Image_0082.l26ll I
ASSIGNMENT AND ASS UMPTION AGREEMENT
Sun City - Skyward Trail Storm Drain, Stages 2 and 3
Sun City - Skyward Trail Storm Drain Northern Lateral, Stage I
Sun City - Skyward Trail Storm Drain Southem Lateral, Stage I
Project Nos. 4-0-00309. 4-0-00 I 9 I and 4-0-00 I 92
Tract Nos. 36658-3 and 36658-4
This Assignment and Assumption Agreement ('ASSIGNMENT") is made by and between
(i) the fuverside County Flood Control and Water Conservation District, a body politic
("DISTRICT"); (ii) the City of Menifee, a Califomia municipal corporation ("CITY"); (iii)
Cimarron Ridge, LLC, a Califomia limited liability company ("ASSIGNOR"); and (iv) Pulte Home
Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the
"Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain
Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda ltem No. I 1.3) and
recorded as Document No. 2021-0177975 in the Official Records of the County of Riverside
('AGREEMENT"), setting forth the Parties' respective rights and obligations concerning
ASSIGNOR's proposed design and construction of certain flood control and drainage facilities
required as a condition of approval for Tract Nos. 36658-3 and 36658-4 located in the city of
Menifee, in the State of Califomia, hereinafter called "PROPERTY"; and
B. Subsequent to the execution of said AGREEMENT, ASSIGNEE has acquired fee
title to PROPERTY pursuant to a certain Grant Deed dated July 9,2021 and plans to proceed in
accordance with AGREEMENT; and
C. A true and correct copy of AGREEMENT has been provided to ASSIGNEE. The
AGREEMENT describes the terms and conditions by which those certain flood control and
drainage improvements that are required in cormection with the development ofTract Nos. 36658-
I
l.[6]( I
3 and 36658-4 are to be designed and constructed by ASSIGNOR and inspected and accepted for
operation and maintenance by DISTRICT, CITY and ASSIGNOR; and
D. Section IV.l5 of AGREEMENT stipulates that ASSIGNOR may assign its rights
and responsibilities as set forth therein subject to the written consent ofthe Parties thereto; and
E. The totality of ASSICNOR's rights, title, interests, benefits and privileges pursuant
to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS', and the totality of
ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively
called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and ASSIGNOR OBLIGATIONS are hereinafter altogether
called "RIGHTS AND OBLIGATIONS": and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this
ASSIGNMENT, ASSIGNEE shall assume and agrees to perform all NGHTS AND
OBLIGATIONS as stated in AGREEMENT; and
H. Section IV.l7 of AGREEMENT specify that AGREEMENT may be changed or
modified subject to the written consent ofthe Parties thereto; and
NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants
hereinafter contained, the Parties hereto do hereby mutually agree as follows:
l. The above Recitals are true and correct and are incorporated into the terms of this
ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS
AND OBLIGATIONS to ASSIGNEE and ASSIGNEE accepts RIGHTS AND OBLIGATIONS.
3. For the benefit of DISTRICT and COLTNTY, ASSIGNEE hereby agrees to be fully
bound by the terms of AGREEMENT that are stated and imposed on ASSIGNOR in
AGREEMENT. ASSIGNOR is referred to as DEVELOPER in the AGREEMENT. As such, upon
_1
2426E I
execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the
terms of the AGREEMENT.
4. \n regard to the assignment of RIGHTS AND OBLIGATIONS set forth herein,
DISTRICT and CITY hereby consent and agree to (i) the assignment of RIGHTS AND
OBLIGATIONS in favor of ASSIGNEE, and (ii) the assumption by ASSIGNEE of said RIGHTS
AND OBLIGATIONS. In further clarification of the intent of the Parties. ASSIGNEE and
ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant ofreal property
interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satished by
ASSIGNEE, and in regard to all financial obligations, DISTRICT and/or CITY shall invoice
ASSIGNEE for all charges incurred pursuant to AGREEMENT. Further, in executing this
ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from
ASSIGNOR, in addition to ASSIGNEE, for any breach of the AGREEMENT that may have
accrued prior to the effective date of this ASSIGNMENT.
5. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to this
ASSIGNMENT shall be binding upon and inure to the benefit ofthe successors, assigns, personal
representatives, heirs and legatees of the respective Parties hereto.
6. In the event that any action or suit by the Party hereto is brought against another
Party hereunder by reason of any breach of any of the covenants, conditions, agreements or
provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party
shall be entitled to have and recover ofand from the other Party all costs and expenses ofthe action
or suit, including reasonable attomeys' fees.
7. This ASSIGNMENT is to be construed in accordance with the laws of the State of
Califomia.
-t
242681
8. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
9. Nothing in the provisions of this ASSIGNMENT is intended to create duties or
obligations to or rights in third parties not Parties to this ASSIGNMENT.
10. This ASSIGNMENT may be changed or modified only upon the written consent of
the Parties hereto.
1 1. Any and all notices sent or required to be sent to ASSIGNEE arising from either this
ASSIGNMENT, or the obligations contained in AGREEMENT will be mailed by first class mail,
postage prepaid, to the following addresses:
zuVERSIDE COLINTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
fuverside, CA 92501
Attn: Contract Services Section
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Daniel Padilla
City Engineer,
Land Development Section
PULTE HOME COMPANY, LLC
27401 Los Altos. Suite 400
Mission Viejo, CA 9269 t
Attn: Steven J. Ford
12. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and
ASSIGNOR hereby certify that they have the authority within their respective companies to enter
into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of
directors, legal counsel and./or any other board, committee or other entity within their respective
companies which have the authority to authorize or deny entering into this ASSIGNMENT.
