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2014/07/23 Certificate Certificate of Acceptance - Trailhead DrRETURN TO: CITY OF MENIFEE 29714 Houn Road Menifee, CA. 92586 CERTIFICATE of ACCEPTANCE of IRREVOCABLE OFFERS OF DEDICATIONS (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property granted by the dedications listed below to the COUNTY OF RIVERSIDE, for the purpose of flood control easements for the construction, use, repair, reconstruction, inspection, operation and maintenance of flood control facilities, and all appurtenant works, including ingress and egress thereto, over, under and across the real properties in the CITY OF MENIFEE is hereby accepted by the undersigned on behalf of the City Council of Menifee. Grantee consents to recordation thereof by its duly authorized officer. Dated: 7SUA 3 \l t Q0\ Li CITY OF MENIFEE THIS INSTRUMENT IS FOR THE BENEFIT OF THE CITY OF MENIFEE AND ENTITLED TO BE RECORDED WITHOUT FEE. (GOV. CODE 6103) DOC # 2014-0273134 07/23/2014 10:32A Fee:NC Page 1 of 34 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111111111111 S R U PAGE SIZE I DA MISC LONG I RFD COPY M A L 465 426 PCOR NCOR SM INCIAG l;. ER M T: CTY I UNI n CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY THAT THE CITY OF MENIFEE, HEREBY ACCEPTS THE FOLLOWING IRREVOCABLE OFFERS OF DEDICATION, RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: DOCUMENT NO. 2007-0312402, RECORDED May 10, 2007 STATE OF CALIFORNIA ) )ss. COUNTY OF 21'w0 rs" L2— ) On before me, a Notary Public in and for said and State, personally appeared So �r n CU . Sm', ktn , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iao, and that by his/herttheir signature(s} 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: Signature ------------------- JENNIFER ALLEN Commission # 1984645 i(Notary 41, Public - Californiaz Riverside County > [SEAL] My Comm. Expires Jul 9. 2016 CONSENT TO RECORD (GOV. CODE 7050) THIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on December 29, 2006, as Instrument No. 2006-0954757 AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 NO FEE (GOV. CODE 6103) Salt Creels— Trailhead Drive SD Tract No. 31455 Project No. 4-0-00016 DOC # 2007-0312402 05/10/2007 08:00R Fee:NC Page i of $ Recorded in Official Records County of Riverside Larry W, Ward Assessor, County) Clerk &I Recorder L.,._S 1---.R-..I U IPAGE I SIZE I OA I MISC II-ONGI RFD -I---copy 465 1 426 IRREVOCABLE OFFER OF DEDICATION SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, hereby Dedicates in Perpetuity to the Public, on behalf of Riverside County -Flood Control and Water Conservation District, a storm drain easement for the construction, use, repair, reconstruction, inspection, operation, and maintenance of storm drain facilities, and all appurtenant works, including ingress and egress thereto, over, under, and across that certain real property situated in the County of Riverside, State of California, described in legal description attached hereto as Exhibits "A" and "B" and made a part hereof. Dated: _A t l Iv "-!— Dated:. Yl i ?12Vb 1 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, By: ign uro 0 Title: 4 By: (print) Title: a� II III! II�� IN III 1111111111111�'¢ P�14aR po: �N+ 0 V W 0. P �I.w r hIN 1 r•� ru® wessxr a State of California County of ss. CALIFORNIA ALL-PURPOSE On {� ! 2G0 � before me, LA WA n inn, A, CAyp,/0i5A Gf 16 cry 1 �(r9u� a1e Printed Name of Notery Publl —I— personally appeared a/ Gct^ol (� % Pdmed �...J personallyknawntome-or- [ J proved to me on the basis of satisfactory evidence: [.J form(s) of Identification [-.] credible witness(es) 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. WITNESS my hand and official seal. Signamee or Notary (seal) I OPTIONAL Although the information In this section Is not required by low, it could prevent Fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purposeofa'��nra containing W _ pages, and dated "rhe signer(s) capacity of authority is/are as: Individual(s) i� Attorney -in -Fact rI Corporate Dfflcer(e) [...I Guardian/Conservator L1 Partner-I_Imlted/General V Other. __(1 ly(rG --'e3 ll -------- representing: {Vv t�P �1�1 'VIE{ Namcrno(do- ---- ------ (s) rl e on(� or Fmity( as) S {Inor Is Nep tscntlnp [�f Additional Signers) FSlgnere) Thumbprint(s) [a Other �Copyelght100A IVdtary Ao[IIry, Inc 925 d9lh Sq Oas Moires lA SDiC!-36t Porro 4CKo2.0)/04.'lo remrder,rall roll -pee bOZF349-fiy&f orvislt vs on the lnternetnt http�//www tharotaryshopsom 111111111111 II ©13_©oaf i ��4�en � llllll Hillll1111111111111111111111111111111111111 lilt 0$ �F� O r' � 6R EXHIBIT'A' THOSE PORTIONS OF PARCEL 30 OF PARCEL MAP NO. 21838, AS SHOWN BY MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA FILED IN BOOK 146 PAGES 1 THROUGH 26 INCLUSIVE OF PARCEL MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A - DRAINAGE EASEMENT COMMENCING AT THE NORTHWEST CORNER OF LOT "I" AS SHOWN ON SAID PARCEL MAP NO. 21838; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "I", SOUTH 00e09'43" WEST 76.01 FEET; THENCE DEPARTING SAID WESTERLY LINE, NORTH 39°40'17" WEST 26.04 FEET; THENCE NORTH 88055-26" WEST 18.47 FEET TO THE BEGINNING OF A TANGENT 637.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE WESTERLY 116.46 FEET THROUGH A CENTRAL ANGLE OF 10028'31" TO THE BEGINNING OF A 563.