2021/03/02 Riverside County Flood Control and Water Conservation District Project No. 4-0-00444 Tract Nos. 36658-6 and 36658COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
This Cooperative Agreement ("Agreement"), dated as of MAR 0 2 2021 ., is
entered into by and between the Riverside County Flood Control and Water Conservation
District, a body politic ("DISTRICT"), the City of Menifee, a California municipal corporation
("CITY"), and Cimarron Ridge, LLC, a California limited liability company ("DEVELOPER").
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located
within the County of Riverside. DEVELOPER has submitted for approval Tract Nos. 36658-6
and 36658 located in the city ofMenifee. As a condition of approval for Tract Nos. 36658-6 and
36658, DEVELOPER must construct certain flood control facilities in order to provide flood
protection and drainage for DEVELOPER's planned development; and
B. The legal descriptions of Tract Nos. 36658-6 and 36658 are provided in
Exhibit "A", attached hereto and made a part hereof, and
C. The required flood control facilities and drainage improvements, as shown
on District Drawing No. 4-1134 and as shown in concept on Exhibit "B", attached hereto and
made a part hereof, include the construction of
i. Line DI ("MICA COURT STAGE 1"), which is comprised of
approximately 2,390 lineal feet of underground storm drain system
that is greater than 36" in diameter, as shown in green on Exhibit
"B", including the associated outlet headwall, wingwalls and cable
railing. At its downstream terminus, MICA COURT STAGE 1
will outlet to a proposed combined water quality and detention
basin ("PROPOSED LINE A-14 BASIN B"), as shown on Sheet
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21 of District Drawing No. 4-1135 and as shown in yellow on
Exhibit "B'; and
ii. All safety devices requested by DISTRICT, including but not
limited to concrete pads, slope protection barriers, signage and
fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be
purchased and installed by DEVELOPER and subject to
DISTRICT's inspection and approval; and
Together, MICA COURT STAGE 1 and SAFETY DEVICES are
hereinafter called "DISTRICT FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES is the
construction of.
i. Certain underground storm drains that are 36 inches or less in
diameter (Line D and Lat D1 — Lat D14) , inlets, outlets, catch
basins, connector pipes, trash rack and water quality features
located within CITY -held easements or rights of way and
specifically described in detail in sheets 7, 8, 9, 10, 11, and 12 of
District Drawing No. 4-1134, hereinafter called
"APPURTENANCES"; and
ii. A certain debris basin within OS 85 (Tract Map 36658), including
the associated v-ditches, splash walls, steel tubular gate and steel
tubular fence, located within DEVELOPER -held easements or
rights of way, hereinafter called "DEVELOPER FACILITIES".
DEVELOPER FACILITIES are to be initially owned and
maintained by DEVELOPER, and subsequently owned and
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maintained by the Homeowners' Association for Tract No. 36658-
6; and
iii. Together, DISTRICT FACILITIES, APPURTENANCES and
DEVELOPER FACILITIES are hereinafter called "PROJECT";
and
E. All parties recognize and acknowledge that PROPOSED LINE A-14
BASIN B for. Tract No. 36658-6 is being constructed by DEVELOPER pursuant to a separate
Cooperative Agreement between DISTRICT, CITY and DEVELOPER. Said Cooperative
Agreement is hereinafter called "A-14 AGREEMENT". PROPOSED LINE A-14 BASIN B is
to be owned by CITY. PROPOSED LINE A-14 BASIN B features are to be maintained and
inspected by DISTRICT and CITY as shown on Sheet 21 of District Drawing No. 4-1135.
DISTRICT -maintained PROPOSED LINE A-14 BASIN B features are hereinafter called
"PROPOSED DISTRICT BASIN FEATURES". CITY -maintained PROPOSED LINE A-14
BASIN B features are hereinafter called "PROPOSED CITY BASIN FEATURES". DISTRICT
will not accept DISTRICT FACILITIES for ownership, operation and maintenance until (i)
PROPOSED LINE A-14 BASIN is completed pursuant to A-14 AGREEMENT and (ii)
DISTRICT accepts responsibility for the inspection and maintenance of PROPOSED DISTRICT
BASIN FEATURES. CITY will not accept APPURTENANCES for ownership, operation and
maintenance until (i) PROPOSED LINE A-14 BASIN is completed pursuant to A-14
kGREEMENT, (ii) CITY accepts ownership of PROPOSED LINE A-14 BASIN B and (iii)
'_ITY accepts responsibility for the inspection and maintenance of PROPOSED CITY BASIN
FEATURES.
