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Image_009APR 2 6 2022 \.v 212961 ASSIGNMENT AND ASSUMPTION OF AND AMENDMENT TO COOPERATIVE AGREEMENT Romoland MDP Line A- 14, Stage I Romoland MDP Line A-14a, Stage I Romoland - Ethanac Road Storm Drain, Stage I Romoland - Byers Road Storm Drain, Stage I Project Nos. 4-0-00443, 4-0-00436. 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 This Assignment and Assumption of, and Amendment to Cooperative Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"); ( ii) the City of Menifee, a Califomia municipal corporation ("CITY"); (iii) Cimanon 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 I .3) and recorded as Document No. 2021-0177973 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations conceming ASSIGNOR's proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658-5 and 36658-6 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 carrying out ASSICNOR's obligations in accordance with AGREEMENT; and C. A true and correct copy of AGREEMENT has been provided to ASSIGNEE. AGREEMENT describes the terms and conditions by which those certain flood control and -l - :{1961 drainage improvements that are required in connection with the development ofTract Nos. 36658- 5 and 36658-6 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and D. Section [V.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the wriften consent ofthe Parties thereto; and E. The totality of ASSIGNOR'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"I and F. ASSIGNOR RIGHTS and ASSIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"T and G- ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to perform atl RIGHTS AND OBLIGATIONS as stated in AGREEMENTI and H. Concurrently with the assignment and assumption of AGREEMENT, DISTRICT desires to make certain amendments to AGREEMENT in its entirety, which together encompass this ASSIGNMENT; and I. 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 ASS IGNMENT 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. -2- 242963 3. For the benefit of DISTRICT and COUNTY, 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 execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of the AGREEMENT. 4. AGREEMENT is hereby amended as follows: I. RECITALS F of AGREEMENT is hereby deleted in its entirety. II. RECITALS G of AGREEMENT is hereby deleted in its entirety. III. RECITALS H of AGREEMENT is hereby deleted in its entirety. IV. RECITALS I of AGREEMENT is hereby deleted in its entirety. V. RECITALS J of AGREEMENT is hereby deleted in its entirety. 5. In 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 fufther clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied 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 ASSICNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any breach of AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT. 6. 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. -3- 242963 7. 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 ASSICNMENT, 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. 8. This ASSIGNMENT is to be construed in accordance with the laws of the State ol Califomia. 9. 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. 10. Nothing in the provisions of this ASSIGNMENT is intended to creale duties or obligations to or rights in third parties not Parties to this ASSIGNMENT. I l. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto. 12. 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: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT t 995 Market Street Riverside. CA 92501 Attn: Contract Services Section CITY OF MENIFEE 29844 Haun Road Menifee. CA 92586 Attn: Daniel Padilla, City Engineer, Land Developmenl Section CIMARRON RIDGE, LLC 2900 Adams Street. Suite C25 Riverside. CA 92504 Attn: Craig Mazzara PULTE HOME COMPANY, LLC 27401 Los Altos. Suite 400 Mission Viejo, CA 92691 Attn: Steven J. Ford I 3. 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 -4- 242963 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. 14. 