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2005/11/30 Agreement Menifee Valley - Cedar Brook Lane Storm Drain
WARREN D. WILLIAMS General Manager -Chief Engineer r� I ]� MARKET STREET IVERSIDE, CA 92501 951.955,1200 IfAX 951.7889965 www. rc ilood,org 138760 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 20, 2011 pity o1 Mr. Steve Harding, City Manager City of Menifee 29714 Haun Road Menifee, CA 92586 Dear Mr. Harding: Re: Tract No. 31383 Menifee Valley — Cedar Brook Lane Storm Drain Project No. 4-0-00391 Drawing No. 4-868 The Riverside County Flood Control and Water Conservation District (District) is preparing to accept Menifee Valley - Cedar Brook Lane Storm Drain for operation and maintenance in accordance with the terms of the executed Cooperative Agreement executed for the above referenced Tract Map, between the District, the County of Riverside, Beazer Homes Holding Corporation, and Valley Wide Recreation & Park District. As the City now has jurisdiction over this area all the responsibilities of the County referenced in the Agreement are now the City's. We hereby request the City of Menifee accept and convey to the District the necessary right of way for the above mentioned project which was dedicated to the public on behalf of the District on Tract Map 31383, recorded in Map Book 402 Pages 90 through 99. Please process a City Council Resolution for acceptance and quitclaim of the offers, and return the two (2) executed Quitclaim Deeds (enclosed) along with a certified copy of your adopted resolution. A copy of the recorded Tract Map and Agreement is also enclosed for your use. If you need further information please contact Ami Urista at 951.955.4518 or e-mail at aurista@rcflood.org. Very t my yours, F WILLIAM R. HOF, Chief of Surveying Mapping Division Enclosures AU:rlp \1• Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District .1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Menifee Valley - Cedar Brook Lane SD Project No. 4-0-00391 Tract Map 31383 FOR RECORDER'S USE The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ NONE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: The easement for ingress, egress and maintenance for flood control purposes over Lot 179 of Tract Map 31383, recorded in Map Book 402, Pages 90 through 99 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", attached hereto, to be referenced hereafter as RCFC Parcel No. 4391-500. Date CITY OF MENIFEE: I0 ATTESTS. KATHY BENNETT, Clerk to the City of Menifee City Clerk WALLACE EDGERTON, Mayor (SEAL) 0 O N � 4391-500 U tto 3a' vp OPEN SPACE L36 AG NET 17.150' EASEMENT NOTES. i I CMARBWWLAAE g W I 0 � 1 ¢S{B1 r 5191' rrryj? N6639J2'w i� Ness W'W pa 3� 1� 65�00' M SPACE 6U52' (659.56)RJ LOTH a4f&W ROAD EXHIBIT "A" a N.T.S. TRACT MAP 31383 MB 402/90-99 LOT 179 LINE TABLE LINE LENGTH BEARING L108 21.21' N46000'28"E L237 38.22' N44°13'01"W © £Asnewr nw Aw Wm1E "w R7 ptax aw Fm now raomot Pwi = As ma a h wav SHEET 1 OF 1 126068 mstr CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated from the CITY OF MENIFEE to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date IM WARREN D. WILLIAMS General Manager -Chief Engineer Project: Menifee Valley — Cedar Brook Ln SD Project No. 4-0-00391 APN: 372-463-039 RCFC Parcel No. 4391-500 Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Menifee Valley - Cedar Brook Lane SD The undersigned grantor(s) declare(s) Project No. 4-0-00391 DOCUMENTARY TRANSFER TAX $ NONE Tract Map 31383 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: The most northerly storm drain easement for flood control purposes within Lot 179 of Tract Map 31383, recorded in Map Book 402, Pages 90 through 99 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", attached hereto, to be referenced hereafter as RCFC Parcel No. 4391-500A. The most southerly storm drain easement for flood control purposes within Lot 179 of Tract Map 31383, recorded in Map Book 402, Pages 90 through 99 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", attached hereto, to be referenced hereafter as RCFC Parcel No. 4391-500B. The storm drain easement for flood control purposes within Lot 185 of Tract Map 31383, recorded in Map Book 402, Pages 90 through 99 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", attached hereto, to be referenced hereafter as RCFC Parcel No. 4391-501. Date ATTESTS: KATHY BENNETT, Clerk to the City of Menifee Lo CITY OF MENIFEE: Lo WALLACE EDGERTON, Mayor City Clerk (SEAL) I4 70 69 f 1 I� 9 r fSEE Ma L r + "ON I f I f I 1 4391-5MWA vp 30' 0AW SPACE 1J6 AG NET 4391-BOOB LINE TABLE LINE LENGTH BEARING L108 21.21' N46000'28"E L237 38.22' N44013'01"W I 1 I — � I 65CO' E34o VV j V7 1 VIS 5.291' d, �1 rjl C52 I N68^59JYW 1 1 aq,+�• I w� NT �� NW'39V A 1 1� Zo t 9 � $� 1a0f' 50, 12749' , I N897625"W E I I 4391-501 I I 57.73' I EASEMENT NO TES• 162 � 6500' ` alaW SPACE X5 1z1s• LOTA a4FaW fk 659.52' W-, , —11— 1� SMW MW EA,sOW M PWC tE flee nOW CCV(Ma PEES, As WrAW ► WTW a N.T.S. 4391-500A COT N CEDAR NOOK LANE H67S1 -- WN F��fe? l-K64 rl y oo'i I r r r LOT 179 I r 6110 SPAN I r r I E i e } DUAL L TRACT MAP 31383, MB 402/90-99 LOT 179 EXHIBIT "A" SHEET 1 OF 1 126068 mstr CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated from the CITY OF MENIFEE to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date Lo WARREN D. WILLIAMS General Manager -Chief Engineer Project: Menifee Valley . Cedar Brook Ln SD Project No. 4-0-00391 APN: 372-463-039 & 372-463-040 RCFC Parcel No. 4391-500A, 500B & 501 PLEASE COMPLETE THIS INFORMATION R CO )ING R$QUESTED Y. 