F. DEVELOPER and CITY desire DISTRICT to accept ownership and
,sponsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore,
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DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and
subsequently inspect the construction of DISTRICT FACILITIES; and
G. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must
review and approve DEVELOPER's plans and specifications for PROJECT and subsequently
inspect and approve the construction of the PROJECT; and
H. Notwithstanding Section F above, DEVELOPER is willing to assume
ownership, operation and maintenance responsibilities of DISTRICT FACILITIES on an interim
basis as set forth herein, with the recognition and understanding that the actual acceptance of
DISTRICT FACILITIES for ownership, operation and maintenance responsibilities by
DISTRICT is entirely dependent upon (i) the construction of PROPOSED LINE A-14 BASIN B
as being complete; (ii) DISTRICT acceptance of responsibility for the inspection and
maintenance of PROPOSED DISTRICT BASIN FEATURES; (iii) CITY acceptance of
PROPOSED LINE A-14 BASIN B for ownership, (iv) DISTRICT FACILITIES being
constructed in accordance with the plans and specifications approved by DISTRICT and as set
forth herein; (v) DISTRICT's sole determination that DISTRICT FACILITIES are in a
satisfactorily maintained condition and (vi) DISTRICT FACILITIES are fully functioning as a
flood control drainage system as solely determined by DISTRICT; and
I. DISTRICT is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT FACILITIES and (iii)
ultimately accept ownership and responsibility for the operation and maintenance of DISTRICT
FACILITIES, provided DEVELOPER (a) complies with this Agreement, (b) constructs
PROJECT in accordance with DISTRICT and CITY approved plans and specifications and (c)
1ccepts ownership and responsibility for the operation and maintenance of PROJECT following
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completion of PROJECT construction until such time as DISTRICT accepts ownership and
responsibility for the operation and maintenance of DISTRICT FACILITIES; and
J. CITY is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of PROJECT, (iii) accept and hold
faithful performance and payment bonds submitted by DEVELOPER for DISTRICT
FACILITIES, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT
FACILITIES within CITY rights of way subject to the terms of this Agreement and (v) accept
ownership and responsibility for the operation and maintenance of APPURTENANCES,
provided DEVELOPER (a) complies with this Agreement, (b) constructs PROJECT in
accordance with DISTRICT and CITY approved plans and specifications, (c) obtains and
conveys to CITY all rights of way necessary for the inspection, operation and maintenance of
APPURTENANCES as set forth herein and (d) accepts ownership and responsibility for the
operation and maintenance of PROJECT following completion of PROJECT construction until
such time as DISTRICT accepts ownership and responsibility for the operation and maintenance
of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation
and maintenance of APPURTENANCES; and
K. Pursuant to Water Code Appendix Section 10, the Board of Supervisors
of the County of Riverside is designated as and is empowered to act as ex officio the Board of
Supervisors of DISTRICT, therefore, the County of Riverside is included as an indemnified
party; and
L. For the purposes of this Agreement, the term "CITY" shall mean and refer
to the City of Menifee, including its governing bodies, agencies, districts, special districts and
departments, their respective directors, councilmembers, officers, elected and appointed officials,
-mployees, agents and representatives.
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NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
1. Prepare PROJECT plans and specifications, hereinafter called
"IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and
submit to DISTRICT and CITY for their review and approval.
2. Continue to pay DISTRICT and CITY, within thirty (30) days after receipt
of periodic billings from DISTRICT and CITY, any and all such amounts as are deemed
reasonably necessary by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated
with the review and implementation of the IMPROVEMENT PLANS, review and approval of
rights of way and conveyance documents, and with the processing and administration of this
Agreement.