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 11°33'05" EAST; THENCE ALONG THE ARC OF SAID CURVE WESTERLY 102.93 FEET THROUGH A CENTRAL ANGLE OF 10028'31"; THENCE NORTH 88055'26" WEST 283.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 76028'21" WEST 34.96 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY 25.94 FEET THROUGH A CENTRAL ANGLE OF 37009'15" TO A POINT OF CUSP WITH A NON -TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 22029'34" EAST; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 44.13 FEET THROUGH A CENTRAL ANGLE OF 63"12'48"; THENCE SOUTH 04017'38" EAST 42.80 FEET; THENCE SOUTH 85042'22" WEST 57.58 FEET; THENCE SOUTH 34031'26" WEST 62.95 FEET TO THE BEGINNING OF A TANGENT 38.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; PAGE 1 OF 3 W2847\MAPPING\MAP\TR314550FFSITE PLATS\Legals=47O0&DRAIN-ROAD ACCESS 2.tlo. II II I I II I I III 111111 II 11 II "V _�' 2n1414°32A IIII II II I IIII III III I II 1111 �I 0@/10' [037 r& �EaR THENCE ALONG THE ARC OF SAID CURVE WESTERLY 48.28 FEET THROUGH A CENTRAL ANGLE OF 72048'00" TO A POINT OF CUSP WITH A NON -TANGENT 66.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE FROM SAID 66 FOOT RADIUS TO SAID POINT BEARS SOUTH 45033'07" EAST; THENCE ALONG THE ARC OF SAID CURVE NORTHERLY 61.82 FEET THROUGH A CENTRAL ANGLE OF 53040'07"; THENCE NORTH 09013'14" WEST 22.03 FEET; THENCE NORTH 01004'34" EAST 73.53 FEET TO A POINT HEREINAFTER KNOW AS POINT "A"; THENCE SOUTH 88055'26" EAST 45.07 FEET TO THE BEGINNING OF A NON -TANGENT 67.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 68025'15" EAST; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 23.92 FEET THROUGH A CENTRAL ANGLE OF 20°18'16", A RADIAL LINE TO SAID POINT BEARS NORTH 48-06-56" EAST; THENCE SOUTH 88055'26" EAST 115.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 0.316 ACRES, MORE OR LESS, PARCEL B - ROAD ACCESS EASEMENT COMMENCING AT POINT "A" AS DESCRIBED IN HEREIN PARCEL A ABOVE; THENCE NORTH 88055'26" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01004'34" WEST 97.66 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61005'11" A DISTANCE OF 42.65 FEET; THENCE SOUTH 60000'37" EAST 8.32 FEET TO A POINT ON THE WESTERLY LINE OF THE ABOVE DESCRIBED PARCEL "A" AND A POINT ON THE ARC OF A NON -TANGENT 66.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 62°10'52" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16037'45" A DISTANCE OF 19.16 FEET TO THE BEGINNING OF A NON -TANGENT 38.00 PAGE 20F3 Vt12847\MAPPING\MAP\TR31455\OFFSITE PLAI'S\LegaM2847-CS-0RAIN-ROAD ACCESS 2, doc II IIII II I I III III IIII II F,, '' .2A 4 R FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL, LINE TO SAID POINT BEARS SOUTH 17019'26" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18002'03" A DISTANCE OF 11.96 FEET TO A POINT OF COMPOUND CURVATURE WITH A 60.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 35021'29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55043'05" A DISTANCE OF 58.35 FEET; THENCE NORTH 01004'34" EAST 97.66 FEET; THENCE SOUTH 88055'26" EAST 20.00 TO THE TRUE POINT OF BEGINNING CONTAINS 0.07 ACRE, MORE OR LESS. SEE EXHIBIT'B' HEREON ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF, A. No. 6153 Exp. 03-31-08 _ ��rfd JAMES A._ DRENON DATE- L.S. 6153 EXPIRATION DATE 03/31/08 III I I� �I I III I I I II� ® I II� I I 05to"50op Q8:Q a PAGE 3OF3 V:\2847\MAPPING\MAP\TR314G5\OFFSI'I E PLATS\ pJW2847-OS-DRAIN-ROAD ACCC-SS 2.doo 111111 lillI I11 Hill I 1110704 016°of i ¢za �.1 Epi po �m m I C7 b M • w / / lam; PARCEL 0 na I tin Z I 0 RD BRIGGS d I� P Y Nz co m Sm 0> ooz z _ o U7 D NZ C4 Cn� O 4 ^ACANTHUS COURT] it n—\ u r o 1 m W_TW rw 7 �� ' w — - — - -- LINDENEERGER — POR. SE 1 /4 SEC. 25 ROAD--- --. PARCEL 1 PARCEL MAP NO. 21187 P.M.B. 136/3--4 I 11111111I IIIIII IN Ro f13 yF�R >l ■ U d SCALE: 1"@100' tip $N� 969 rn . • Y t . Y $gogooggogg� t IN Q� iU N GI ((yyi b w IN i W q 0 \\\ Cn L4 6' \ 87 i7 A � z -u m -u time m CA� 0 Ng�o N o, W o r cnt.wn„r"'.o�o�vmcrn�wGC�? r r r oNo"p�I©orno WN•. to W-. obi �. py�ON U'i .prn00 v'pz�wo �U� waa-���sosaw+..�nsu.p,a JWWa IV V 0p U O O�i� O�j Je V ` PNi A oNi OWo N II A�A W yZj g y,,wtirng mu�om4ao cyy� C LINDENBERGER--- ROAD I w �z II m II cn e� � D I I o7 z N ;9 00 a-UI III �"'. I . III _..IIiI.II II II II r� 19"O[i2014?-63' 0s'SOR: .., of 5 M X U7 ee 4L LARRY W. WARD Recorder " * COUNTY OF RIVERSIDE Riverside, CA 92502-0751 n ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 "arc �. www.riversideacr.coni Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: s w Name of Notary: a2.�,�-�I.G%Y'1{l� , V N Commission #: �J Place of Execution: e��✓�P� Date Commission Expires: s Date: Ilt Signature: Print Name:J gg 'c`'0EP-t0?12402 ACI218(P-A54R10 (Rev. 07/2005) ® C75II VL007 H8 TWA PLEASE COMPLETE THIS INFORMATION RECORDING REOERSTED EY. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FREE RECORDING This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should Be recorded without a fee pursuant to Govt. Code 6103. AND WHEN RECORDED MAIL TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET DOC a Z00606 0g54'7'57 Conformed Copy Has not, been compared with original Larry W Ward County o Riverside Assessor, County ClerR & Recorder Y AGREEMENT Title of Document PROJECT: Salt Creels - Trailhead Drive Storm Drain PROJECT NO: 4-0-00016 TRACT MAP NO: 31455 DEVELOPER: Shea Homes Limited Partnership THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RHCORD➢RS COVBII SHli➢T.DOC ($3.00 Additional Recording Fee Applies) II II I I II I I IN III III I II r17 CIIJi 10 Cifl©'4 2FI 1 2 3 4 5 e 7 s ` 7Q " 9 �w 10 11 12 13 14 ® 15 16 17 18, — 19� 20 21 22 23 24 25 26 27 28 Contract No. D b /I - ec-61/ Riverside Co. Transportation 1093246 COOPERATIVE AGREEMENT Salt Creek — Trailhead Drive Storm Drain (Tract No, 31455) The RIVERSIDE COUNTY FLOOD CONTROL AND WATER I CONSERVATION DISTRICT, hereinafter called "DISTRICT", the COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, hereinafter called "DEVELOPER", hereby agree as follows: RECITALS A. DEVELOPER has submitted for approval Tract No. 31455 in unincorporated western Riverside County and as a condition for approval DEVELOPER must construct certain flood control facilities in order to provide flood protection and drainage for DEVELOPER'S planned development; and B. The required flood control facilities include construction of (i) approximately 870 lineal feet of underground storm drain system and an associated outlet structure, hereinafter called "STORM DRAIN", as shown in concept in blue on Exhibit "A" attached hereto and made a part hereof, and (ii) approximately 300 lineal feet of underground storm drain system, hereinafter called "LATERAL", as shown in concept in red on Exhibit "A". Together, STORM DRAIN and LATERAL are hereinafter called "DISTRICT DRAINAGE FACILITIES". At its downstream terminus, STORM DRAIN drains into a privately maintained basin. At its downstream terminus, LATERAL also drains into the same privately maintained basin; and C. Associated with the construction of DISTRICT DRAINAGE FACILITIES, is the construction of certain catch basins, laterals and connector pipes located within COUNTY held casements or rights of way, hereinafter called "APPURTENANCES". Together, DEC 1 2 2006 i l I I 1693246 1 DISTRICT DRAINAGE FACILITIES and APPURTENANCES are hereinafter called 2 "PROJECT'; and 3 D. DEVELOPER and COUNTY desire DISTRICT to accept ownership and 4 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES. 5 Therefore, DISTRICT must review and approve DEVELOPER'S plans and specifications and 6 subsequently inspect the construction of DISTRICT DRAINAGE FACILITIES; and 7 y 8 E. DEVELOPER and DISTRICT desire COUNTY to accept ownership and C] 9 responsibility for the operation and maintenance of APPURTENANCES. Therefore, COUNTY 10 must review and approve DEVELOPER'S plans and specifications and subsequently inspect the 11 construction of APPURTENANCES; and 12 F. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and = 13 specifications for PROJECT, (ii) inspect the construction of DISTRICT DRAINAGE 14 FACILITIES, and (iii) accept ownership and responsibility for the operation and maintenance of — 15 16 DISTRICT DRAINAGE FACILITIES, provided DEVELOPER (i) complies with this 17 Agreement, (ii) pays DISTRICT the amounts specified herein to cover DISTRICT'S plan review 18 and construction inspection costs, (iii) constructs PROJECT in accordance with plans and s 19 specifications approved by DISTRICT and COUNTY, (iv) obtains all necessary permits, 20 regulatory permits, licenses and rights of entry as set forth herein, (v) accepts ownership and 21 responsibility for the operation and maintenance of PROJECT following completion of 22 PROJECT construction until such time as DISTRICT accepts ownership and responsibility for 23 24 the operation and maintenance of DISTRICT DRAINAGE FACILITIES and COUNTY accepts 25 ownership and responsibility for the operation and maintenance of APPURTENANCES, and (vi) 26 obtains and conveys to DISTRICT the necessary rights of way for the inspection, operation and 27 maintenance of DISTRICT DRAINAGE FACILITIES as set forth herein; and 28 -2- 109324_6 1 G. COUNTY is willing to (i) review and approve plans and specifications 2 prepared by DEVELOPER for PROJECT, (ii) inspect the construction of APPURTENANCES, 3 (iii) accept and hold faithful performance and payment bonds submitted by DEVELOPER for 4 DISTRICT DRAINAGE FACILITIES, (iv) grant DISTRICT the right to inspect, operate and 5 maintain DISTRICT DRAINAGE FACILITIES within COUNTY rights of way, (v) consent to 6 7 the recordation and conveyance of Irrevocable Offer(s) of Dedication furnished by 8 DEVELOPER as provided herein, and (vi) accept ownership and responsibility for the operation 9 and maintenance of APPURTENANCES, provided PROJECT is constructed in accordance with 10 plans and specifications approved by DISTRICT and COUNTY. 11 NOW, THEREFORE, the parties hereto mutually agree as follows: 12 SECTION I 13 DEVELOPER shall: 14 IS 1. Prepare PROJECT plans and specifications, hereinafter called 16 "IMPROVEMENT PLANS", in accordance with DISTRICT and COUNTY standards, and 17 submit to DISTRICT and COUNTY for their review and approval. 18 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 19 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by 20 DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS, 21 review and approval of right of way and conveyance documents, and with the processing and 22 administration of this Agreement. 