2022/02/17 Agreement Lien Agreement, David Mendoza, Sergio Mendoza, and Rosa Isela TorresDOC # 2022-0082070
02fi71202212:54 PM Fees: $0.00
Page 1 of 13
Recorded in Official Records
County of Riversrde
Peter Aldana
Assessor-County Clerk-Recorder
CITY OF MENIFEE
29714 Haun Road
Menifee, California
Attention: City Clert
"Th s document was electronically submilled
to the County of Rrverside for €cording"
Receipted by: ELENA 1448
The Above Space For Recorder's
Use On
LIEN AGREEMEilT
THIS LIEN AGREEMENT ("Li€n Agrooment") is made and entered into this!*r.. day of \.AaY , Loi\ , by and berween the ClTy OF MEN|FEE,
a California municipal corporation ("City") and David Mendoza, Sergio Mendoza, and
Rosa lsela Torres (collectively "Ownor").
RECITALS
A. Owner has submitted to the City for its approval, Tract No. 37236. a
proposed subdivision of an existing 4.77 gross acre site into four (4) parcels, located in
the City of Menifee, County of Riverside, State of California (the "Projecf').
B ln connection with the Pro,ect, Owner has applied to the City for approval
of a Final Parcel Map pursuant to Government Code Section 60434 ("the Subdivbion
Code") for Final Parcel Map 37236 ("Final ilap") for real property located within the City,
a legal descnpton of which is attached hereto as Exhibit "A" ("Property").
C. The conditions of approval for the Tentative Parcel Map require Owner to
construct cerlain improvements that, upon completion, will be accepted by the City as
public improvements ("Public lmprovements"). A list of the Public lmprovements and an
estimate of the costs for the Public lmprovements approved by the City Engineer is
attached as qhiEi!:E!: and incorporated herein by this reference.
D As part of the constructron of the Public lmprovements, the City has
reguested security to guaranlee the completion o, the Public lmprovements.
E Sioce Owner will not complete the Publac lmprovements prior to the
approval by the City of the Final Map, Menifee Municipal Code section 7.80.050 requires
Owner to enter into an agreement with the City for the completion of the Public
lmprovements and the provisaon of amprovement security ("Subdivilion lmproyement
Agreemenl")
F. Californaa Government Code Seclion 66499 and Menifee Municipal Code
section 7.80.050(C) authorize the City and Owner to enter into this Lien Agreement in
DaNO FEE OOCUIf,ENT
Govemment Code q6103
RECORDING REQUESTEO BY AND
WHEN RECORDED MAIL TO
satisfaction of the security obligations contained in the subdivision lmprovement
Agreement.
G. The City has found and determined that it would not be in the public interest
to require the instaliation of the Public lmprovemenls sooner than two years after
recordation of the Final MaP.
H. Owner has provided a title insurance policy and current title report to the
City from a litle company approved by the City and issued withln the 60 days prior to the
execution of this Lien Agreement that documenls that the owner is the record owner of
the Property and the Property is not subiect to any mortgages. deeds of trust, or iudgment
liens.
DOC #2O22-OOa2O70 Page 2 of 13
OPERATIVE PROVISIONS
NOW, THEREFORE. for valuable consideration, the receipt and sufficiency of
which the Parties hereby acknowledged. the Parties hereto agree as follows.
I Owner Pe r{ormance and O bliqations
A Owner hereby grants to the City, in accordance with the terms and
conditions of this Lien Agreement. a lien upon the Property as security for the following
obligations of Owner (collectrvely, lhe "Obligations"):
(1) Construction of the Public lmprovements specified in EIbiEi!:Ell attached
hereto, provided, however, that Owner's obligation hereunder shall extend
to the actual cost of the construction of the Public lmprovements as detailed
in the Subdivision lmprovement Agreement. notwithstanding thal such
costs may exceed the appratser's summary cost estimate set forth in
Exhibit "C" atlached hereto (the "Security Amounf') (the full aPpraisal
report is on file with the City); and
(2) Payment of the balance of the fees or provision of the Public lmprovements
or services described in the Subdivision Code (collectively, "Fees'), in the
amount required in accordance with the Subdivision Code, as determined
appropriate by the Director of Public Works
This Lien secures the Obligalions and the remedies provided herein for
breach ot the Obligations.