3. Deposit with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT and CITY of the start of
PROJECT construction as set forth in Section I.B., the estimated cost of providing construction
inspection for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT
in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any
amendments thereto, based upon the bonded value of DISTRICT FACILITIES. If at any time
the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with
DISTRICT, DEVELOPER shall pay such additional amount(s), as deemed reasonably necessary
by DISTRICT to complete inspection of PROJECT, within thirty (30) days after receipt of billing
from DISTRICT.
4. Deposit with CITY, at the time of providing written notice to DISTRICT
and CITY of the start of PROJECT construction as set forth in Section I.B., the estimated cost of
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providing construction inspection for PROJECT, in an amount as determined and approved by
CITY in accordance with CITY's municipal code and regulations. If at any time the costs exceed
the deposit or are anticipated by CITY to exceed the deposit with CITY, DEVELOPER shall pay
such additional amount(s), as deemed reasonably necessary by CITY to complete inspection of
PROJECT, within thirty (30) days after receipt of billing from CITY.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
maintenance of PROJECT. DEVELOPER shall furnish DISTRICT and CITY, at the time of
providing written notice to DISTRICT and CITY of the start of construction as set forth in
Section I.B. or not less than twenty (20) days prior to recordation of the final maps for Tract Nos.
36658-6 and 36658 or any phase thereof, whichever occurs first, with sufficient evidence of
DEVELOPER having secured such necessary licenses, agreements, permits and rights of entry,
as determined and approved by DISTRICT and CITY.
6. Prior to commencing construction, furnish DISTRICT and CITY with
copies of all permits, approvals or agreements required by any federal, state or local resource
and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such
documents include but are not limited to those issued by the U.S. Army Corps of Engineers,
California Regional Water Quality Control Board, California State Department of Fish and
Wildlife, State Water Resources Control Board and Western Riverside County Regional
Conservation Authority ("REGULATORY PERMITS").
7. Provide CITY, at the time of providing written notice to DISTRICT and
CITY of the start of construction as set forth in Section I.B. or not less than twenty (20) days prior
to recordation of the final maps for Tract Nos. 36658-6 and 36658 or any phase thereof,
whichever occurs first, with faithful performance and payment bonds, each in the amount of one
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hundred percent (100%) of the estimated cost for construction of DISTRICT FACILITIES and
APPURTENANCES as determined by DISTRICT and CITY, respectively. The surety, amount
and form of the bonds shall be subject to approval of DISTRICT and CITY. The bonds shall
remain in full force and effect until DISTRICT FACILITIES and APPURTENANCES are
accepted by DISTRICT and CITY, respectively, as complete; at which time, the bond amount
may be reduced to ten percent (10%) for a period of one year to guarantee against any defective
work, labor or materials.
8. Notify DISTRICT (Attention: Contract Services Section) and CITY in
writing at least twenty (20) days prior to the start of construction of PROJECT. Construction
shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and
CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to
commence construction of PROJECT.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining
access to and performing inspection service for the construction of PROJECT as set forth herein.
10. Obtain and provide DISTRICT (Attention: Real Estate Services Section),
at the time of providing written notice to DISTRICT and CITY of the start of construction as set
forth in Section I.B. or not less than twenty (20) days prior to the recordation of the final maps
for Tract Nos. 3 665 8-6 and 3 665 8, with duly executed Irrevocable Offers(s) of Dedication to the
public for flood control and drainage purposes, including ingress and egress, for the rights of way
deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of
DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication shall be in a form approved
by DISTRICT and shall be executed by all legal and equitable owners of the property described
in the offer(s).
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11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of
Dedication as set forth in Section I.10., with Preliminary Reports on Title dated not more than
thirty (30) days prior to date of submission of all the property described in the Irrevocable
Offer(s) of Dedication.
12. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.B., with a complete list
of all contractors and subcontractors to be performing work on PROJECT, including the
corresponding license number and license classification of each. At such time, DEVELOPER
shall further identify in writing its designated superintendent for PROJECT construction.
13. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.B., a construction
schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's
contractor proposes to carry out the various parts of work, including estimated start and
completion dates. As construction of PROJECT progresses, DEVELOPER shall update said
construction schedule as requested by DISTRICT and/or CITY.
14. Furnish DISTRICT with final mylar plans ("RECORD DRAWINGS") for
PROJECT, and assign their ownership to DISTRICT prior to the start on any portion of
PROJECT construction.
15. Not permit any change to or modification of DISTRICT and CITY
approved IMPROVEMENT PLANS without the prior written permission and consent of
DISTRICT and CITY.
16. Comply with all Cal/OSHA safety regulations, including but not limited
:o regulations concerning confined space and maintain a safe working environment for
DEVELOPER, DISTRICT and CITY employees on the site.
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17. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.B., with a confined
space entry procedure specific to PROJECT. The procedure shall comply with requirements
contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space
Operations; Section 5157, Permit Required Confined Space; and District Confined Space
Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT and CITY
prior to the issuance of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER
upon DISTRICT's and CITY's approval.
18. DEVELOPER shall not commence operations until DISTRICT and CITY
have been furnished with original certificate(s) of insurance and original certified copies of
endorsements and, if requested, certified original policies of insurance, including all
endorsements and any and all other attachments. Prior to DISTRICT issuing a Notice to Proceed
to DEVELOPER's construction contractor(s) to begin construction of PROJECT, an original
certificate of insurance evidencing the required insurance coverage shall be provided to
DISTRICT and CITY. At minimum, the procured insurance coverages should adhere to
DISTRICT's and CITY's required insurance provided in Exhibit "C", attached hereto and made
a part hereof. 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 DISTRICT
and CITY, at their individual sole discretion, to provide written notice to DEVELOPER that
either DISTRICT or CITY will no longer be required to perform their obligations hereunder, nor
accept responsibility for ownership, operation and maintenance of PROJECT due, either in whole
or in part, to said breach of this Agreement.
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19. Construct or cause to be constructed PROJECT at DEVELOPER's sole
cost and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS
and this Agreement.
20. Within two (2) weeks of completing PROJECT construction, provide
DISTRICT (Attention: Construction Management Section) and CITY with written notice that
PROJECT construction is substantially complete and requesting that DISTRICT conduct a final
inspection of DISTRICT FACILITIES and CITY conduct a final inspection of PROJECT.
21. If right of way conveyance to DISTRICT is required, upon completion of
PROJECT construction and upon acceptance by CITY of all rights of way deemed necessary by
DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey or
cause to be conveyed to DISTRICT the flood control easement(s), including ingress and egress,
and/or grant deed(s) for the rights of way, as shown in concept in red diagonal hatching on Exhibit
"D" attached hereto and made a part hereof.
22. At the time of recordation of the conveyance document(s) as set forth in
Section I.21., furnish DISTRICT with policies of title insurance, each in the amount of not less
than (i) fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
easement parcel to be conveyed to DISTRICT or (ii) one hundred percent (100%) of the
estimated value, as determined by DISTRICT, for each fee parcel to be conveyed to DISTRICT,
guaranteeing DISTRICT's interest in said property as being free and clear of all liens,
encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except
those which, in the sole discretion of DISTRICT, are acceptable.
23. Accept ownership and sole responsibility for the operation and
maintenance of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility
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for the operation and maintenance of DISTRICT FACILITIES, (ii) DISTRICT accepts
responsibility for the inspection and maintenance of PROPOSED DISTRICT BASIN
FEATURES, (iii) CITY accepts ownership and responsibility for the operation and maintenance
of APPURTENANCES, (iv) CITY accepts ownership of PROPOSED LINE A-14 BASIN B,
and (v) CITY accepts responsibility for the inspection and maintenance of PROPOSED CITY
BASIN FEATURES. Further, it is mutually understood by the parties hereto that prior to
DISTRICT acceptance of ownership and responsibility for the operation and maintenance of
DISTRICT FACILITIES, PROJECT shall be in a satisfactorily maintained condition as solely
determined by DISTRICT and PROPOSED DISTRICT BASIN FEATURES shall have been
accepted by DISTRICT for inspection and maintenance. If, subsequent to the inspection and, in
the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition,
corrections shall be made at sole expense of DEVELOPER. Similarly, it is mutually understood
by the parties hereto that prior to CITY acceptance of ownership and responsibility for the
operation and maintenance of APPURTENANCES, (i) PROJECT shall be in a satisfactorily
maintained condition as solely determined by CITY, (ii) PROPOSED LINE A-14 BASIN shall
have been accepted by CITY for ownership, and (iii) PROPOSED CITY BASIN FEATURES
shall have been accepted by CITY for inspection and maintenance. If, subsequent to the
inspection and, in the sole discretion of CITY, the PROJECT is not in an acceptable condition,
corrections shall be made at sole expense of DEVELOPER.