23 24 3. Deposit with DISTRICT (Attention: Business Office — Accounts 25 Receivable), at the time of providing written notice to DISTRICT of the start of DISTRICT 26 DRAINAGE FACILITIES construction as set forth in Section L8. herein, the estimated cost of 27 providing construction inspection for DISTRICT DRAINAGE FACILITIES, in an amount as 28 3- II II I I III I III III1111111111111111 N7 E2 201416:32A 109324_6 1 determined and approved by. DISTRICT in accordance with Ordinance Nos. 671 and 749 of the 2 County of Riverside, including any amendments thereto, based upon the bonded value of 3 DISTRICT DRAINAGE FACILITIES. 4 4. [This Section Intentionally Left Blank.] 5 5. Secure, at its sole cost and expense, all necessary licenses, agreements, 6 7 permits and rights of entry as may be needed for the construction, inspection, operation and 8 maintenance of DISTRICT DRAINAGE FACILITIES. DEVELOPER shall furnish DISTRICT, 9 at the time of providing written notice to DISTRICT of the start of construction as set forth in 10 Section I.B., or not less than twenty (20) days prior to recordation of the final maps for Tract No. 11 31455 or any phase thereof, whichever occurs first, with sufficient evidence of DEVELOPER 12 having secured such necessary licenses, agreements, permits and rights of entry, as determined 13 and approved by DISTRICT. 14 15 6. Furnish DISTRICT with copies of all permits, approvals or agreements 16 required by any Federal or State resource and/or regulatory agency for the construction, 17 operation and maintenance of DISTRICT DRAINAGE FACILITIES. Such documents include 18 but are not limited to those issued by the U.S. Army Corps of Engineers, California Regional 19 Water Quality Control Board, California State Department of Fish and Game and State Water 20 Resources Control Board. 21 7. Provide COUNTY, at the time of providing written notice to DISTRICT of 22 23 the start of construction as set forth in Section I.S., or not less than twenty (20) days prior to 24 recordation of the final maps for Tract No. 31455 or any phase thereof, whichever occurs first, 25 with faithful performance and payment bonds, each in the amount of 100% of the estimated cost 26 for construction of DISTRICT DRAINAGE FACILITIES as determined by DISTRICT. The 27 surety, amount and form of the bonds shall be subject to the approval of DISTRICT and 28 -4- I 2014027MM II II 4 III IIIIII IIII I EI fa7 r 14 `ef1343 Fl 109324 6 I COUNTY. The bonds shall remain in full force and effect until DISTRICT DRAINAGE 2 FACILITIES are accepted by DISTRICT as complete; at which time the bond amount may be 3 reduced to 10% for a period of one year to guarantee against any defective work, labor or 4 materials. 5 8. Notify DISTRICT in writing (Attention: Administrative Services Section), 6 at least twenty (20) days prior to the start of construction of DISTRICT DRAINAGE 7 8 FACILITIES, Construction shall not begin on any element of DISTRICT DRAINAGE 9 FACILITIES, for any reason whatsoever, until DISTRICT has issued to DEVELOPER a written 10 Notice to Proceed authorizing DEVELOPER to commence construction of DISTRICT 11 DRAINAGE FACILITIES. 12 9. Grant DISTRICT, by execution of this Agreement, the right to enter upon 13 DEVELOPER'S property where necessary p p y and convenient for the purpose of gaining access to, 14 IS and performing inspection service for, the construction of DISTRICT DRAINAGE FACILITIES as set forth herein. 16 17 10. Obtain and provide DISTRICT, at the time of providing written notice to 18 DISTRICT of the start of construction of DISTRICT DRAINAGE FACILITIES as set forth in 19 Section I.B., or not less than twenty (20) days prior to the recordation of the final maps for Tract 20 No. 31455 or any phase thereof, whichever occurs first, with duly executed Irrevocable Offers(s) 21 of Dedication to the public for flood control and drainage purposes, including ingress and egress, 22 23 for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation 24 and maintenance of DISTRICT DRAINAGE FACILITIES, as shown in concept cross -hatched in 25 red on Exhibit "B" attached hereto and made a part hereof. The Irrevocable Offer(s) of 26 Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and 27 equitable owners of the property described in the offer(s). 28 -5- II II I1 11111111111111IN 111 HIM 11 Fl15 e£I Fi432F1 1093246 1 11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication 2 as set forth in Section I.10., with Preliminary Reports on Title dated not more than thirty (30) 3 days prior to date of submission of all the property described in the Irrevocable Offer(s) of 4 Dedication, 5 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 6 7 the start of construction as set forth in Section 1.8., with a complete list of all contractors and 8 subcontractors to be performing work on DISTRICT DRAINAGE FACILITIES, including the 9 corresponding license number and license classification of each. At such time, DEVELOPER 10 shall further identify in writing its designated superintendent for DISTRICT DRAINAGE 11 FACILITIES construction. 12 13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 13 the start of construction as set forth in Section IX, a construction schedule which shall show the 14 15 order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the 16 various parts of work, including estimated start and completion dates. As construction of 17 DISTRICT DRAINAGE FACILITIES progresses, DEVELOPER shall update said construction 18 schedule as requested by DISTRICT. 