B For so long as title to the property remains subject to this Lien Agreement,
Owner shall not: (1) commence work other than grading on any portion of the Public
lmprovements except as necessary to correct or prevent threats to the public health,
safety. or general welfare with the consent of the City: or (2) sell or permit the sale of any
lot shown on the Final Map. Notwithstanding the above, fee title to the entire property
encumbered by this Lien Agreement may be sold in the aggregate to a single purchaser,
provided that the proposed purchaser, prior to assuming title to the property, executes a
new lien agreement or provides such alternative security, as may be required by the City
and executes a new Subdivision lmprovement Agreement with the City.
C. Prior to commencing the installation and/or construction of any portion of
the Public lmprovements required by the Subdivision lmprovement Agreement, Owner
shall deposit fees for inspection, tests, and other related purposes, and shall substitute
other forms of security satisfactory to the City in place of this Lien Agreement. Grading of
the Property shall not be consrdered construction of the Public lmprovements for the
purposes of this Lien Agreement and Owner is not required to substitute other forms of
security in place of this Lien Agreement prior to commencing grading.
D. Owner shall provide all substitute forms of security in the amounts and for
the purposes set forth in the Subdivision lmprovement Agreement, except that the
amounts shall be calculated using the estimated cost of the Public lmprovements at the
time of substitution, as ascertained by the City.
E. Owner shall substatute acceptable security for this Lien Agreement and
commence construction of the Public lmprovements required by the Subdivision
lmprovement Agreement within seven (7) years following the date of recordation of the
Final Map. At its sole discretion, the City may grant up to three extensions of time for one
year each, For each extension of time, Owner shall provide a title insurance policy and
current title report from a title company approved by the City, and issued within 60 days
prior to the request for an extension of time, that documents that Owner is the record
owner of the real property to be divided as identified on the Final Map and the real
property to be divided is not subject to any mortgages, deeds of trust, or judgment liens.
F. Owner shall pay the Fees related to the work required by the Subdivision
lmprovement Agreement for which the Fees are required prior to issuance of any building
permit or, if permitted by the City, prior to occupancy.
G. Owner agrees that if suit is brought upon this Lien Agreement, all costs and
reasonable expenses and fees incurred by the city in successfully enforcing owner's
obligations shall be paid by Owner, including attorneys'fees, and that, upon entry of
iudgment, all such costs, expenses and fees shall be taxed as costs and included in any
judgment rendered.
H. Owner agrees to indemnify, and hold harmless, the City, its officers'
employees, and agents from any liability whatsoever based or asserted upon: (i) any act
or omilsion of Owner, its employees, and agents relating to or in any way connected with
the accomplishment of work, obligations, or performance of service under this Lien
Agreement or (ii) the approval of this Lien Agreement. As part of the foregoing indemnity,
o-wner agrees to protect and defend at its own expense, including attorneys'fees, the
city, its officers, employees, and agents in any legal action based upon such alleged acts
or omissions.
tl67I 1r'l I tl58-0tl(l-]
lrtl6l?81 Iat){,l9rll
A. Following (1 ) the City's approval of the substitute forms of security
submitted by Owner; (2) deposit by Owner of fees for inspections, tests, and other specific
purposes; and (3) Owner's payment or other performance of these obligations
encompassed by the Subdivision lmprovement Agreement, performance of which are
secured by this Lien Agreement, the City shall release the Property, from the provisions
of this Lien Agreement, and shall execute any necessary release to enable Owner or its
transferee to clear the record of title of the Property so released of the lien herein imposed.
B. ln no instances shall this Lien Agreement compel the City to construct the
required Public lmprovements.
Owner represents and warrants that no lots within the Property have been sold, no
construction permits (including but not limited to grading permits and building permits)
have been issued and are active for all or part of the Property, and no construction of any
of the Public lmprovements has commenced.
lV. Effect of Lien Aoreement
A, From the date of recordation of this Lien Agreement. a lien shall attach to
the Property which shall have the priority of a.iudgment lien in an amount necessary to
discharge all obligations contained in the Subdivision lmprovement Agreement and any
associated Fees. Under no circumslances shall the City agree to subordinate the lien.
B. Owner shall have the right to convey or sell fee title to the entire property,
or a portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees
in writing to accept and be bound by the terms and provisions of this Lien Agreement, the
applicable Subdivision lmprovement Agreement, and the Fees, or has provided
alternative security acceptable to the City. Any new lien agreement entered into by a
purchaser of the Property must provide for complehon of the Public lmprovements by the
same date as is specified herein.