24. Accept all liability whatsoever associated with the ownership, operation
ind maintenance of PROJECT until such time as (i) DISTRICT FACILITIES are formally
accepted by DISTRICT for ownership, operation and maintenance and (ii) APPURTENANCES
ire formally accepted by CITY for ownership, operation and maintenance.
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25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees, including reasonable
attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
26. Upon completion of PROJECT construction, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance and CITY
acceptance of APPURTENANCES for ownership, operation and maintenance, provide or cause
its civil engineer of record or construction civil engineer of record, duly registered in the State of
California, to provide DISTRICT and CITY with a redlined RECORD DRAWINGS copy of
PROJECT plans. After DISTRICT and CITY approval of the redlined RECORD DRAWINGS,
DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes
onto DISTRICT's original RECORD DRAWINGS at DISTRICT's office, after which the
engineer shall review, stamp and sign the original PROJECT engineering plans RECORD
DRAWINGS.
27. Ensure that all work performed pursuant to this Agreement by
DEVELOPER, its agents or contractors is done in accordance with all applicable laws and
regulations, including but not limited to all applicable provisions of the Labor Code, Business
and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTRICT shall:
1. Review IMPROVEMENT PLANS and approve when DISTRICT has
Jetermined that such plans meet DISTRICT standards and are found acceptable to DISTRICT
)rior to the start of PROJECT construction.
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2. Provide CITY an opportunity to review and, if CITY deems appropriate
in its sole and absolute discretion, approve IMPROVEMENT PLANS prior to DISTRICT's final
approval. DISTRICT shall not approve IMPROVEMENT PLANS until CITY has provided its
approval pursuant to this Section.
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. If applicable, record or cause to be recorded the Irrevocable Offer(s) of
Dedication pursuant to Section I.10. Neither this section nor Section I.10 restricts CITY's ability
to require any other lawful Irrevocable Offer(s) of Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES.
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 FACILITIES
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 DISTRICT FACILITIES as being
complete.
8. Prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTRICT FACILITIES, PROJECT shall be in a satisfactorily
naintained condition as solely determined by DISTRICT and shall have been accepted by
DISTRICT for ownership, operation and maintenance. If, subsequent to the inspection and in
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the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition,
corrections shall be made at sole expense of DEVELOPER.
9. Accept ownership and sole responsibility for the operation and
maintenance of DISTRICT FACILITIES from DEVELOPER upon (i) the completion of
PROPOSED LINE A-14 BASIN B construction, (ii) DISTRICT acceptance of responsibility for
the inspection and maintenance of PROPOSED DISTRICT BASIN FEATURES, (iii)
DISTRICT inspection of DISTRICT FACILITIES in accordance with Section 1.20., (iv)
DISTRICT acceptance of DISTRICT FACILITIES construction as being complete, (v)
DISTRICT receipt of stamped and signed "RECORD DRAWINGS" of PROJECT plans, as set
forth in Section I.26., (vi) DISTRICT acceptance of all rights of way as deemed necessary by
DISTRICT and CITY for the ownership, operation and maintenance of DISTRICT FACILITIES
and APPURTENANCES, (vii) CITY acceptance of APPURTENANCES for ownership,
operation and maintenance, (viii) CITY acceptance of PROPOSED LINE A-14 BASIN B for
ownership, (ix) CITY acceptance of PROPOSED CITY BASIN FEATURES for inspection and
maintenance and (x) DISTRICT's sole determination that DISTRICT FACILITIES are in a
satisfactorily maintained condition.