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. 6ND WIZEN REC0RDEQUAILTO• RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501-1770 DOC # 2005-0989080 11/30/2005 08:00A Fee:NC Page 1 of 25 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 I M S U PAGE SIZE DA PCOR NOCOR SMF misc. i �RL A COY LONG REFUND NCNG EXAM AGREEMENT Title of Document PROJECT: Menifee Valley — Cedar Brook Lane Storm Drain PROJECT NO: 4-0-00391 TRACT MAP NO: 31383 DEVELOPER: Beazer Homes Holdings Corporation THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) Contract No. Riverside Co. Transportation 100497.5 COOPERATIVE AGREEMENT 2 (Tract No. 31383) 3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 4 CONSERVATION DISTRICT, hereinafter called "DISTRICT", the COUNTY OF RIVERSIDE, 5 hereinafter called "COUNTY", VALLEY WIDE RECREATION & PARK DISTRICT, 6 hereinafter called "VALLEY WIDE", and BEAZER HOMES HOLDINGS CORPORATION, a 7 Delaware corporation, hereinafter called "DEVELOPER", hereby agree as follows: 8 9 RECITALS 98 Z* W 10 A. DEVELOPER has submitted for approval Tract No. 31383 in western � jm " 11 Riverside County and as a condition for approval DEVELOPER must construct certain flood C 12 control facilities in order to provide flood protection and drainage for DEVELOPER'S planned 13 development; and '~ 14 .� _ 15 B. The required facilities include: 1) two segments of an underground storm 16 drain system, the first consisting of approximately 500 lineal feet of underground concrete pipe i 17 and a certain outlet structure, the second consisting of approximately 250 lineal feet of 18 underground concrete pipe and a certain outlet structure, hereinafter called "STORM DRAINS", 19 as shown in concept in red on Exhibit "A" attached hereto and made a part hereof; and 2) a 20 detention basin, hereinafter called "BASIN", as shown in concept in green on Exhibit "A". 21 STORM DRAINS and BASIN are hereinafter altogether called "PROJECT"; and 22 23 C. DEVELOPER and COUNTY desire DISTRICT to accept ownership and 24 responsibility for the operation and maintenance of STORM DRAINS. Therefore, DISTRICT 25 must review and approve DEVELOPER'S plans and specifications and subsequently inspect the 26 construction of STORM DRAINS; and 27 28 -1- ��v222005 Il. 100497_5 1 D. DEVELOPER and DISTRICT desire COUNTY to accept ownership and 2 responsibility for the operation and maintenance of PROJECT'S associated catch basins, 3 connector pipes and laterals located within COUNTY held easements or rights of way, 4 hereinafter called "APPURTENANCES". Therefore, COUNTY must review and approve 5 DEVELOPER'S plans and specifications and subsequently inspect the construction of 6 APPURTENANCES; and 7 E. DEVELOPER, DISTRICT and COUNTY desire VALLEY WIDE to accept 8 responsibility for the operation and maintenance of BASIN. 9 Cr 1 F. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and mCD � co m o 11 specifications for PROJECT and APPURTENANCES, (ii) inspect the construction of STORM u, cum CU 12 DRAINS, and (iii) accept ownership and responsibility for the operation and maintenance of 13 STORM DRAINS, provided DEVELOPER (i) complies with this Agreement, ii pays 14 DISTRICT the amount specified herein to cover DISTRICT'S plan review and construction 15 inspection costs for STORM DRAINS, (iii) constructs PROJECT and APPURTENANCES in 16 17 accordance with plans and specifications approved by DISTRICT and COUNTY, (iv) obtains IS and conveys to DISTRICT the necessary rights of way for the inspection, operation and 19 maintenance of STORM DRAINS as set forth herein, (v) accepts ownership and responsibility 20 for the operation and maintenance of entire PROJECT and APPURTENANCES following 21 completion of PROJECT construction until such time as DISTRICT accepts ownership and 22 responsibility for the operation and maintenance of STORM DRAINS, VALLEY WIDE accepts 23 24 responsibility for the operation of BASIN and COUNTY accepts ownership and responsibility 25 for the operation and maintenance of APPURTENANCES, and (vi) obtains all necessary 26 permits, regulatory permits, licenses and rights of entry as set forth herein; and 27 28 -2- 100497 < 1 G. COUNTY is willing to (i) review and approve DEVELOPER'S plans and 2 specifications for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance 3 and payment bonds submitted by DEVELOPER for STORM DRAINS, (iii) consent to the 4 recordation and conveyance of the Irrevocable Offer(s) of Dedication furnished by 5 DEVELOPER as provided herein, (iv) grant DISTRICT the right to inspect, operate and 6 maintain STORM DRAINS within COUNTY rights of way, and (v) accept ownership and 7 1? 