Agreement Regarding Annexation into a Community Facilities District and Covenants Running with the Land for TTM No. 38994 (hereinafter referred to as the "Agreement) is entered _ 2026, by and between the City of Menifee, a California municipal corporation (hereinafter referred to as the "City"), and Minor Ranch LLC, a Delaware Limited Liability Company, with its principal place of business at 3200 Park Center Drive, Suite 1000, Costa Mesa, California 92626 (hereinafter referred to as "Developer").
Recitals.
2.1 Developer has submitted to the City for its approval, Tentative Tract Map No. 38994, a proposed development for a 448-lot subdivision on a 236.7 acre property, with all of such parcels located in the City of Menifee, County of Riverside, State of California (hereinafter collectively referred to as the "Property"). The Property is more specifically described in Exhibit "A" and depicted in Exhibit "B", both of which exhibits are attached hereto and incorporated herein by this reference.
2.2 On February 1, 2024, the City of Menifee City Council approved the Menifee Valley Specific Plan (MVSP). Tentative Tract Map No. 38994 (hereinafter referred to as the "TTM") implements Planning Areas 1 and 2 of the MVSP. Based on the TTM's consistency with the MVSP, the TTM was administratively approved on July 29, 2025 subject to satisfactory completion of the Conditions of Approval issued in connection with the TTM (hereinafter referred to as "COA's") for the development of the Property.
2.3 Pursuant to the COA's, the Developer is required to annex the Property into the City of Menifee citywide Community Facilities District No. 2017-1 (hereinafter reterred to as the "CFD"), which was established by City Council Resolution No. 17-658, adopted by the Menifee City Council on December 6, 2017, for purposes of providing for certain maintenance services to the property within the CD, including, but not limited to landscaping, lighting, street, drainage, parks, trails, and graffiti abatement, all as more specifically described in Exhibit C, attached hereto and incorporated herein by this reference.
2.4 Developer has submitted an application to the City to annex the Property into the CFD, but the annexation has not yet been completed. To enable Developer to process and record the final map for the Property prior to completion of said annexation, the COA's require Developer to enter into an annexation agreement with the City which obligates Developer and future owners of the Property to complete the annexation of the Property into the CFD prior to the issuance of a building permit.
2.5 This Agreement is made in consideration of the approval of Tentative Tract Map No. 38994 as approved on July 9, 2025.
1 3. Terms.
Petition. Prior to the date of this Agreement, Developer has signed a petition to annex the Property into the CFD.
Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of the Property into the CFD. Such costs shall include, but shall not be limited to, all administrative, publication, engineering and legal costs and fees of any kind related to the annexation of the Property into the CFD.
Inclusion. Developer understands, acknowledges and agrees that no certificate of occupancy will be issued by the City prior to the inclusion of all of the Property in the CFD.
Indemnification. Developer shall indemnify, defend and hold the City and the City's officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to Developer's acts, omissions or willful misconduct relating to this Agreement.
Amendment. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the parties hereto.
Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.
City: City of Menifee
29844 Haun Road
Menifee, California 92586
Attn: City Clerk
Developer: Minor Ranch LLC
A Delaware Limited Liability Company
Address: c/o Brookfield Residential Properties
3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
Attn: Colin Koch
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside 2 County Recorder's Office.
3.9 Covenant Running With the Land. The covenants in this Agreement are covenants running with the Property, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of the City and its successors and assigns, shall be binding upon Developer, its successors and assigns and successors in interest; and may be enforced by the City and its successors and assigns. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land by enhancing and increasing the enjoyment and use of the Property, and by furthering the public purposes of the City.
In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that the City is deemed a beneficiary of the agreements and covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of the City without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City which real property shall be deemed the benefited property of such covenants. The City shall have the right, in the event of any breach of any such agreement or erd al regis and remede. covenant, to exercise all of the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant..
3.10 Attorney's Fees. Should either party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit, including expert witness fees.
3.11 Governing Law. This Agreement shall be governed by the internal laws of the State of California, without regard to conflict of law matters. Venue shall be in Riverside County.
3.12 Headings. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision.
3.13 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written.
CITY OF MENIFEE, MINOR RANCH LLC,
3 a municipal corporation a Delaware Limited Liability Company By: _
Armando G. Villa, City Manager Name: . Seith
Its: Secretary
Attest:
Stephanie Roseen, City Clerk
4 A notary public or other officer completing this
2-22
STATE OF CALIFORNIA )
) sS.
COUNTY OF Orange
July 15th , 2026, before me, Vanessa Shaw _ Notary Public, personally appeared William B. Seith, who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tha le/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 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.
VANESSA SMAW
Notary Public • Calffornia
Orange County
Commission 2539195
My Comm. Exaires Nev 17, 2029
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT 11 AS SHOWN ON TRACT No. 38303, AS FILED IN BOOK 498, PAGES 62 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE
RIVERSIDE COUNTY RECORDER, CALIFORNIA, LYING WITHIN SECTIONS 13 AND 14, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN
EXHIBIT "B"
TTM 38994
6 EXHIBIT "C"
DESCRIPTION OF MAINTENANCE SERVICES
The services which may be funded with proceeds of the special tax of CFD No. CFD2017- 1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
1. maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
2. maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
3. public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1.
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