10. Provide CITY with a reproducible duplicate copy of RECORD
DRAWINGS of PROJECT plans within 10 days of receipt.
11. In the event CITY wishes to utilize DISTRICT's construction inspection,
materials testing and construction survey services, and CITY provides DISTRICT with a written
request for such services under Section II1.3., DISTRICT shall provide a timely response whether
or not they have the resources to perform such services. If DISTRICT wishes to provide such
services, DISTRICT shall provide all necessary construction inspection, materials testing and
construction survey services for PROJECT and assist CITY as needed with the administration of
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PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs
associated with the inspection of PROJECT construction, as set forth herein.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
I PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment
bonds submitted by DEVELOPER as set forth in Section I.7., and hold said bonds as provided
herein.
3. Inspect PROJECT construction or cause PROJECT's construction to be
inspected by its construction manager, to be reimbursed by DEVELOPER. In the event CITY
wishes to utilize DISTRICT's construction inspection, materials testing and construction survey
services, CITY shall provide DISTRICT with a written request (Attn: Construction
Management) for such services pursuant to Section II.11 above.
4. Upon request by DISTRICT, CITY shall review any requested Irrevocable
Offer(s) of Dedication in connection with the PROJECT and accept any such Irrevocable Offers
of Dedication on behalf of DISTRICT. In the same action, CITY shall immediately convey the
property interest(s) associated with the requested Irrevocable Offer(s) of Dedication to
DISTRICT via quitclaim or other similar conveyance document, which shall be prepared by
DISTRICT. DISTRICT shall be deemed to have accepted the property interest(s) associated with
the requested Irrevocable Offer(s) of Dedication upon the recordation of the conveyance
document.
5. Grant DISTRICT, by execution of this Agreement, the right to inspect,
operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT
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(including its employees, supervisors, agents, contractors and anyone else operating under their
direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact
the public health and safety.
6. Accept ownership and sole responsibility for the operation and
maintenance of APPURTENANCES upon (i) the completion of PROPOSED LINE A-14 BASIN
B construction, (ii) DISTRICT acceptance of responsibility for the inspection and maintenance
of PROPOSED DISTRICT BASIN FEATURES, (iii) CITY acceptance of PROPOSED LINE
A-14 BASIN B for ownership, (iv) CITY acceptance of PROPOSED CITY BASIN FEATURES
for inspection and maintenance, (v) CITY inspection of PROJECT in accordance with Section
I.20., (vi) CITY and DISTRICT acceptance of PROJECT construction as being complete, (vii)
CITY receipt of signed reproducible duplicate copy of RECORD DRAWINGS of PROJECT
plans, as set forth in Section II.10., (viii) CITY acceptance of all rights of way as deemed
necessary by DISTRICT and CITY for the ownership, operation and maintenance of DISTRICT
FACILITIES and APPURTENANCES and the (ix) CITY's sole determination that PROJECT is
in a satisfactorily maintained condition. In addition to the foregoing, CITY's acceptance under
this section shall not be effective until DISTRICT's acceptance of DISTRICT FACILITIES under
Section II, above. As such, until DISTRICT accepts DISTRICT FACILITIES, the ownership
and maintenance obligations regarding the APPURTENANCES shall be the sole responsibility
of DEVELOPER.
7. Release occupancy permits in accordance with the approved conditions of
approval.
8. Notwithstanding any of the foregoing, prior to accepting ownership of
APPURTENANCES, PROJECT shall be in a satisfactorily maintained condition as solely
determined by CITY. If, subsequent to the inspection and in the sole discretion of CITY,
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APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense
of DEVELOPER.
9. Upon DISTRICT and CITY acceptance of PROJECT construction as
being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and
covers located within CITY rights of way which must be performed at such time(s) that the
finished grade along and above the underground portion of DISTRICT FACILITIES is improved,
repaired, replaced or changed. It being further understood and agreed that any such adjustments
shall be performed at no cost to DISTRICT.
car rrn�.T ry
It is further mutually agreed by the parties hereto that:
1. All work involved with PROJECT shall be inspected by DISTRICT and
CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writing
that construction of the PROJECT is completed in accordance with DISTRICT and CITY
approved IMPROVEMENT PLANS.