8 responsibility for the operation and maintenance of APPURTENANCES, provided PROJECT 9 and APPURTENANCES are constructed in accordance with plans and specifications approved 10 by DISTRICT and COUNTY; and 11 H. VALLEY WIDE is willing to (i) review plans and specifications prepared 12 by DEVELOPER for PROJECT, (ii) grant DISTRICT a blanket right of entry and egress to 13 BASIN as necessary for purposes of inspection and maintenance of STORM DRAINS, and (iii) 14 15 accept responsibility for the operation and maintenance of BASIN provided PROJECT is 16 constructed in accordance with plans and specifications approved by DISTRICT and COUNTY. 17 NOW, THEREFORE, the parties hereto mutually agree as follows: 18 SECTION I 19 DEVELOPER shall: 20 1. Prepare plans and specifications for PROJECT and APPURTENANCES, 21 22 hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and COUNTY 23 standards, and submit to DISTRICT and COUNTY for their review and approval. 24 2• Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 25 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by 26 DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS, 27 28 -3- 100497_5 l review and approval of right of way and conveyance documents, and with the processing and administration of this Agreement. 2 3 3. Deposit with DISTRICT (Attention: Business Office -- Accounts 4 Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT 5 construction as set forth in Section 1.10. the estimated cost of providing construction inspection 6 for STORM DRAINS, in an amount as determined and approved by DISTRICT in accordance 7 with Ordinance Nos. 671 and 749, including any amendments thereto, of the County of 8 9 Riverside, based upon the bonded value of STORM DRAINS facilities to be inspected, operated 10 and maintained by DISTRICT. cr' N COm 11 4. Grant DISTRICT, VALLEY WIDE and COUNTY, by execution of this CU" 2 8 12 Agreement, the right to enter upon DEVELOPER'S property where necessary and convenient for 13 ;C the purpose of gaining access to and performing inspection service for the construction of •� 14 PROJECT as set forth herein. 15 ;r 5. Secure, at its sole cost and expense, all necessary licenses, agreements, 16 17 permits and rights of entry as may be needed for the construction, inspection, operation and 18 maintenance of PROJECT, APPURTENANCES and BASIN. DEVELOPER shall furnish 19 DISTRICT, VALLEY WIDE and COUNTY, at the time of providing written notice to 20 DISTRICT of the start of construction as set forth in Section I.10. or not less than twenty (20) 21 days prior to recordation of the final map for Tract No. 31383 or any phase thereof, whichever 22 occurs first, with sufficient evidence of DEVELOPER having secured such necessary licenses, 23 24agreements, permits and rights of entry, as determined and approved by DISTRICT. 25 6. Furnish DISTRICT with copies of all permits, approvals or agreements 26 required by any Federal or State various resource and/or regulatory agency for the construction, 27 operation and maintenance of PROJECT. Such documents include but are not limited to those 28 -4- 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 100497_5 issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Game and State Water Resources Control Board. 7. Provide COUNTY, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section I.10., or not less than twenty (20) days prior to recordation of the final map for Tract No. 31383, whichever comes first, with faithful performance and payment bonds, each in the amount of 100% of the estimated cost for construction of STORM DRAINS as determined by DISTRICT and COUNTY. The surety, amount and form of the bonds shall be subject to the approval of DISTRICT and COUNTY. The bonds shall remain in full force and effect until STORM DRAINS are accepted by DISTRICT as complete; at which time the bond amount may be reduced to 10% for a period of one year to guarantee against any defective work, labor or materials. 8. Obtain and provide DISTRICT, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section I.10. herein, or not less than twenty (20) days prior to the recordation of the final map for Tract No. 31383, or any phase thereof, whichever occurs first, with duly executed Irrevocable Offer(s) of Dedication to the public for flood control purposes and drainage purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of STORM DRAINS as shown in concept cross -hatched in blue on Exhibit "B" attached hereto and made a part hereof. The Irrevocable Offer(s) of Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners described in the offer(s). 9. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication as set forth in Section 1.8., with Preliminary Reports on Title dated not more than thirty (30) days -5- 100497_5 1 prior to date of submission for all the property described in the Irrevocable Offer(s) of 2 Dedication. 3 10. Notify DISTRICT in writing (Attention: Administrative Services), at least .4 twenty (20) days prior to the start of construction of STORM DRAINS. Construction shall not 5 begin on STORM DRAINS, for any reason whatsoever, until DISTRICT has issued to 6 DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate construction. 7 11. Furnish DISTRICT, at the time of providing written notice to DISTRICT of K the start of construction as set forth in Section I.10. with a complete list of all contractors and m CD w N 1 subcontractors to be performing work on STORM DRAINS, including the corresponding license CO Lnw �ma � � 1 1 number and license classification of each. At such time, DEVELOPER shall further identify in CUco 12 writing its designated superintendent for construction of STORM DRAINS. 13 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 14 the start of construction as set forth in Section I.10., a construction schedule which shall show 15 the order and dates in which the DEVELOPER or DEVELOPER'S contractor proposes to carry 16 17 on the various parts of work, including estimated start and completion dates. As the construction 18 progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT. 19 13. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and ~` 20 assign their ownership to DISTRICT prior to the start of construction of STORM DRAINS. 21 14. Comply with all Cal/OSHA safety regulations including regulations 22 23 concerning confined space and maintain a safe working environment for DEVELOPER and 24 DISTRICT employees on the site. 25 15, Furnish DISTRICT, at time of providing written notice to DISTRICT of the 26 start of construction as set forth in Section I.10. a confined space procedure specific to STORM 27 DRAINS. The procedure shall comply with requirements contained in California Code of 78 -6- cGD ca GD 0 200 m ~ 0 M "J 1 100497_ S 1 Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit 2 Required Confined Space and DISTRICT Confined Space Procedures, SOM-18. The procedure 3 shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed. 4 16. Not permit any change to or modification of IMPROVEMENT PLANS 5 without the prior written permission and consent of DISTRICT. 6 7 17. During the construction period , ,provide Workers' Compensation Insurance 8 in an amount required by law. A certificate of said insurance policy shall be provided to 9 DISTRICT and COUNTY at the time of providing written notice pursuant to Section I.10. 10 18. Commencing on the date notice is given pursuant to Section I.10. and 11 continuing until DISTRICT accepts STORM DRAINS as complete for ownership, operation and 12 maintenance: 13 (a) Provide and maintain or cause its contractor(s) to provide and 14 15 maintain comprehensive liability insurance coverage which 16 shall protect DEVELOPER from claims from damages for 17 personal injury, including accidental and wrongful death, as 18 well as from claims for property damage which may arise 19 from DEVELOPER'S construction of PROJECT or the 20 performance of its obligations hereunder, whether such 21 22 construction or performance be by DEVELOPER, by any of 23 its contractors, subcontractors, or by anyone employed directly 24 or indirectly by any of them. Such insurance shall name 25 VALLEY WIDE, DISTRICT and COUNTY as additional 26 insureds with respect to this Agreement and the obligations of 27 DEVELOPER hereunder. Such insurance shall provide for 28 -7- a 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 100497_5 limits of not less than two million dollars ($2,000,000) per occurrence. (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s), who shall be authorized by the California Department of Insurance to transact business of insurance in the State of California, to furnish DISTRICT and COUNTY at the time of providing written notice to DISTRICT of the start of construction as set forth in Section 1.10. with certificate(s) of insurance and applicable policy endorsements showing that such insurance is in full force and effect and that VALLEY WIDE, DISTRICT and COUNTY are named as additional insureds with respect to this Agreement and the obligations of DEVELOPER hereunder. Further, said certificate(s) shall state that the issuing company shall give DISTRICT and COUNTY sixty (60) days written notice in the event of any cancellation, termination, non -renewal or reduction in coverage of the policies evidenced by the certificate(s). In the event of any such cancellation, termination, non -renewal or reduction in coverage, DEVELOPER shall, forthwith, secure replacement insurance meeting the provisions of this paragraph. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for - 8 - 100497_5 DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section V.3, 2 3 19. Construct, or cause to be constructed, PROJECT, BASIN and 4 APPURTENANCES at DEVELOPER'S sole cost and expense in accordance with DISTRICT, 5 VALLEY WIDE and COUNTY approved IMPROVEMENT PLANS. 6 20. Upon completion of construction of PROJECT, but prior to DISTRICT 7 acceptance of STORM DRAINS for ownership, operation and maintenance, convey, or cause to 8 9 be conveyed to DISTRICT flood control easement(s) including ingress and egress, in a form la 10 approved by DISTRICT, to the rights of way as shown in concept cross -hatched in blue on C" mN 0 ,�, n 1 l Exhibit "B". m9'R !f7 N ..� CV M 12 21. At the time of recordation of the conveyancing documents(s) as set forth in 13 Section I.20. above, furnish DISTRICT with policies of title insurance, each in the amount of not �! 14 _ less than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each 15 ^� parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said property as being lb f 17 free and clear of all liens' encumbrances, assessments, easements, taxes and leases (recorded or 18 unrecorded), and except those which, in the sole discretion of DISTRICT, are acceptable. 19 22. Within two weeks of completing STORM DRAINS construction, provide 20 C DISTRICT with written notice (Attention: Contract Administration Section) that STORM 21 DRAINS construction is substantially complete and requesting that DISTRICT conduct a final 22 inspection of STORM DRAINS. 23 24 23. Accept ownership and sole responsibility for the operation and maintenance 25 of PROJECT, BASIN and APPURTENANCES until such time as DISTRICT accepts ownership 26 and responsibility for operation and maintenance of STORM DRAINS, VALLEY WIDE accepts 27 responsibility for the operation and maintenance of BASIN and COUNTY accepts ownership 21 100497.5 1 and responsibility for APPURTENANCES. Further, it is mutually understood by the parties 2 hereto that prior to DISTRICT acceptance of ownership and responsibility for the operation and 3 maintenance of STORM DRAINS as set forth herein, PROJECT and APPURTENANCES shall 4 be in a satisfactorily maintained condition as solely determined by DISTRICT. 5 24. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 6 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable 7 8 attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees 9 shall be computed as costs and included in any judgment rendered. Q m N 10 25. Upon completion of construction of PROJECT but prior to DISTRICT'S I I acceptance of STORM DRAINS for ownership, operation and maintenance, DEVELOPER'S C� 12 civil engineer of record or construction civil engineer of record, duly registered in the State of 13 California, shall provide DISTRICT a redlined "as -built" of IMPROVEMENT PLANS. After 14 DISTRICT approval of the redlined "as -built" drawings, DEVELOPER'S engineer shall schedule 15 16 with DISTRICT a time to transfer the redlined changes onto DISTRICT original mylars at 17 DISTRICT'S office, after which, the engineer shall review, stamp and sign PROJECT plans "AS- 18 BUILT." 19 SECTION II 20 VALLEY WIDE shall: 21 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER 22 for BASIN prior to the start of construction. 23 24 2. Accept responsibility for the operation and maintenance of BASIN, as 25 shown in concept in green on Exhibit "A", which shall be constructed as part of PROJECT. 26 3. Grant DISTRICT a blanket right of entry and egress to BASIN when 27 necessary and convenient for purposes of inspection and maintenance of STORM DRAINS. 28 -10- 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 III DISTRICT shall: 100497_5 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER, prior to the start of PROJECT construction. 2. Provide COUNTY and VALLEY WIDE an opportunity to review and approve PROJECT 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 Records 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.B. 5. Inspect construction of STORM DRAINS. 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 STORM DRAINS as being complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section I.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of STORM DRAINS 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 STORM DRAINS, within thirty (30) days after receipt of billing from DISTRICT. �m(D GD m (U m ,Co. MI 0 GD N �. ,Icy GDm �GD C� i 1004975 1 8. Accept ownership and responsibility for the operation and maintenance of 2 STORM DRAINS, upon (i) DISTRICT acceptance of PROJECT construction as being complete, 3 (ii) recordation of all conveyancing documents described in Section 1.20., and (iii) acceptance by 4 COUNTY of all necessary street rights of way as deemed necessary by DISTRICT and 5 COUNTY for the operation and maintenance of STORM DRAINS and APPURTENANCES. 