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. -5- IN WITNESS WHEREOF, the parties hereto have executed this Assignment on to filled in by Cl of the Board)( RECOMMENDED FOR APPROVAL: By E.U -Chief Engineer COUNTY COT]NSEL 24)961 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By A,/v4-,J KAREN SPIEGEL. Chair Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER Clerk ofthe Board By J By ry( S K. MOORE D Deputy County Counsel (SEAL) Assignrnent and Assumption of and Amendment to Cooperative Agreement: Romoland MDP Line A-14, Stage I Romoland MDP Line A-14a, Stage I Romoland - Ethanac Road Storm Drain, Stage I Romoland - Byers Road Storm Drain, Stage I Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 AMR:blm 03/09122 -6 APPROVED AS TO FORM: 212963 RECOMMENDED FOR APPROVAL:CITY OF MENIFEE By By DANIEL PADILLA City Engineer ARMANDO C. City Manager LA APPROVED AS TO FORM:ATTEST: By B JE T. MEt,CHING MANWARING City Attorney City Clerk (SEAL) Assignment And Assumption of, and Amendment to Cooperative Agreement: Romoland MDP Line A-14, Stage I Romoland MDP Line A-14a, Stage I Romoland - Ethanac Road Storm Drain, Stage 1 Romoland - Byers Road Storm Drain, Stage I Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 AMR:blm 03t09t22 -7 - ( 2:1296.] ASSIGNOR CIMARRON RIDGE, LLC, a Califbrnia limited liability company Bv: Van Daclc Inve t Properties, LLC Its Managing By JE HACK (ATTACH NOTARY WITH CAPACITY STATEMENT) Assignment And Assumption of, and Amendment to Cooperative Agreement: Romoland MDP Line A- 14, Stage I Romoland MDP Line A-14a, Stage I Romoland - Ethanac Road Storm Drain, Stage I Romoland - Byers Road Storm Drain, Stage I Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 AMR:blm 03/09t22 -8- CALIFORNIA ACKNOWLEDGMENT CIVIL CODE ! 1189 A notary public or other otficer completing this ce(ificate 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 Cali County of lut v twl tl.aa)L before me,On I dotu He sert me and Title the Officer personally appeared Nome(s) of Signer(s) 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. MTHRYN SVOBODA Notary Public - California tos AnBele! County Conmilrion, 2l2E50E 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. Signature of Notory Public My (omm. Erpirg Jun 11, 202{ Place Notqry Seol ond/or Stomp Above OPTIONAL Completing this informotion con deter olterotion of the document or ftoudulent reottochment of this fom to on unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signe(s) Other Than Named Above: capacity(ies) claimed by Signer(s) Signer's Name:Signer's Name o Corporate Officer - Title(s)E Corporate Officer - Title(s): o Partner - El Limited o General tr lndividual tr Attorney in Fact D Trustee o Guardian or Conservator D Other: Signer is Representing (O2O19 National Notary Association o Partner - tr Limited tr General tr lndividual D Attorney in Fact El Trustee tr Guardian or Conservator D Other: - Signer is Representing: 2,12961 ASSIGNEE PULTE HOME COMPANY. LLC. a Michigan limitcd liability comparry By ARREN Division Vice President of Land Acquisition and Development (ATTACH NOTARY WITH CAPACITY STATEMENT) Assignment And Assumption of, and Amendment to Cooperative Agreement: Romoland MDP Line A- 14, Stage I Romoland MDP Line A-14a, Stage I Romoland - Ethanac Road Storm Drain, Stage 1 Romoland - Byers Road Storm Drain, Stage I Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 AMR:blm 03109/22 -9 - 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 March 23,2022 before me, GUNEET KAUR, NOTARY PUBLIC (insert name and title of the officer) personally appeared DARREN WARREN 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 hel€h€lth€y executed the same in hislh€+Ah€{r authorized capacity(i€€), and that by hislherlthei+ signature(€}on the instrument the person(s), or the entity upon behalf of which the person(+ 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 XAUR lot.ry Publl.. C.llforni.or.t. county Comnl$ton, 2!6319iSignature(Seal)yComn, Erplr6i Jul 12,2025 JASON E. UHLEY Gencral Managcr-Chief Enginccr I995 MARKET STREET RIVERSIDE, CA 9250I 95 l .955. 1200 FAX 951.788.9965 wwwrcflood.org RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT May 25,2022 Mr. Daniel Padilla City of Menifee 29844 Haun Road Menifee. CA 92586 Dear Mr. Padilla:Re:Assignment and Assumption of and Amendment to Cooperative Agreement Romoland MDP Lines A-14 and A-14a, Stage I Romoland Ethanac Road and Byers Road Storm Drain, Stage 1 Project Nos. 4-0-00443, 4-0-00436 and 4-0-00446 Tract Nos. 36658-5 and 36658-6 Please call Erick Hemandez at 951.955.2558 or me at 951 .955.1282 ifyou have any questions pertaining to the Agreement. Thank you for your assistance. Very truly yours, ROHINI STAFA Engineering Project Manager Enclosure w/o enclosure Ruddy Argueta Darren James LHM:blm P8,t244043 ec Enclosed herewith is the City of Menifee's fully executed original copy of the above-referenced Agreement executed by our Board ofSupervisors on April 26,2022.