2. CITY and DEVELOPER personnel may observe and inspect all work
being done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be
solely responsible for all quality control communications with DEVELOPER's contractor(s)
during the construction of PROJECT. Prior to any communication with DEVELOPER under
this section, DISTRICT and CITY personnel shall meet and confer and agree to all
communications conveyed to DEVELOPER. If DISTRICT and CITY should disagree as to the
content of any particular communication, DISTRICT personnel agree to communicate CITY
comments to DEVELOPER in addition to DISTRICT comments.
3. DEVELOPER shall complete construction of PROJECT within eighteen
(18) consecutive months after receipt of Notice to Proceed from DISTRICT and CITY. It is
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expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER
to perform the work within the agreed upon time shall constitute authority for DISTRICT to
perform the remaining work and require DEVELOPER's surety to pay to CITY the penal sum of
any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT for DISTRICT
costs incurred.
4. If DEVELOPER fails to commence construction of PROJECT within nine
(9) months after the Notice to Proceed is issued, then DISTRICT and CITY reserve the right to
review the existing site conditions as they exist at the time DEVELOPER provides written
notification to DISTRICT and CITY of the start of construction as set forth in Section I.8. In the
event of a change in the existing site conditions that materially affects PROJECT function or
DISTRICT's ability to operate and maintain DISTRICT FACILITIES or CITY's ability to operate
and maintain APPURTENANCES, DISTRICT or CITY may require DEVELOPER to modify
IMPROVEMENT PLANS as deemed necessary by DISTRICT or CITY. Under no
circumstances shall either DISTRICT or CITY be allowed to modify the IMPROVEMENT
PLANS without the consent of the other.
5. DISTRICT and CITY shall endeavor to issue DEVELOPER a Notice to
Proceed within twenty (20) days of receipt of DEVELOPER's complete written notice, as set
forth in Section I.8., and submittal of all the required items as set forth in this Agreement,
including but not limited to Sections I.3., I.4., I.7., I.10., I.12., I.13., I.17. and I.18; however,
DISTRICT's and CITY's construction inspection staff is limited and may take up to 60 days for
the issuance of a Notice to Proceed as determined by the DISTRICT and CITY.
In the event DEVELOPER wishes to expedite issuance of the Notice(s) to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation
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of the individual's credentials and experience to DISTRICT and CITY for review and, if
appropriate, approval, as determined by DISTRICT and CITY in their reasonable discretion.
DISTRICT and CITY shall review the individual's qualifications and experience and upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be
authorized to act on DISTRICT's and CITY's behalf on all PROJECT construction and quality
control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to
Section 1.3. exceeds ten thousand dollars ($10,000), DISTRICT shall refund to DEVELOPER up
to eighty percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) days
of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of ten
thousand dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour
work week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal
holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels
it is necessary to work more than the normal forty (40) hour work week or on holidays,
DEVELOPER shall make a written request for permission to DISTRICT and CITY to work the
additional hours. The request shall be submitted to DISTRICT and CITY at least seventy-two
(72) hours prior to the requested additional work hours and state the reasons for the overtime and
the specific time frames required. The decision of granting permission for overtime work shall
be made by DISTRICT and CITY, whose respective decisions can be given in their sole
discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER
will be charged the cost incurred at the overtime rates for additional inspection time required in
connection with the overtime work in accordance with Ordinance Nos. 671 and 749, including
any amendments thereto, of the County of Riverside, as well as CITY's applicable fee schedule
and/or other related ordinance or regulation. Notwithstanding the foregoing, should DISTRICT
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agree to provide inspection and management services to CITY pursuant to a request by CITY
under Section II(11) and Section III(3), above, CITY can also agree to not require its consent
under this section.