6 9. Provide COUNTY with a reproducible duplicate P p copy of "as -built" 7 IMPROVEMENT PLANS upon DISTRICT acceptance of STORM DRAINS as being complete. 8 10. Provide VALLEY WIDE with a reproducible duplicate copy of "as -built" 9 � 10 IMPROVEMENT PLANS upon DISTRICT acceptance of STORM DRAINS as being complete. 11 SECTION IV l2 COUNTY shall: 13 1. Review and approve IMPROVEMENT PLANS prior to the start of 14 PROJECT construction. 15 16 2. Accept the COUNTY and DISTRICT approved faithful performance and 17 payment bonds submitted by DEVELOPER as set forth in Section I.7., and hold said bonds as 18 provided herein. 19 3. 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 4. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication 22 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 23 24 inspection, operation and maintenance of STORM DRAINS, and convey sufficient rights of way 25 to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain STORM DRAINS, 26 and, pursuant to the authority granted by County of Riverside Resolution No. 2005-291, convey 27 28 -12- 100497_5 1 to DISTRICT all rights of way necessary to allow DISTRICT to construct, inspect, operate and 2 maintain STORM DRAINS. 3 5. Grant DISTRICT, ,by execution of this Agreement, the right to construct, 4 inspect and operate and maintain STORM DRAINS within COUNTY rights of way, as set forth 5 herein. 6 6. Upon DISTRICT acceptance of STORM DRAINS as being complete, 7 8 accept ownership and responsibility for the operation and maintenance of APPURTENANCES. 9 7. Not grant occupancy permits for any unit within any portion of Tract No. 10 31383, or any phase thereof, until construction of PROJECT is complete, unless otherwise 1 l approved in writing by DISTRICT. 12 SECTION V 13 It is further mutually agreed: 14 1. All work involved with STORM DRAINS shall be inspected by DISTRICT 15 16 and shall not be deemed complete until approved and accepted in writing as complete by DISTRICT. 17 18 2. COUNTY, VALLEY WIDE and DEVELOPER personnel may observe and 19 inspect all work being done on PROJECT, but shall provide any comments to DISTRICT 20 personnel who shall be solely responsible for all quality control communications with the 21 DEVELOPER'S contractor(s) pertaining to the construction of STORM DRAINS. 22 23 3. DEVELOPER shall complete construction of STORM DRAINS within 24 twelve (12) consecutive months after execution of this Agreement and within ninety (90) 25 consecutive calendar days after commencing work on STORM DRAINS. It is expressly 26 understood that since time is of the essence in this Agreement, failure of DEVELOPER to 27 perform the work within the agreed upon time shall constitute authority for DISTRICT to 28 -13- 100497_5 perform the remaining work and require DEVELOPER'S surety to pay to COUNTY the penal 1 2 sum of any and all bonds. In which case, COUNTY shall subsequently reimburse DISTRICT for 3 DISTRICT costs incurred. 4 4. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed 5 within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in 6 Section 1.10.; however, DISTRICT'S construction inspection staff is limited and, therefore, the 7 Q issuance of a Notice to Proceed is subject to staff availability. �m(D 8 m In the event DEVELOPER wishes to expedite issuance of a Notice to CU m' IO Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at — I I DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation C 12 — of the individuaI's credentials and experience to DISTRICT for review and, if appropriate, 13 approval. DISTRICT shall review the individual's qualifications and experience and, upon C 14 approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be 15 authorized to act on DISTRICT'S behalf on all PROJECT construction and quality control 16 — 17 matters. If DEVELOPER'S initial construction inspection deposit furnished pursuant to Section — 18 1.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to 19 eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of 20 DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance of five 21 thousand dollars ($5,000.00) shall be retained on account. 