19 14. Furnish DISTRICT with final mylar IMPROVEMENT PLANS and assign 20 their ownership to DISTRICT prior to the start of DISTRICT DRAINAGE FACILITIES 21 construction. 22 23 15. Not permit any change to or modification of the IMPROVEMENT PLANS 24 without the prior written permission and consent of DISTRICT. 25 16. Comply with all Cal/OSHA safety regulations including regulations 26 concerning confined space and maintain a safe working environment for DEVELOPER and 27 DISTRICT employees on the site, 28 -6- II III! II I I III I16 II II II r 216{1 et� ¢2A 109324_6 1 17, Furnish DISTRICT, at the time of providing written notice to DISTRICT of 2 thestart of construction as set forth in Section I.8„ a confined space entry procedure specific to 3 DISTRICT DRAINAGE FACILITIES, The procedure shall comply with requirements 4 contained in California Code of Regulations, Title 8 Section 5158, Other Confined Space 5 Operations, Section 5157, Permit Required Confined Space and DISTRICT Confined Space 6 7 Procedures, SOM-18, The procedure shall be reviewed and approved by DISTRICT prior to the 8 issuance of a Notice to Proceed. 9 18. During the construction period of DISTRICT DRAINAGE FACILITIES, 10 provide Workers' Compensation Insurance in an amount required by law. A certificate of said 11 insurance policy shall be provided to DISTRICT and COUNTY at the time of providing written 12 notice pursuant to Section L8, 13 19. Commencing on the date notice is given pursuant to Section 1.8. and 14 15 continuing until DISTRICT accepts DISTRICT DRAINAGE FACILITIES for operation and 16 maintenance: 17 (a) Provide and maintain or cause its contractor(s) to provide and 18 maintain comprehensive liability insurance coverage which shall 19 protect DEVELOPER from claim from damages for personal injury, 20 including accidental and wrongful death, as well as from claims for 21 property damage which may arise from DEVELOPER'S construction 22 23 of PROJECT or the performance of its obligations hereunder, whether 24 such construction or performance be by DEVELOPER, by any of its 25 contractors, subcontractors, or by anyone employed directly or 26 indirectly by any of them, Such insurance shall name DISTRICT and 27 COUNTY as additional insureds with respect to this Agreement and 28 7- il 111111111111111111111111111IN III11111111111111 IN f,: ` to , f ¢rn 109324_6 1 the obligations of DEVELOPER hereunder. Such insurance shall 2 provide for limits of not less than two million dollars ($2,000,000) 3 per occurrence. 4 (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s), 5 who shall be authorized by the California Department of Insurance to 6 transact the business of insurance in the State of California, to furnish 7 8 DISTRICT and COUNTY at the time of providing written notice to 9 DISTRICT of the start of construction as set forth in Section IX, with 10 certificate(s) of insurance and applicable policy endorsements I showing that such insurance is in full force and effect and that 12 DISTRICT and COUNTY are named as additional insureds with 13 respect to this Agreement and the obligations of DEVELOPER 14 15 hereunder. Further, said certificate(s) shall state that the issuing 16 company shall give DISTRICT and COUNTY sixty (60) days written 17 notice in the event of any cancellation, termination, non -renewal or 18 reduction in coverage of the policies evidenced by the certificate(s). 19 In the event of any such cancellation, termination, non -renewal or 20 reduction in coverage, DEVELOPER shall, forthwith, secure 21 replacement insurance meeting the provisions of this paragraph. 22 23 Failure to maintain the insurance required by this paragraph shall be deemed 24 a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, 25 at its sole discretion, to proceed to perform the remaining work pursuant to Section IV.3. 26 27 28 II IIII IIII IN1111111111IIII 111 IC 3cH 1093246 1 20. Construct, or cause to be constructed, PROJECT at DEVELOPER'S sole 2 cost and expense in accordance with DISTRICT and COUNTY approved IMPROVEMENT 3 PLANS, 4 21. Within two (2) weeks of completing PROJECT construction, provide 5 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 6 7 construction is substantially complete and requesting that DISTRICT conduct a final inspection 8 of DISTRICT DRAINAGE FACILITIES. 9 22. Upon completion of PROJECT construction, and upon acceptance by 10 COUNTY of all street rights of way deemed necessary by DISTRICT and COUNTY for the 11 operation and maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT 12 DRAINAGE FACILITIES for ownership, operation and maintenance, convey, or cause to be 13 conveyed to DISTRICT flood control easement(s), including ingress and egress, in a form 14 15 approved by DISTRICT, for the rights of way as shown in concept cross -hatched in red on 16 Exhibit "B", 17 23. At the time of recordation of the conveyance doeument(s) as set forth in 18 Section 1.22, furnish DISTRICT with policies of title insurance, each in the amount of not less 19 than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each 20 easement parcel to be conveyed to DISTRICT p y ,guaranteeing DISTRICT'S interest in said 21 property as being free and clear of all liens, encumbrances, assessments, easements, taxes and 22 23 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are 24 deemed acceptable. 