2011/11/22 Riverside, County Funding Transmittal Agreement, Dept of Transportation Contract No. //—/z9'(2OS�
Riverside Co. Transportation
FUNDING TRANSMITTAL AGREEMENT
BY AND BETWEEN THE COUNTY OF RIVERSIDE
ON BEHALF OF THE TRANSPORTATION DEPARTMENT
AND
CITY OF MENIFEE
THIS AGREEMENT is made and entered into this day of Iyf 1Y17{NI '
2011, by and between the County of Riverside, a political subdivision of the State of California
(County), on behalf of its Transportation Department, and the City of Menifee, a newly
incorporated City within the boundaries of the County of Riverside, and is made with reference
to the following background facts and circumstances:
WHEREAS, the County of Riverside, as a Condition of Approval for various proposed
tract developments, required developers construct certain improvements, or submit a cash-in-
lieu deposit with County if current construction of the required improvement was not feasible;
and,
WHEREAS, the affected property and proposed construction were within the
unincorporated area of County when developer(s) filed their tract maps and the Conditions of
Approval were approved by County; and,
WHEREAS, the required improvements have not yet been built which has created a
source of funds with which to construct such projects when the project build-out is feasible; and,
WHEREAS, the developer's property and the required improvement is now within the
newly incorporated boundaries of City; and,
WHEREAS, County desires to transmit the cash-in-lieu deposit(s) to City, subject to the
condition that the deposits be used for the construction of the required improvement(s).
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the parties do agree as follows:
1. The above referenced Recitals are incorporated herein.
2 The understanding embodied in this Agreement is for the transmittal of funds by
County to City to be used solely toward the construction of those improvement project(s) that
have been identified in the Conditions of Approval applicable to developer projects as set forth
in Attachment A hereto, and incorporated herein by this reference.
3. City incorporated and began operation as a City according to all applicable rules,
regulations and laws of the State of California as of October 1, 2008.
4. It is the Agreement between County and City that the total funds to be
transmitted to City is $2,921,246.37, as allocated to each project as set forth in Attachment A.
5. Upon transmittal of the funds noted herein, City shall be solely responsible for
retention/handling of such funds until the listed project(s) are constructed.
NOV 22 2011 31�
6. The parties agree that should circumstances arise which result in additional work
or costs for the project(s) not covered by the funds transmitted herewith, City shall be solely
responsible to deal with the project costs.
7. City shall maintain an accounting of all funds received from County pursuant to
this Agreement in accordance with generally accepted accounting principles. City agrees to
keep all project records for a period of not less than three years from the date a notice of
completion is filed by the City on such projects; or, if the projects are not ones as to which a
notice of completion would normally be recorded, for three years from the date of completion.
City shall permit County or any other appropriate government agency, at any reasonable time,
upon reasonable notice, to inspect any records maintained in connection with the funds and
project(s). County shall have no duty to make any such inspection and shall not incur any
liability or obligation by reason of making or not making any such inspection.
8. No waiver of any event of default or breach by one party hereunder shall be
implied from any omission by the other party to take action on account of such default, and no
express waiver shall affect any default other than the default specified in the waiver and the
waiver shall be operative only for the time and to the extent therein stated. Waivers of any
covenant, term, or condition contained herein shall not be construed as a waiver of any
subsequent breach of the same covenant, term or condition. The consent or approval by one
party to or of any act by the other party shall not be deemed to waive or render unnecessary
the consent or approval to or of any subsequent or similar act.
9. Neither County 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 City under or
in connection with any work, authority or jurisdiction delegated to City under this Agreement. It
is further agreed that pursuant to Government Code Section 895.4, City shall fully indemnify and
hold County 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 CITY under or in
connection with any work, authority or jurisdiction delegated to City under this Agreement.
10. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by voluntary negotiations between the parties shall first be decided by the County
Transportation Director or designee, who may consider any written or verbal evidence submitted
by City. This decision shall be issued in writing. However, no action in accordance with this
Section shall in any way limit either party's rights and remedies through actions in a court of law
with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by County will
excuse City from performance in accordance with the terms of this Agreement.