22 5. Construction of STORM DRAINS shall be on a five (5) day, forty (40) hour 23 24 work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless 25 otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work 26 more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a 27 written request for permission from DISTRICT to work the additional hours. The request shall 28 -14- 100497_5 be submitted to DISTRICT at least 72 hours prior to the requested additional work hours and 1 2 state the reasons for the overtime and the specific time frames required. The decision of granting 3 permission for overtime work shall be made by DISTRICT at its sole discretion and shall be 4 final. If permission is granted by DISTRICT, DEVELOPER will be charged the cost incurred at 5 the overtime rates for additional inspection time required in connection with the overtime work 6 in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the 7 County of Riverside. 8 6. DEVELOPER shall not request DISTRICT, VALLEY WIDE or COUNTY 83 10 to accept any portion of PROJECT, BASIN or APPURTENANCES for operation and CU 11 m maintenance until DISTRICT determines that construction of STORM DRAINS is complete in Z 12 accordance with Section III.8. herein. 13 7. In the event that any claim or legal action is brought against DISTRICT, 14 VALLEY WIDE or COUNTY in connection with this Agreement because of the actual or .� 15 alleged acts or omissions by DEVELOPER, including but not limited to design, construction or 16 17 failure of PROJECT or APPURTENANCES, DEVELOPER shall defend, indemnify and hold 18 DISTRICT, VALLEY WIDE and COUNTY harmless therefrom, without cost to DISTRICT, 19 VALLEY WIDE or COUNTY. Upon DEVELOPER'S failure to do so, DISTRICT, VALLEY 20 WIDE and COUNTY shall be entitled to recover from DEVELOPER all of their cost and 21 expenses, including, but not limited to, reasonable attorneys' fees. 22 8. DEVELOPER shall defend, indemnify and hold DISTRICT, VALLEY 23 24 WIDE and COUNTY, their respective officers, agents, employees and independent contractors 25 free and harmless from any claim or legal action whatsoever, based or asserted, pursuant to 26 Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States 27 Constitution, or any other law or ordinance which seeks to impose any other liability or damage 28 -15- 1004975 1 caused by the diversion of the waters from the natural drainage patterns, save and except claims 2 and litigation arising through the negligence or willful misconduct of DISTRICT, VALLEY 3 WIDE or COUNTY, which claims shall be shared by the parties on a pro rata basis based on 4 their respective responsibilities. DEVELOPER shall defend DISTRICT, VALLEY WIDE and 5 COUNTY without cost to DISTRICT, VALLEY WIDE or COUNTY, and upon DEVELOPER'S 6 failure to do so, DISTRICT, VALLEY WIDE and COUNTY shall be entitled to recover from 7 DEVELOPER all of their cost and expenditures, including, but not limited to, reasonable 8 attorneys' fees. 9 2 mW 10 @N 2co 9. DEVELOPER for itself, its successors and assigns hereby releases m N 900 n 11 DISTRICT, VALLEY WIDE and COUNTY, their respective officers, agents, and employees ICD v m 12 from any and all claims, demands, actions, or suits of any kind arising out of any liability, known 13 or unknown, present or future, including, but not limited to any claim or liability, based or 14 asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of 15 the United States Constitution, or any other law or ordinance which seeks to impose any other 16 17 liability or damage, whatsoever, for damaged caused by the discharge of drainage within or from 18 PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT, 19 VALLEY WIDE or COUNTY, their officers, agents and employees from any and all claims, 20 demands, actions or suits of any kind arising out of any liability, known or unknown, present or 21 future, for the negligent maintenance of STORM DRAINS, BASIN and APPURTENANCES, 22 after DISTRICT acceptance of PROJECT and APPURTENANCES by DISTRICT, VALLEY 23 WIDE and COUNTY. 24 25 10. Any waiver by DISTRICT, VALLEY WIDE or by COUNTY of any breach 26 of any one or more of the terms of this Agreement shall not be construed to be a waiver of any 27 subsequent or other breach of the same or of any other term hereof. Failure on the part of 28 -16- s GD qp N " 1, Vim- C C 100497._5 i DISTRICT, VALLEY WIDE or COUNTY to require exact, full and complete compliance with 2 any terms of this Agreement shall not be construed as in any manner changing the terms hereof, 3 or estopping DISTRICT or COUNTY from enforcement hereof. 4 11. If any provision in this Agreement is held by a court of competent 5 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless 6 continue in full force without being impaired or invalidated in any way. 7 8 12. This Agreement is to be construed in accordance with the laws of the State of California. 