25 24. [This Section Intentionally Left Blank] 26 25. Accept ownership and sole responsibility for the operation and maintenance 27 of PROJECT until such time as DISTRICT accepts ownership and responsibility for operation 28 -9- I III II III III I IIII III IIIII III II III III Fes, r0 1311 , . f9 t011032A 109324_6 1 and maintenance of DISTRICT DRAINAGE FACILITIES and COUNTY accepts ownership 2 and responsibility for operation and maintenance of APPURTENANCES. Further, it is mutually 3 understood by the parties hereto that prior to DISTRICT acceptance of ownership and 4 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES, 5 PROJECT shall be in a satisfactorily maintained condition as solely determined by DISTRICT. 6 7 26. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 8 completion of DISTRICT DRAINAGE FACILITIES, all costs and reasonable expenses and 9 fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all 10 such costs, expenses and fees shall be computed as costs and included in any judgment rendered. 11 27. Upon completion of construction of PROJECT, but prior to DISTRICT 12 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, 13 DEVELOPER'S civil engineer of record or construction civil engineer of record, duly registered 14 IS in the State of California, shall provide DISTRICT a redlined "as -built" copy of 16 IMPROVEMENT PLANS. After DISTRICT approval of the redlined "as -built" drawings, 17 DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer the redlined changes 18 onto DISTRICT'S original mylars at DISTRICT'S office, after which the engineer shall review, 19 stamp and sign the original IMPROVEMENT PLANS "AS -BUILT". 20 28. Ensure that all work performed pursuant to this Agreement by 21 22 DEVELOPER, its agents or contractors is done in accordance with all applicable laws and 23 regulations, including but not limited to all applicable provisions of the Labor Code, Business 24 and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs 25 associated with compliance with applicable laws and regulations. 26 27 28 - 1I0 - I II II I I II I I III III it l I II ? 1 20 Q1 fl14 f ¢2R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1I DISTRICT shall: 109324_6 1. Review and approve IMPROVEMENT PLANS prior to the start of DISTRICT DRAINAGE FACILITIES construction. 2. Provide COUNTY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT'S final approval. 3. Upon execution of this Agreement, record or cause to be recorded, a copy of this Agreement in the Official Rebords of the Riverside County Recorder. 4. Record, or cause to be recorded, the Irrevocable Offer(s) of Dedication provided by DEVELOPER pursuant to Section I.10. 5. Inspect DISTRICT DRAINAGE FACILITIES construction. 6. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS, the review and approval of right of way and conveyance documents and the processing and administration of this Agreement. 7. Keep an accurate accounting of all DISTRICT construction inspection costs, and within forty-five (45) days after DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section 1.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES as being complete. If at any time the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amount(s), as deemed reasonably necessary by DISTRICT to complete inspection of DISTRICT DRAINAGE FACILITIES, within thirty (30) days after receipt of billing from DISTRICT. I I! -11- fl III III III I I III IIII 111111111111 II q,�c 1210 f124 109324_6 1 8. Accept ownership and sole responsibility for the operation and maintenance 2 of DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of PROJECT 3 construction as being complete, (ii) recordation of all conveyance documents described in 4 Section 1.22., and (iii) acceptance by COUNTY of all necessary street rights of way as deemed 5 necessary by DISTRICT and COUNTY for the operation and maintenance of PROJECT. 6 7 9. Provide COUNTY with a reproducible duplicate copy of "as -built" 8 IMPROVEMENT PLANS upon DISTRICT acceptance of DISTRICT DRAINAGE 9 FACILITIES as being complete. 10 SECTION III 11 COUNTY shall; 12 1. Review and approve IMPROVEMENT PLANS prior to the start of 13 PROJECT construction. 14 15 2. Accept COUNTY and DISTRICT approved faithful performance and 16 payment bonds submitted by DEVELOPER as set forth in Section I.7., and hold said bonds as 17 provided herein. 18 3. Inspect construction of APPURTENANCES. 19 4. Consent, by execution of this Agreement, to the recording of any 20 Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement. 21 5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication 22 23 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 24 inspection, operation and maintenance of DISTRICT DRAINAGE FACILITIES, and, pursuant 25 to the authority granted by County of Riverside Resolution No. 2005-291, convey sufficient 26 rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain 27 DISTRICT DRAINAGE FACILITIES. 28 -12-i II IIIIIIIIIIII Ili III�III�II�IIIII� 201`9oPi 4en 109324 6 1 6. Grant DISTRICT, by execution of this Agreement, the right to construct, 2 inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within COUNTY rights of 3 way as set forth herein. 4 7. Accept ownership and sole responsibility for the operation and maintenance 5 of APPURTENANCES upon DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES 6 as being complete. 