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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