11. City warrants that all aspects of the handling of the funds hereunder and the
project(s) associated therewith shall be undertaken in compliance with all applicable local, state
and federal rules, regulations and laws.
12. This Agreement may not be assigned without the express written consent of
County first being obtained.
13. City, its successors in interest and assigns shall be bound by all the provisions
contained in this Agreement.
14. City warrants that the funds received by City pursuant to this Agreement shall
only be used in a manner consistent with the listing of project(s) set forth in Attachment A, and
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all applicable regulations and laws. Any provision required to be included in this type of
agreement by federal or state law shall be deemed to be incorporated into this Agreement.
15. All notices or other communications required or permitted hereunder shall be in
writing and shall be either personally delivered (which shall include delivery by means of
professional overnight courier service which confirms receipt in writing, such as Federal Express
or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt;
or sent by certified or registered mail, return receipt requested, postage prepaid to the following
parties at the following addresses or numbers:
If to Agency: Juan C. Perez, Director
Riverside County Transportation Department
4080 Lemon Street, 81" Floor
P.O. Box 1090
Riverside, CA 92502-1090
Telephone: (951) 955-6740
Fax.: (951) 955-3198
If to City: Kathy Bennett, City Clerk
City of Menifee
29714 Haun Rd
Menifee, CA 92586
Telephone: (951) 672-6777
FAX No.: (951) 679-3843
Notices sent in accordance with this paragraph shall be deemed delivered upon the next
business day following the: (i) date of delivery as indicated on the written confirmation of
delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally
delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine);
or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail,
return receipt requested. Notice of change of address shall be given by written notice in the
manner detailed in this paragraph.
16. This Agreement and the attachments hereto contain the entire agreement
between the parties, and is intended by the parties to completely state the agreement in full.
Any agreement or representation respecting the matter dealt with herein or the duties of any
party in relation thereto, not expressly set forth in this Agreement, is null and void.
17. If any term, provision, condition, or covenant of this Agreement, or the application
thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of the instrument, or the application of such term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected thereby and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
18. In the event either party hereto brings an action or proceeding for a declaration of
the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action
arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in
any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in
`V
such action or proceeding, in addition to any other damages or relief awarded, regardless of
whether such action proceeds to final judgment.
19. This Agreement and all documents provided for herein shall be governed by and
construed in accordance with the laws of the State of California. Any litigation arising from this
Agreement shall be adjudicated in the courts of Riverside County, State of California.
20. City warrants that the execution, delivery and performance of this Agreement and
any and all related documents are duly authorized at time of execution and do not require the
further consent or approval of any body, board or commission or other authority.
21. This Agreement may be executed in one or more counterparts and when a
counterpart shall have been signed by each party hereto, each shall be deemed an original,