7 8. Not grant any occupancy permits for any units within any portion of Tract 9 No. 31455, or any phase thereof, until construction of PROJECT is complete, unless otherwise 10 approved in writing by DISTRICT. 11 SECTION IV 12 13 It is further mutually agreed: 14 1. All work involved with DISTRICT DRAINAGE FACILITIES shall be 15 inspected by DISTRICT and shall not be deemed complete until approved and accepted in 16 writing as complete by DISTRICT. 17 2. COUNTY and DEVELOPER personnel may observe and inspect all work 18 19 being done on DISTRICT DRAINAGE FACILITIES, but shall provide any comments to 20 DISTRICT personnel who shall be solely responsible for all quality control communications 21 with DEVELOPER'S contraetor(s) during the construction of DISTRICT DRAINAGE 22 FACILITIES. 23 3. DEVELOPER shall complete construction of DISTRICT DRAINAGE 24 FACILITIES within twelve (12) consecutive months after execution of this Agreement and 25 within ninety (90) consecutive calendar days after commencing work on DISTRICT 26 27 DRAINAGE FACILITIES. It is expressly understood that since time is of the essence in this 28 13- IIIIIIIIII Illlf 91 IIIIIIIIIIIII 11111111111111 �,,�21, �14 1093246 1 Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall 2 constitute authority for DISTRICT to perform the remaining work and require DEVELOPER'S 3 surety to pay to COUNTY the penal sum of any and all bonds. In which case, COUNTY shall 4 subsequently reimburse DISTRICT for DISTRICT costs incurred. 4. [This Section Intentionally Left BlanL] 6 7 5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed 8 within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in 9 Section IX; however, DISTRICT'S construction inspection staff is limited and, therefore, the 10 issuance of a Notice to Proceed is subject to staff availability, I I In the event DEVELOPER wishes to expedite issuanc e of a Notice to 12 Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at 13 DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation 14 15 of the individual's credentials and experience to DISTRICT for review and, if appropriate, 16 approval. DISTRICT shall review the individual's qualifications and experience and, upon 17 approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be 18 authorized to act on DISTRICT'S behalf on all DISTRICT DRAINAGE FACILITIES 19 construction and quality control matters. If DEVELOPER'S initial construction inspection 20 deposit furnished pursuant to Section 1.3. exceeds ten thousand dollars ($10,000), DISTRICT 21 22 shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER'S initial inspection 23 deposit within forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR; 24 however, aminimurn balance of tenthousaDd dollars ($10,000) shall be retained on account. 25 6. DISTRICTI)RAINAGE FACILITIES construction work shall be on a five 26 (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT 27 designated legal holidays, unless otherwise approved in writing by DISTRICT. If DEVELOPER 28 -14- 2014-027SID4 N ',�M, F 0 14 IF, A 1111 IN 11111 11� 111111111 IN 24 f :� 1093246 1 feels it is necessary to work more than the normal forty (40) hour work week or on holidays, 2 DEVELOPER shall make a written request for permission from DISTRICT to work the 3 additional hours. The request shall be submitted to DISTRICT at least seventy-two (72) hours 4 prior to the requested additional work hours and state the reasons for the overtime and the 5 specific time frames required. The decision of grantin g g permission for overtime work shall be 6 7 made by DISTRICT at its sole discretion and shall be final. If permission is granted by DISTRICT, DEVELOPER will be charged the cost incurred at the overtime rates for additional 9 inspection time required in connection with the overtime work in accordance with Ordinance 10 Nos. 671 and 749, including any amendments thereto, of the County of Riverside. 11 7. In the event that any claim, proceeding or legal action is brought against 12 DISTRICT or COUNTY related to this Agreement because of the actual or alleged acts or 13 omissions by DEVELOPER, its agents or contractors (including but not limited to design, 14 15 construction or failure of PROJECT), or because of the actual or alleged failure of 16 DEVELOPER, it agents or contractors to comply with the requirements of this Agreement, 17 DEVELOPER shall defend, indemnify and hold DISTRICT and COUNTY harmless therefrom, 18 without cost to DISTRICT or COUNTY. Upon DEVELOPER'S failure to do so, DISTRICT and 19 COUNTY shall be entitled to recover from DEVELOPER all of their costs and expenses, 20 including, but not limited to, reasonable attorneys' fees. 21 22 8. DEVELOPER shall defend, indemnify and hold DISTRICT and COUNTY, 23 their respective officers, agents, employees and independent contractors free and harmless from 24 any claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the 25 California Constitution, the Fifth Amendment of the United States Constitution, or any other law 26 or ordinance which seeks to impose any other liability or damage caused by the diversion of the 27 waters from the natural drainage patterns, save and except claims and litigation arising through 28 -15- II 11111111111111111111111111111111111111111111111 II 0, 23TOJ4199 2A 109324_6 I the negligence or