C. This Lien Agreement shall expire upon release of the Property by the City,
except that Owner's obligation to commence the Public lmprovements within five (5)
years from the date of recordation of this Lien Agreement (or such date as may have been
extended, as described in Section l(E) above), shall not expire but shall remain in full
force and effect until satisfactory completion of the Public lmprovements in full compliance
with the Subdivision lmprovement Agreement.
D. Notwithstanding any provisions of the Subdivision Code to the contrary, so
long as this Lien Agreement is utilized for security as described herein, the City is not
obligated to accept offers of dedication for slreet or drainage purposes on the property.
267tl01t858-0001
l62637ltj I a{)1/lq/21
ll. Citv's Performance and Oblioatrons
lll. Owner's Reoresentations and Warranties
V. Events of Default
Upon the occurrence of any one of the following events, Owner shall be deemed in default
hereunder.
A. Filing of any proceedings or action by or against Owner to declare Owner
bankrupt or to appoint a receiver or trustee for Owner or to make an assignment for the
benefit of creditors or to do anything else of a similar nature or purpose under any state
or federal bankruptcy or insolvency laws, if such proceedings or actions are not
discharged within sixty (60) days.
B. Levy of any attachment or writ of execution against Owner and the Property
whereby the Property is taken or occupied or attempted to be taken or occupied by
someone other than Owner and such attachmenl or execution is not released within sixty
(60) days
C. Sale of any lot shown on the Ftnal Map prior to release of the lien created
by this Lien Agreement, except as provided in Section lV(B) above.
D. Request by Owner of issuance by the Department of Real Estate of the
Final Subdivision Public Report for the Property.
E. Breach by owner of any other term or condition of this Lien Agreement or
the Subdivision lmprovement Agreement or Owner's failure to fully and faithfully
discharge its obligations hereunder within the time specified in Section Vl below.
All References to Owner in this section shall be deemed to include Owner's successors,
assignees, and transferees.
Upon the occurrence of any of the events described in Section V, above, the City
may declare a breach of this Lien Agreement if Owner does not cure such violation within
90 days after Owner's receipt of written notice from the City (or, if not curable within 90
days, within such period of time as rs reasonably necessary, but in no event more than
180 days. provided Owner diligently commences and pursues such cure and indemnifies
the City for all related costs, of whatever kind) and the City may exercrse any one or more
of the following remedies:
A. Pursue any or all if the remedies provided in the Subdivision lmprovement
Agreement:
B. Enforce this lien by appropriate action in court or as provided by law and in
the event of enforcement is by action in courl. the Owner agrees that the amount of said
lien shall include reasonable anorneys'fees which shall be taxed as a cost in any suit for
such enforcement,
267 I 1).1 I lt58-.0{I )J
l.\16-t7ll.l I afr.l/lq/lI
Vl. Crtv's Remedies
C. Estimate the cost of the work required to complete the Public
lmprovements, and all fees, and foreclose said lien in said amount;
D. lnitiate proceedings for reversion of the Property within the land division to
acreage, at the expense of the owner, in accordance with the provisions of the
Subdivision Map Act; and/or
E. Pursue any other remedy. legal or equitable, for the foreclosure of a lien.
owner, its heirs and assigns. shall pay reasonable attorneys'fees to be taxed as cost in
said proceedings.
Coung Recorder immediately following execution of this Lien Agreement in
all parties hereto, and (2) all parties having any record title interest in the
property, pursuant to Government Code Section 66436. acknowledge sub
Vll. General Provisions
A. Recordation This Lien Agreement shall be recorded by the City with the
dexed by ('l)
subject real
ordination of
their interest of this Lien Agreement.
B. Continoencv. This Lien Agreement shall nol take effect until it has been
approved by the City Council of the City of Menifee.
C. Entire Aoreement. This Lien Agreement together with all exhibits and other
agreements expressly referred to herein, constitutes the entire agreement between the
parties with respect to the subiect manner contained herein. All prior or conlemporaneous
agreements, understandings, representations, warranties, and statements, oral or written
are superseded.
D. Further Assurances. The parties agree to perform such further acts and to
execute and deliver such addiltonal documents and instruments as may be reasonably
required in order to carry out the provistons of this Lien Agreement and the inlentions of
the parties.
E. Gove rnino Law. This Lten Agreement shall be governed, interpreted,
construed, and enforced in accordance with laws of the State of California
F. Headinos. The captions and section headings used in this Lten Agreement
are inserted for convenience of reference only and are not intended to define, limit, or
effect construction or interpretation of any term or provision hereof.