9 10 13. Any and all notices sent or required to be sent to the parties of this 11 Agreement will be mailed by first class mail; postage prepaid, to the following addresses: 12 RIVERSIDE COUNTY FLOOD CONTROL COUNTY OF RIVERSIDE AND WATER CONSERVATION DISTRICT Attn: Transportation Department 13 1995 Market Street Post Office Sox 1090 Riverside, CA 92501 Riverside, CA 92502-1090 I4 BEAZER HOMES HOLDINGS CORP. VALLEY WIDE RECREATION 15 1100 Town and County Road, Suite 100 & PARK DISTRICT Orange, CA 92868 901 West Esplanade Avenue 16 Attn: Andrea ArciIla San Jacinto, CA 92582 Attn: Samuel W. Goepp 17 18 14. Any action at law or in equity brought by any of the parties hereto for the 19 purpose of enforcing a right or rights provided for by this Agreement, shall be tried in a court of 20 competent jurisdiction in the County of Riverside, State of California, and the parties hereto 21 waive all provisions of law providing for a change of venue in such proceedings to any other 22 county. 23 15. This Agreement is the result of negotiations between the parties hereto, and 24 the advice and assistance of their respective counsel. The fact that this Agreement was prepared 25 26 as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty 27 28 -17- 100497_5 1 or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT 2 prepared this Agreement in its final form. 3 16. The rights and obligations of DEVELOPER and VALLEY WIDE shall 4 inure to and be binding upon all heirs, successors and assignees. 5 17. DEVELOPER and VALLEY WIDE shall not assign or otherwise transfer 6 any of its rights, duties or obligations hereunder to any person or entity without the written 7 consent of the other parties hereto being first obtained. In the event of any such transfer or 8 9 assignment, DEVELOPER and VALLEY WIDE each expressly understand and agree that they 10 shall remain liable with respect to their respective obligations and duties contained in this II Agreement. 12 18. The individual(s) executing this Agreement on behalf of DEVELOPER I3 hereby certify that they have the authority within their respective company(ies) to enter into and 14 execute this Agreement, and have been authorized to do so by any and all boards of directors, 15 legal counsel, and or any other board, committee or other entity within their respective 16 i 17 company(ies) which have the authority to authorize or deny entering into this Agreement. 18 19. This Agreement is intended by the parties hereto as a final expression of 19 their understanding with respect to the subject matter hereof and as a complete and exclusive 20 statement of the terms and conditions thereof and supersedes any and all prior and 21 contemporaneous agreements and understandings, oral or written, in connection therewith. This 22 23 Agreement may be changed or modified only upon the written consent of the parties hereto 24 25 26 27 28 - 18 - Cr GD CD N O)i� CD m O yj N (U 0 CU m 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 1004975 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on NO V 2 2 2005 (to be filled in by Clerk of the Board) IVERSIDE COUNTY FLOOD CONTROL RECOMMEND PPROVA AND WATER CONSERVATION DISTRICT 1 B BY nMARj1O'__ WARREN D. WILLIAMS NASHLEY, Chairman General Manager -Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: NANCY ROMERO Clerk of a Board Deputy (SEAL) RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE B By O A. JO SON MARION ASHLEY, Chairman Director of Tran portation County of Riverside Board of Supervisors APPROVED AS TO FORM: JOE S. RANK County Counsel By t -e- A'J , c ;� LEE A. VINOCOUR Deputy County Counsel Dated Cooperative Agreement: Tract No. 31383 ATTEST: NANCY ROMERO Clerk oft a Board Deputy (SEAL) VALLEY WIDE RECREATION & PARK DISTRICI3 B _ SAKI P General Mana r -19- NOV 2 2 2005 1 ( q 100497__5 cr OD 2 0 P m zU m 0 CUV) ..ram 1 2 3 W 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cooperative Agreement: Tract No. 31383 AAM:blj 10/5/2005 BEAZER HOMES HOLDING CORP. a Delaware corporation By DART . FATAKIA Vice President of Development (NOTARY) -20- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } ss. County of Orange On October 14, 2005 before me, Tricsha Villalta Notary Public , personally appeared Darius Fatakia 'Q/personallY known to me ❑ proved to me on the basis of satisfactory v�uA Evidence Commission # 1495088 0Notari Pubft - CaMmla 0(arQ0 COU* to be the persons) whose name(s) is/are subscribed to the to the 41 MycvmEn.EX Jun17. =Wexecuted with in instrument and acknowledged to me that he/she/the 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 m hand a d official Seal, Optional Though the information below is not required by law, it mayprove valuable to prepare relying on the document and could prevent fraudulent removal and reattachment of thisform to another document. Description of Attached Document Title or type of Document: Document Date: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer- Title Above: ❑ Partner- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _Beazer Homes Holdings Corp. 011111111111 �:�. a wti 00 aN T7-GARBANU RO-AD- E085-9989080 /3&/2005 08: GOA IN 24 of 26 EXHIBIT "A" 2 OF 2 IIIIIIIIII�IR�IIIVIIIYIIIIfll�llllllll�ll '-; 5 84B EXHIBIT "B" I OF 2 S.D. 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