willful misconduct of DISTRICT or COUNTY, which claims shall be shared 2 by the parties on a pro rata basis based on their respective responsibilities. DEVELOPER shall 3 defend DISTRICT and COUNTY without cost to DISTRICT or COUNTY, and upon 4 DEVELOPER'S failure to do so, DISTRICT and COUNTY shall be entitled to recover from 5 DEVELOPER all of their costs and expenditures, including, but not limited to, reasonable 6 attorneys' fees. 7 8 9. DEVELOPER for itself, its successors and assigns hereby releases 9 DISTRICT and COUNTY, their respective officers, agents, and employees from any and all 10 claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, 11 present or future, including, but not limited to any claim or liability, based or asserted, pursuant 12 to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States 13 Constitution, or any other law or ordinance which seeks to impose any other liability or damage, 14 15 whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing 16 contained herein shall constitute a release by DEVELOPER of DISTRICT or COUNTY, their 17 officers, agents and employees from any and all claims, demands, actions or suits of any kind IS arising out of any liability, known or unknown, present or future, for the negligent maintenance 19 of PROJECT, after the acceptance of DISTRICT DRAINAGE FACILITIES and 20 APPURTENANCES by DISTRICT and COUNTY, respectively, 21 10. Any waiver by DISTRICT or by COUNTY of any breach of any one or 22 23 more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or 24 other breach of the same or of any other term hereof. Failure on the part of DISTRICT or 25 COUNTY to require exact, full and complete compliance with any terms of this Agreement shall 26 not be construed as in any manner changing the terms hereof, or estopping DISTRICT or 27 COUNTY from enforcement hereof. 28 -16- 1111111111 IN 11111111111111111111111©. �i22S14f1 4fR 21 3 4' 5' 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I of California. 1093246 11. [This Section Intentionally Left Blank.] 12. This Agreement is to be construed in accordance with the laws of the State 13. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 SHEA HOMES LIMITED PARTNERSHIP 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 Attn: Jim Holas COUNTY OF RIVERSIDE Post Office Box 1090 Riverside, CA 92502-1090 Attn: Transportation Department 14. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 15. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance, Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. 16. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees. 17. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the written consent of the other parties hereto being first obtained. In the event of any such transfer or assigmnent, DEVELOPER I -17- II II I I II I II III 111111111111111111 II 22 .©�t ,i 4�2R 109324 6 1 expressly understands and agrees that it shall remain liable with respect to any and all of the 2 obligations and duties contained in this Agreement. 3 18. The individual(s) executing this Agreement on behalf of DEVELOPER 4 hereby certify that they have the authority within their respective company(ies) to enter into and 5 execute this Agreement, and have been authorized to do so by any and all boards of directors, 6 7 legal counsel, and or any other board, committee or other entity within their respective 8 company(ies) which have the authority to authorize or deny entering this Agreement. 9 19. This Agreement is intended by the parties hereto as a final expression of 10 their understanding with respect to the subject matter hereof and as a complete and exclusive 11 statement of the terms and conditions thereof and supersedes any and all prior and 12 contemporaneous agreements and understandings, oral or written, in connection therewith. This 13 Agreement may be changed or modified only upon the written consent of the parties hereto. 14 /1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -18- �! II III IIIIIII IIII�lII 111I111IN { '2E14f1A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 109324_6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on DEC 1 2 2096 (to be filled in by Clerk of the Board) RECOMMEND F APPROV By .., � � WARREN D. WILLIAMS General Manager -Chief Engineer Juan C. Perez Deputy Director of Transportation RE OMMENDED FOR APPROVAL: By �'✓�. �A. JOHNSON�JOHNSONN Director of Transportation APPROVED AS TO FORM: JOE S. RANK County Co se' B y NE L KIPNIS DeputyCountyCounsel Dated Cooperative Agreement: TR 31455 JPS:blj 10/31/06 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By ~ 2 MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: NANCY ROMERO Clerk of the Board) B_�rC9/Y�L Deputy (SEAL.) By e14 VERSIDE BOB BUSTER, Chairman County of Riverside Board of Supervisors ATTEST: NANCY ROMERO Clerk of the Board By �-�', •r-� GCS. �-;���; CPS �� Deputy (SEAL) -19- li II III III III III IIII III III II bl, r�19 f 4r1R 2R Dk C .t 2 2006 State of California ) ) S,S. County of Riverside ) On November 14, 2006 before me, Helene Gula, Notary Public, personally appeared Michael O'Melveny and Michael Ciauri, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature_�,Q4!p„�.s_ ti�_ (SEAL) HELENE GULA Commission # 1496570 Notary pubfle - Cailfornia Riverside County My Comm. 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