G. Modification iver. No modification. waiver, amendment, or dischar ge of
this Lien Agreement shall be valid unless the same is in writing and stgned by all parties
l67l/i),l lt58-001r1
I 6:flllTli t I r(l.l/l q': I
H. No Other lnducement. The maki ng, execution, and delivery of this Lien
Agreement by the parties hereto have been induced by no representations, statements,
warranties, or agreements other than those expressed herein.
L SeverabiliW. lf any term, provision, covenant. or condition of this Lien
Agreement is held to be invalid, void, or otherwise unenforceable, to any extent, by any
court of competent jurisdiction, the remainder of this Lien Agreement shall not be effected
thereby, and each term, provision, covenant, or condition of this Lien Agreement shall be
valid and enforceable to the fullesl extent permitted by law.
IS/GNATURES ON FOLLOWING PAGE]
t67 ul ] ttilt-000.1
l616l?ttl I.r01/19/ll
CITY OF MENIFEE,
a Municipal Corporation
of the State of California
By:
ATTEST
APPROVED AS TO FORM,
OWNER
Mendoza
to end oza
rk
C
267 t/0.11858-0001
l626118l I a(X/le/21
Rosa lsela Torres
EXHIBIT "A"
PROPERTY LEGAL OESCRIPTION
All that certain real property srtuated in the County of Riverside, State of Cafifornia, described as
follows:
LOT 221 OF ROMOLA FARMS #7, IN THE CTTY OF MENIFEE, COUNTY OF RIVERSIOE, STATE OF
CAUFORNIA, AS SHOWN BY MAP FILED IN BOOK I5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECOROER OF SAID COUNTY.
ASSEESSOR'S PARCEL NO.: 327 -370-OO1
16l l/!-r 18.8r)(x).1
162617,11 lal,{'19/ll
EXHIBIT ..B"
PUBLIC IMPROVEMENTS & COSTS
COS! f trtiaATE lot MEt{DrOza PAACf I MAP !,rJ6 1l?I Aat.fffnr
MAPES iO
l.nath 650 Lf
25 Ll
16250 SF
8at. l'
t.ntth 3ro tf
!2 Lr
9920 tF
A< 5'
198 4Y
5r
302 ;ON
2/16 C.r
t1(, (t
9F
TOit
aosl €5rrMArE
ctc.. & c.ub
Gr.dlna
AC 5'
B.i? a'
O.aanaa.
25000
150q,su)
20@
t50@
a5
6.S
!l
95
5/1
2.5
lcr@
5qxt
50(r
I
I
1
I
I
398
o
o
:to2
2..6
Jlo
t5
LS
L-s
CY
SF
TON
CY
IF
EA
EA
t5
ROIJNOED UP:
250(10
r5000
5@O
2mo
150@
!791O.56
o
o
,t696.08
r3292.4
7-',5
os
s(XXX!
S lt5,6ra-iaa
a 26,0
I
I
*rl.trr? ot Entlo.?.
*-.4 7./
sanror Enalnacr
O.r.: M.rch 24,2o21
261/0:r t Sit-(x)0:]
I 626l7lt:t I a(N/ I 9/2 I
EXHtBtT "C"
SECURITY AMOUNT
o?to1no21
Mrcha€l L. Hosking/Ournor
Ho.&ing Appraical Group, lnc.
22860 Compa3s Driv€
Csnyon L.ke. CA 92587€903
s51-2S4-1955
pdqnukc@m$n,com
I AR02't483
Bflan Mefldoza
29565 Mapc. Rd
irsnif€e. CA 9258$,97€A7ffi4{918
Re A[pr.issl Report for:
29565 MEpGs Rd
Menrba. CA 925a5-97€6
Lot 221 Rdnola FanIrr 7
APN 372-370-OO1-3
D.r!d 10214020
To l nlorn May Conc€rn:
ln ac@rdanca wrth yoor rcqr.lcst. I hr\6 pcrformad an tpPrdlal olorG abow montidEd
propGrty. Thb tpprairel raporl s€ts brth tho partrn nt deta gafhcr.d. thc tadlni.ltE
G{rplioyod. and th€ reeso$ng loodrng !o my vslr.s oBion Thls bner d tratE nlttEl do€t tlol
constitute an appraBal ropod o, th€ retDnalo behind thc valus opt on rapotfld ard cannot bc
edcquslrty undGBlood without tha cccompenying appraiaal rrpo,l.