but all of which constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their duly authorized representatives on this date:
ATTEST COUNTY OF RIVERSIDE
By 1Or By:
Clerk to th oard airman, oard of Supervisors
V60, "-um BOB BUSTER
ATTEST: CITY OF MMEENIFEE
By: _ lgmgq By: OAC
Mayor-
FORM
,/A�PPR'O/VE�1D COUNTY COUNSEL
BY:� (/JGe° 6 ll(�Il(
P ARS A L. VICTOR DATE
NDV 2 2 2011 14
Attachment A
TRANSPORTATION DEPARTMENT
�F CASH IN LIEU-CITY OF MENIFEE
_ 20000-31301000DO-230106
UPDATED 03/24/11
LENGTH PARENT TRANSACTION
DEVELOPER SCOPE OF WORK STREET NAMES CROSS STREETS OF WORK ADDRESS PROJECT TIP IP DEPOSITS DATE
567 San Nicloas Suite 180 Newport Beach,
11 Warminton Land Company Half Median Projects Menifee Road Loretta Ave to Evans Road 700' CA 92660(949)640-2104 TR29409 IP020052 52,409.83 08/14/03
2 Park Plaza,Suite 700 Old Newport to
12 a Granite Homes Irvine,CA 92614 32'pvmt C&G/Sdwk Lindenberger Road 600'north 1,100' 020074 TR29837 64,668.00 08/21/03
5927 Priestly Drive#200
25 D.R.Horton-Continental Landscape Briggs Road Old Newport Rd to 309 We Angler 1.200- Carlsbad,CA 92008 TR29837 IP020074 249,003.00 06/24/04
25 Enterprise TR28504-1 IP02010B
27 ILennar Homes Right of Way Thornton Ave 700'w/o Amber Rock to 1 DO'w/o 600' Aliso Viejo,CA 92656 TR28504-2 IP020109 45,570.00 07/07/04
255 East Rincon Street,Ste 100 Corona,
26 Scott 151 Development LLC Half Median Projects Scott Road 609 w/o Mira St to Mira St 600' CA 92879 TR29259 IP020187 112,452.49 07/06/04
MediantRoad Imp; Med:300'n10 Oakhurst to 300'rJo Woodside Med:1,000' 16845 Von Karmen Ste 100 San
28 Richmond American C&G/Sdwk 12'paving Mc Call Blvd Way Road:300'We Woodside Way Road:78' Diego,CA 92130 TR30002 IP020173 163,447.83 07/07/04
391 N.Main St.,Ste 300
49 Lennar Homes Half Median Projects Newport Winterhawk to Evens 1,300' Corona,CA 92880 TR30040-5 IP030108 50,661.44 05/05/05
K.Hovnanian Forecast Homes 3536 Conoours 8320 Ontario,CA
39 Inc Half Median Projects Holland Road Med:200'w/o Red Fox to 109 a/o 300' 91764 TR30064 IP030118 34,682.42 01/27/05
K.Hovnanian Forecast Homes 40925 County Center Dr. 8110
63 Inc C&G/Sdwk,HCP Ramp Red Fox Road Curb Return®Holland Road 60' Temecula,CA 92591 TR30064 IP030118 14,406.17 07/20/05
200 E.Rinoon St,Ste 200 Corona,
38 Standard Pacific Homes Half Median Projects Menifee Road 2,600's/o McCall Blvd to McCall 2,600' CA 92879 TR30705-1 IP0301301 221,827.00 01/20/05
3655 Placentia Ln Lot 15;Riverside,CA
35 Prestige Gunite of Cal Inc. C&G/Sdwk Sherman Rd 800'sro Ethanac 5' 92501 CUP3368 IP030138 0.00 12/13/04
1265 Corona Point Court TR30422 MS
75 Centex Homes Median Projects Menifee Road sta 49+00 to sta 54+00 rd width 55'by 1 Y Corona,CA 92879 3999 IP040188 52,943.00 06130106
200 S.Main St.Ste 300
71 Capital Pacific Homes Median Projects Garbani Road Corona,CA 92882 TR31724 IP040224 121,855.73 04/13/06
sta 382+55,57 to are 383+99.07 and sta 200 S.Main St.Ste 300
72 Capital Pacific Homes Median Projects Murrieta Rd 384+76.41 to sta 395+67.06 Corona,CA 92862 Tract 29636; IP040235 153,500.00 05/18/06
Gallery Estates Partners, 31618 Railroad Canyon Road,Canyon Lake,
102 Gallery Estates Partners,LLC LLC Murrieta Raised Median 18 0 CA 92587 TR30664 IP040236 186,927.50 07/02/07
rd width 152'; 200 E.Rinoon St,Ste 200 Corona,
77 Menifee Development,LLC Median Projects Menifee Road sta 150+89.73 to 190+61.07 median width 7' CA 92879 TR31795-1 IP050038 3881 07/17/06
Go of Brookfield Development,Inc.1522
Raised Median&Median Road width 64' Brookhollow Or Ste 1,Santa Ana,CA
97 Audie Murphy Ranch,LLC Landscaping Murrieta Ave Sta40+58 to Sta65+51 Median Width 14' 92705 TR31390 IP050052 246,D00.00 05/02/07
Raised Median&Median 146/Menifee&Simpson to Median Width 10- 1250 Corona Pointe Court,Suite 600, TR31582-1,
100 Shea Homes Landscaping Menifee Road 119(+35.74)/Property Boundry 20 Corona,CA 92879 PP20782 IP050090 250,272.00 05/23/07
