2013/01/08 Lake Elsinore, City Holland Rd Improvements COOPERATIVE AGREEMENT BY AND BETWEEN CITY OF
LAKE ELSINORE AND CITY OF MENIFEE FOR IMPROVING
A SECTION OF HOLLAND ROAD
This Agreement is entered into this day of January, 2013, by and between the City of Lake
Elsinore, (hereinafter "Lake Elsinore"), and the City of Menifee (hereinafter "Menifee"), for the
provision of certain activities related to improvements to a section of Holland Road located
within the jurisdictional boundaries of Menifee and Lake Elsinore.
RECITALS
A. Holland Road has been an official part of the Riverside County Road System maps for
more than fifty years. Prior to incorporation into the respective cities, the road was maintained
by the County of Riverside. At various times, it was a combination of paved and unpaved.
B. Over time, as the areas accessed by Holland Road developed, sections of the road were
paved, widened and otherwise improved. At this time, of the approximately six miles of Holland
Road between Railroad Canyon Road on the west in Lake Elsinore and Interstate 215 on the east
in Menifee, all is paved but for an approximately one quarter mile portion straddling the
jurisdictional boundary of Lake Elsinore and Menifee. The unpaved portion shall be referred to
as the "Road Segment" and is depicted in Exhibit A. The parties have determined that some
portions of the Road Segment are subject to long-standing public prescriptive easements
constituting an implied dedication on behalf of the adjoining and underlying property owners,
while other portions of the Road Segment have been formally dedicated for street and highway
purposes.
C. Within Lake Elsinore adjacent to the city limits with Menifee, the Canyon Hills master
planned community ("Canyon Hills") has been developed and continues to be developed.
Holland Road (Canyon Hills Road) bisects Canyon Hills and serves as a major arterial road
connecting Canyon Hills to Railroad Canyon Road. In conjunction with the development of
Canyon Hills, most of Holland Road (renamed Canyon Hills Road) has been improved as a 4
lane divided road from Railroad Canyon Road to approximately .8 mile west of the Menifee city
limits. At that point it reduces to a two lane paved road until approximately .15 mile west of the
Menifee City Limits, at which point the Road Segment begins and continues unpaved for another
.10 mile into Menifee, when it again becomes a two lane paved road.
D. Easterly from Canyon Hills, Holland Road (including the Road Segment) is the only
access into or out of Canyon Hills other than Canyon Hills Road. In August 2012, Menifee
Union School District opened a new elementary school on Canyon Hills Road approximately 1
mile west of the Lake Elsinore city limit. The school was developed to serve students generated
by Canyon Hills in Lake Elsinore. However, it also serves students in Menifee, whose primary
access to the school is Holland Road via the Road Segment.
E. Canyon Hills was originally entitled as Cottonwood Hills in the 1980's. In order to
partially mitigate traffic impacts, the Mitigation Monitoring Plan for the Cottonwood Hills
Specific Plan EIR and Cottonwood Hills Project Conditions of Approval adopted by the Lake
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Elsinore City Council for the development ("the Project Conditions") obligates the developer to
construct Holland Road from the eastern project boundary to the existing pavement (currently in
Menifee, formerly in the County of Riverside).
F. Lake Elsinore and Menifee desire to implement the Project Conditions/Mitigation
Measures and cause the Road Segment to be paved and improved in accordance with the
Riverside County Standard Plans which the parties have determined to be 3 inches of compacted
asphalt on 6 inches of compacted, class II base (the "Road Segment Project"). Attached as
Exhibit A is a design summary of the Road Segment which the parties agree will satisfy the
Project Conditions.
G. Pardee Homes ("Pardee"), the current developer of Canyon Hills, is ready and willing to
construct the Road Segment Project in accordance with the Project Conditions as agreed to by
the parties and as directed by Lake Elsinore. Pardee has obtained a qualified bid to complete the
Road Segment Project (Exhibit B) for a project cost of$89.622.30.
H. Lake Elsinore and Menifee desire to have Lake Elsinore serve as lead agency for the
overall implementation of the Road Segment Project and Lake Elsinore will therefore provide
the administrative, technical, managerial services necessary to complete the Road Segment
Project.