13. This ASSIGNMENT may be executed in multiple counterparts, each of which shall
be deemed an original but all of which together shall constitute but one and the same instrument.
-4
CIMARRON RIDGE. LLC
2900 Adams Street. Suite C25
Riverside, CA 92504
Attn: Craig Mazzara
2,12611I
lN WITNESS WHEREOF. the Parties hereto have executed this ASSIGNMENT on
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Bv
o E.
eral Manager-Chief Engineer
APPROVED AS TO FORM:
COL'NTY COUNSEL
By
SARAH K. M R.E
Deputy County Counsel
Assignment and Assumption Agreement:
Sun City - Skyward Trail Storm Drain, Stages 2 and 3
Sun City Skyward Trail Storm Drain Northem Lateral, Stage I
Sun City - Skyward Trail Storm Drain Southem Lateral, Stage I
Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03109t22
5-
)lttluu,
(to be lrlled in by General Manager-Chref Engineer)
24268t
RECOMMENDED FOR APPROVAL:CITY OF MENIFEE
By eJ Ufl By
tffirEL PAD{LLA
City Engineer
APPROVED AS TO FORM:
By
J Y T. MELCHING
ARMANDO LLA
City Manager
ATTEST:
MANWARING
City Attomey Citv Clerk
(SEAL)
Assignment and Assumption Agreement:
Sun City Skyward Trail Storm Drain, Stages 2 and 3
Sun City - Skyward Trail Storm Drain Northem Lateral, Stage I
Sun City - Skyward Trail Storm Drain Southem Lateral, Stage I
Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03109122
-6-
l.l26lrl
ASSIGNOR
CIMARRON RIDCE, LLC,
a Califomia limited liability company
By: Van Daele Investment Properties. LLC
Its Managing
By
JE HACK
Presi
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City - Skyward Trail Storm Drain, Stages 2 and 3
Sun City - Skyward Trail Storm Drain Northern Lateral, Stage I
Sun City - Skyward Trail Storm Drain Southem Lateral, Stage I
Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03109122
CALIFORNTA ACKNOWLEDGMENT CIVIL CODE g '1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document
to which thls certificate is attached, and not the tlUthfulness, accuracy, or validity of that document.
State of ia
County of r5
lv..v //.a@Lberore me,
ld^il,L|.r di"He sert Nome ond Title ,of the Officer
personally appeared
Nome(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/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 instrument.
I
KATHRYN SVOBOOA
Not.ry Public _ Calilornid
Los Angeles CountY
(ommis5ion 1212E508
Comm. tuir6 Jufl 11, 202'{
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.
oture of Notory PublicPloce Notqry Seol and/ot Stomp Above
OPTIONAL
Completing this informotion con deter olterotion of the document or
froudulent rcottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date Number of Pages:
Signer's Name:Signer's Name
Er Corporate Officer - Title(s)E Corporate Officer - Title(s)
tr Partner - tr Limited tr General
D lndividual tr Attorney ln Fact
tr Trustee E Guardian or Conservator
tr Partner - u Limited o General
tr lndividual El Attorney in Fact
o Trustee o Guardian or Conservator
D Other tr Other:
Signer is Representing
02019 National Notary Association
I
On
Signer is Representing:
@*,
Signature
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
2.lt6lr I
ASSIGNEE
PULTE HONTE CONIPAN}" LLC
a Michigan limited liability company
DARREN W
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City - Sk1'lvard Trail Storm Drain, Stages 2 and 3
Sun City - Skyrrard Trail Storm Drain Northem Lateral, Stage I
Sun City - Skyward Trail Storm Drain Southem Lateral, Stage I
Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03t09122
-8-
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE )
On March23,2022
DARREN WARREN
who proved to me on the basis of satisfactory evidence to be the person{€} whose name($ is/a{€
subscribed to the within instrument and acknowledged to me that helch€Ah€y executed the same in
hislherlthei+ authorized capacity(ies), and that by hisJherfih€,i+ signature€)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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 GUNEET KAUR
Notrry Publl(. Califo.nre
Orania County
Commirrlon # 2365191
(-,,ry Comm. Erpk.. Jul 12. 2025
Signature (Seal)
before me, GUNEET KAUR, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared
JASON E. UHLEY
Ceneral Managcr-Chief Engineer
I995 MARKET STREET
RIVERSIDE, CA 9250I
95 L955.1 200
FAX 95 r.788.9965
www.rcflood.org
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
hne2,2022
Mr. Daniel Padilla
City of Menifee
29844 Haun Road
Menifee, CA 92586
Dear Mr. Padilla:Re: Assignment and Assumption Agreement
Sun City - Skyward Trail Storm Drain
Northem and Southem Lateral, Stage I
Sun City - Skyward Trail Storm Drain,
Stages 2 and 3
Project Nos. 4-0-00191, 4-0-00192 and 4-0-
00309
Tract Nos. 36658-3 and 36658-4
Enclosed herewith is the City of Menifee's fully execuled original copy of the above-referenced
Agreement executed by our Board of Supervisors on March 2,2021 .
Very truly yours,
ROHINI MUSTAFA
Engineering Pr<rject Manager
ec:w/o enclosure
Ruddy Argueta
Darren James
LHM:blm
P8/244170
Please call Erick Hemandez at 951 .955.2558 or me at 95 1.955.1282 ifyou have any questions pertaining
to the Agreement. T'hank you for your assistance.
Enclosure