Christian Revival Fellowship Church,29220 PUP078981/
99 Elder-Hwkins&Assoc Median&Landscaping Scott Road PUP 00789R1 Scott Road,Menifee,CA 92584 PM9998 IP060108 31,OD0.00 05/04/07
Road Width 6411
half width Median
Width Oft half 31618.1 Railroad Canyon Rd Canyon Lake,
135 Gallery Boulders Par Raised Median&Road Imp Murrieta Rd STA-49+58.05 to Ste Cross St 56+04.05 width CA 92587 TR30812 11PO60187 350,775.40 06/13/08
2244 Walnut Grove Ave,Rosemead,CA
111 Southern California Edison Raised Median 91770 PUP 00496R1 IP070036j 59,079.88 11/09/07
Raised Median&Median 41593 Winchester Rd.,Ste.212A,
115 The Spanos Corporation Landscaping McCall Blvd 56/76' 14/7 half width Temecula,CA 92590 PP21558 IP070148 52,627.29 3/28/2008
R.C.Hobbs Company'
"- Drainage facility 1110 East Champman Ave,Suite 206,
114 maintenance Orange,CA 92866 TR32186-1 IP070149 5,000.00 2/4/20D8
25108 Jefferson Ave.ND,Murrieta,CA
144 Sudweeks Development Raised Median 92562 PP22262 IP080001 13,730.00 11/1M08
BALANCE 2,921,246.37
SUBMITTAL TO THE BOARD OF SUPERVISORS adC�
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: TLMA - Transportation Department SUBMITTAL DATE:
November 3, 2011
SUBJECT: Funding Transmittal Agreement by and Between the County of Riverside on
Behalf of the Transportation Department and City of Menifee
RECOMMENDED MOTION: That the Board of Supervisors:
Approve the Funding Transmittal Agreement and authorize the Chairman to execute the
agreement.
BACKGROUND: The County of Riverside, as a Condition of Approval for various proposed
tract developments, required developers to construct certain improvement, or submit a cash-in-
lieu deposit with the County if current construction of the required improvement was not
feasible. The affected property and proposed construction were within the unincorporated area
of the County when developer(s) filed their tract maps and the Conditions of Approval were
Juan C. Perez
Director of Transportation
& JCP:rdf
L" (Continued On Attached Page)
rn
Current F.Y.Total Cost:
FINANCIAL $ 2,921,246 In Current Year Budget: N/A
DATA Current F.Y. Net County cost: $ p Budget Adjustment: No
Annual Net County Cost: $0 For Fiscal Year: 2011-12
Z SOURCE OF FUNDS: Cash-in-Lieu Deposits (100%) Positions To Be
p Cr There are no General Funds used in this project. Deleted Per A-30
p c7 Requires 4/5 Vote [�
W > C.E.O. RECOMMENDATION:
0 APPROVE_
a n
- s ¢ E3Y:
X County Executive Office Signature Ina Grande
O
u m
T T
U U
O O
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Stone, seconded by Supervisor Benoit and duly carried by
N N unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
O
U U
❑ M Ayes: Buster, Tavaglione, Stone, Benoit and Ashley
Nays: None Kecia Harper-Them
Absent: None CI f Bo rd
E Date: November 22, 2011
° xc: Tra7p. 0,4uty
x
a
W
o a" Prev. Agn. Ref. District: 3 & 5 Agenda Number:
ATTACHMENTS FILED 3
Form 11 (Rev W/2007) WITH THE CLERK iF T i;: -;'
The Honorable Board of Supervisors
RE: Funding Transmittal Agreement by and Between the County of Riverside on Behalf of the
Transportation Department and City of Menifee
November 3, 2011
Page 2 of 2
approved by the County. The required improvements have not yet been built, which has
created a source of funds with which to construct such projects when the project build-out is
feasible. The developer property and the required improvements are now within the newly
incorporated boundaries of the City of Menifee. The attached Funding Transmittal Agreement
establishes the terms under which the County will transmit the cash-in-lieu deposits to the City
of Menifee, subject to the condition that the deposits be used for the construction of the required
improvement(s) as identified in the Conditions of Approval and Attachment A of the agreement.
The total amount of deposits to be transmitted to the City of Menifee is $2,921 ,246 as specified
in Attachment A of the agreement.