I. Lake Elsinore and Menifee desire to define herein the terms and conditions under which
the Road Segment Project is to be administered, coordinated, managed, constructed and
financed. Particularly, Menifee agrees to coordinate all approvals necessary to construct the
portion of the Road Segment Project within its jurisdiction.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
SECTION 1 LAKE ELSINORE AGREES:
I. To coordinate utility relocations for the Road Segment Project, if necessary.
2. To cause Pardee to undertake construction of the Road Segment Project in accordance
with the terms set forth in Section 3, Paragraph 2, below and to obtain from Lake Elsinore and
Menifee necessary permits and approvals.
3. To cause Pardee to maintain in force, until completion and acceptance of the Road
Segment Project, a policy of Contractual Liability Insurance, including coverage of Bodily Injury
Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit
coverage, and a policy of Automobile Liability Insurance in the amount of$1,000,000 minimum.
Endorsements to each policy shall be required which name Menifee and Lake Elsinore and their
respective officers, agents and employees as additionally insured. Lake Elsinore shall also
require Pardee to maintain Worker's Compensation Insurance.
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4. To furnish Menifee one complete set each of full-sized electronic, as built drawings, in
PDF format and all contract records, including survey documents in PDF format.
5. Lake Elsinore shall be financially responsible for fifty percent (50%) of the project cost
of the Road Segment Project in the amount of Forty-Four Thousand Eight Hundred Eleven and
15/100 ($44,811.15).
SECTION 2 MENIFEE AGREES:
1. To provide at no cost to the Road Segment Project, oversight of the Road Segment
Project segments within Menifee, to provide prompt reviews and approvals, as appropriate, of
submittals by Pardee, and to cooperate in timely processing of the Road Segment Project.
2. To issue, at no cost to Lake Elsinore or Pardee, upon proper application, an encroachment
permit authorizing entry onto Menifee's right-of-way to perform survey and other investigative
activities required for preparation of, and construction of the Road Segment Project.
3. To provide at no cost to the Pardee, a representative to coordinate and assist Lake
Elsinore and Pardee during the construction and to verify facilities are constructed as required by
this Agreement.
4. Menifee shall be financially responsible for fifty percent (50%) of the project cost of the
Road Segment Project and shall immediately upon execution of this Agreement pay to Lake
Elsinore Forty-Four Thousand Eight Hundred Eleven and 151100 ($44,811.15).
SECTION 3 LAKE ELSINORE AND MENIFEE MUTUALLY AGREE AS FOLLOWS:
1. The Recitals set forth above at the beginning of this Agreement are incorporated herein
by this reference.
2. The Road Segment Project shall be undertaken in accordance with Exhibits A and B and
shall comply with the Riverside County Standard Plans which the parties have determined to be
3 inches of compacted asphalt on 6 inches of compacted, class II base.
3. Ownership and title to all materials, equipment, and appurtenances installed as part of
this Agreement will automatically be vested with the jurisdiction in which the improvements
reside and no further agreement will be necessary to transfer ownership.
4. Each Party shall be responsible for maintenance of the improvements provided by the
Road Segment Project within their respective jurisdictions.
5. In the event that either party defaults in the performance of any of its obligations under
this Agreement or materially breaches any of the provisions of this Agreement, the non-
defaulting party shall have the option to terminate this Agreement upon 30 days written notice.
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6. In the event any action is commenced to enforce or interpret any term or condition of this
Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to
reasonable attorney's fees.
7. Neither Menifee nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by Lake Elsinore under or
in connection with any work, authority or jurisdiction delegated to Lake Elsinore under this
Agreement. It is further agreed that pursuant to Government Code Section 895.4, Lake Elsinore
shall fully indemnify, defend and hold Menifee harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by Lake Elsinore under or in connection with any work, authority or jurisdiction
delegated to Lake Elsinore under this Agreement.
8. Neither Lake Elsinore nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by Menifee under
or in connection with any work, authority or jurisdiction delegated to Menifee under this
Agreement. It is further agreed that pursuant to Government Code Section 895.4, Menifee shall
fully indemnify, defend and hold Lake Elsinore harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by Menifee under or in connection with any work, authority or jurisdiction delegated
to Menifee under this Agreement.