Thc subi€cl propcrty. as rE crencad abovc, ls localod.f 295OO M!po3 Rosd. in thc C[y o,
i/t€n 6, CA. Th€ 3ubFc1 3itc rs approritn !3ly 207.568 8qu.tc f.at - 4.7f Gea.
I devclcpcd my analysE. opmion atE coricluslon and prsared tfiir rrpst rn coflfsmity urlEl
th. Uniform Slandarda of Protr.6ioo.l Practica (U8PAP) of ltlc Apptaiorl Found.lion: tlE
Code of Profcasional Ethics and Standard. of Prota.iral Ap9reis.l Pracnic. oI Uhc App.aital
lnstitute: and the requircrunts of my cll.nt s I utxrariirnd tham.
ThG clbnt rn th|s asllgnrncnt rs Bnan ii€ndoza and tha rnaendad u!.t of thb rBport B Brlhl
Mondoza and/or ttre Cily ol Monifee and no olh€ri. Tho sob lnlondod u83 ls hr . lGn
ucr.,lrkrr wlgr rtr€ (.:lay Ilt€ vahr{ opmron r.tponaO lroraln 15 aUDJCcl fO me detlnruOna,
scsumptions, lrmiling condiliong and cortficationa contain€d In t ra raport.
This ls a restrictod u3€ rGpon and rs only rnLndGd to bc ulGd to rs.Lt my dEnl in
undcEtandrng thG currGnl rnarkcl veluc o, t E sbov} mcntioflGd proparty. ai a mtnurrcturad
hornc with an AccGssory Ow.lling Unil (AOU) q1 e 4 77 acr6 3ib. Altlough. a hypoUrGti:al
167l/0.i l8i8-llll0l
ll'll,l?l{'1 | ll(r1rl9/ll
condtlon urlf ba raquired as il thc lend is cntfrlad a residentisl 3uMivisbn of four saparate
tob.
nrr thffrga afrd condwion! e|r furthor contingent uPon the following oxtreordinsry
Annilfrr rna,ci, hlDdtroticel condltlofilt, ti€ lJ3 of which mlghl hsve afi c{hct on tho
ra.tfitEntrarts.
E(ffihtryAtrurnptbfls:
None
lwal Conditirne:
Ita hnd bchg 4praisd is cu,rsntly d ltlcd e on€ f€suentiel lot The diont hs3 r.(ilJ€8bd
t rc cty b f;oi; that thc propcrty lo b. vrhr€d ficr a rrsirential iubdiv6ion with bur tot l
loti. Thb Equirrs a trypotrl6tictl cordition.
Bercd on thc analysr! contatncd in tho blowitlg report. my v.lue conclusion i6 surrmarizrd
ee followa:
valtre Conclu!lon
Componont As-ls
\rbluc Typc
Prop.tty Rgb ApPras.d
E{bcihr. D.tr of \ralue\ lx Cqtclucion
Rapcafuny 3ubmrttcd.
Mlcheal L. l.loakkqrownc r
Hoddng Apprabal Group lnc
cA, 4R021483
Hypothetbal Mert€t \rblu
F.. SrnPl€
1021no2A
s350.fi,o
267l,0llE584ml
1626:]781 I a0{/19/:l
ryfi,Q
ACKNOWLEDGMENT
A notary public or other offcer completing this
certiticate verities only the identity of the individual
who signed the documenl to which this certificale is
attached, and not the truthfulness, accuracy, or
valid of lhat document.
State of California
County of Riverside
On D a J before me, Elbert Garcia Oe Alba Cisneros, Notary Public
(inserl name and title of the omcer)
personally appeared \n'rid [,*Aora. SeraiolVle,rdo?a atd Xovtr"1,Torres
who proved to me on the basis of@ersonls tsera,nAa@>
su lo the the same in
his/h on the instrument the
p€rson(s), or the the instrument
I certify under PENALTY OF PERJURY under the laws of the Slate of Califomia that the foregoing
paragraph is true and conecl-
erl arcla Ds Alba Cltn?rot
WTNESS my hand and ofiicial seal c cmm. *2259546
NolarY Pubhc - Cahlorni!
R versrde County
i^rmrn. Erortss Ocl. 1 l. 2022
z
o
rlbi (*rl
Signature (Seal)
I