9. Other than Pardee, nothing in the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not parties to this Agreement or affects the legal
liability of either party to the Agreement by imposing any standard of care with respect to the
maintenance of roads different from the standard of care imposed by law.
10. This Agreement and the Exhibits herein contain the entire agreement between the parties,
and are intended by the parties to completely state the agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any party in relation
thereto, not expressly set forth in this agreement, is null and void.
11. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by both parties and no oral understanding or agreement not incorporated
herein shall be binding on either party hereto.
12. Each provision, term, condition, covenant and/or restriction in this Agreement shall be
considered severable. In the event that any provision, term, condition, covenant and/or
restriction, or part thereof is declared invalid, unconstitutional or void for any reason, such
provision or part thereof shall be severed from this Agreement and shall not affect the remainder
of the Agreement, which shall continue in full force and effect.
13. This Agreement may be executed in duplicate originals, each of which is deemed to be an
original.
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14. All notices permitted or required under this Agreement shall be deemed made when
delivered to the applicable party's representative as provided in this Agreement. Such notices
shall be mailed or otherwise delivered to the addresses set forth below, or at such other address
as the respective parties may provide in writing for this purpose:
City of Lake Elsinore City of Menifee
130 South Main Street 29714 Haun Road
Lake Elsinore, CA 92530 Menifee, CA 92586
Attn: City Clerk Attn: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours
after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable
address.
City of e El ' re City of Ynif e
obert E. agee Scott A. Mann
Mayor Mayor
VI�tt st:c , , Attest:
Virginia om Kathy Bennett
City Clerk City Clerk
Approved as to form:
Approved as to form:
r"
. ie H. Bigg
ara Leibo City Attorney
City Attorney
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EXHIBIT A
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EXHIBIT B
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Hillcrest Contracting Inc. 1467 Circle City Drive.
98
GENERAL ENGINEERING CONTRACTORS CorP.Oona,
Box 91
Corona, CA 91718-1898
License No.471664A Telephone (951) 273-9600
Riverside,San Bernadino,Orange,Los Angeles&San Diego Counties Fax (951) 273-960
To: KEITH LEDBETTER Date: 9/25/2012
PARDEE HOMES From: JAMES WONG
1385 OLD TEMESCAL ROAD Quote No. 2737
CORONA,CA 92881
Phone (951) 817-3400 FAX: (951)739-0484
We propose to furnish you labor and material in strict accordance with the plans and specifications as follows:
HOLLAND ROAD IMPROVEMENTS
LAKE ELSINORE, CA
Item No. Description Quantity U/M UnitPrice Total Price
Schedule 1
1 1 TRAFFIC CONTROL SHUT DOWN 1 LS 1,075.00 1,075.00
1 2 SCARIFY, MOISTURE, RE-COMPACT 35,610 SF 0.27 9,614.70
1 3 RMV EX. PAVEMENT 7,250 SF 0.58 4,205.00
1 4 3"AC/6"AB PAVEMENT 35,610 SF 1.98 70,507.80
1 5 DOUBLE YELLOW STRIPING 1,290 LF 0.62 799.80
1 6 W5-1(CA) ROAD NARROWS 2 EA 285.00 570.00
1 7 W2-2(CA) 2 EA 285.00 570.00
1 8 W1-8(CA) 8 EA 285.00 2,280.00
Total for Schedule 1 $89,622.30
Total Proposal Price: $89,622.30
Conditions:
1 . Engineering, Survey, testing, permits or inspection fees by others.
2. Water is to be furnished to an onsite source by others; applying water is included.
3. THE PRICES ON THIS QUOTE ARE GOOD THRU: 12/31/12.
4. Hillcrest Contracting requires our conditions in the contract.
5. Complete closure of Holland Road to perform improvements.
6. Scarify to 12", moisture condition and recompact.
7. Traffic control by MUTCD.
Exclusions:
1 . Excess dirt spoils required to export will be on time and materials.
2. Advanced warning to public by owner. Portable CMS may be provided by Hillcrest if requested.
3. Traffic control plan or permits.
Submitted by: Date:
Accepted by: Date:
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