7. INDEMNIFICATION OBLIGATIONS:
i. DEVELOPER INDEMNIFICATION OF DISTRICT AND THE
COUNTY OF RIVERSIDE. DEVELOPER shall indemnify and hold
harmless DISTRICT and the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors,
officers, Board of Supervisors, elected and appointed officials,
employees, agents and representatives (individually and collectively
hereinafter referred to as "Indemnitees") from any liability
whatsoever, claim, damage, proceeding or action, present or future,
based upon, arising out of or in any way relating to DEVELOPER's
(including its officers, employees, contractors, subcontractors and
agents) actual or alleged acts or omissions related to this Agreement,
performance under this Agreement, or failure to comply with the
requirements of this Agreement, including but not limited to: (a)
property damage; (b) bodily injury or death; (c) liability or damage
pursuant to Article I, Section 19 of the California Constitution, the
Fifth Amendment of the United States Constitution or any other law,
ordinance or regulation caused by the diversion of waters from the
natural drainage patterns or the discharge of drainage within or from
PROJECT; or (d) any other element of any kind or nature whatsoever
arising from the performance of DEVELOPER, its officers,
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employees, contractors, subcontractors, agents or representatives
("Indemnitors") from this Agreement.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including but not limited to attorney fees, cost of investigation,
defense and settlements or awards), the Indemnitees in any claim,
proceeding or action for which indemnification is required.
With respect to any action or claim subject to indemnification herein
by DEVELOPER, DEVELOPER shall, at its sole cost, have the right
to use counsel of their own choice and shall have the right to adjust,
settle, compromise any such claim, proceeding or action without the
prior consent of DISTRICT and the County of Riverside; provided,
however, that any such adjustment, settlement or compromise in no
manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to the Indemnitees as set forth herein.
DEVELOPER's indemnification obligations hereunder shall be
satisfied when DEVELOPER has provided to DISTRICT and the
County of Riverside the appropriate form of dismissal (or similar
document) relieving DISTRICT and the County of Riverside from any
liability for the claim, proceeding or action involved.
ii. DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnify and hold harmless CITY (including its governing bodies,
agencies, districts, special districts and departments, their respective
directors, officers, councilmembers, elected and appointed officials,
employees, agents and representatives) from any liability, claim,
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235829
damage, proceeding or action, present or future, based upon, arising
out of or in any way relating to this Agreement, or DEVELOPER's
(including its officers, employees, subcontractors and agents) actual or
alleged acts or omissions related to this Agreement, DEVELOPER's
performance under this Agreement, or DEVELOPER's failure to
comply with the requirements of this Agreement, including, but not
limited to: (a) property damage; (b) bodily injury or death; (c) liability
or damage pursuant to Article I, Section 19 of the California
Constitution, the Fifth Amendment of the United States Constitution
or any other law, ordinance or regulation caused by the diversion of
waters from the natural drainage patterns or the discharge of drainage
within or from PROJECT; or (d) any other element of any kind or
nature whatsoever.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including but not limited to attorney fees, cost of investigation,
defense and settlements or awards), CITY (including its governing
bodies, respective directors, officers elected and appointed officials,
employees, agents and representatives) with legal counsel reasonably
satisfactory to CITY in any claim proceeding or action for which
indemnification is required. If DEVELOPER fails to meet its
indemnification obligation, CITY shall have the right, but not the
obligation, to do so with counsel of their own choosing, with no right
of approval by DEVELOPER and, if it does, DEVELOPER shall
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235829
promptly pay CITY's full cost thereof, with payments made at least on
a monthly basis.
DEVELOPER's indemnification obligations as to CITY shall be
satisfied when DEVELOPER has provided to CITY a form of
dismissal regarding any liability for the claim, proceeding or action
involved, and CITY determines that the form of dismissal is adequate
in their sole and absolute discretion. Notwithstanding the foregoing,
DEVELOPER shall enter into no settlement agreement or final
resolution of any pending claim covered under this subsection, without
CITY's prior written approval.
iii. Should DISTRICT and CITY fail to agree with the implementation of
this section, or if a pending claim pertains to only one of the two
parties, DEVELOPER shall be required to comply with this section as
to DISTRICT and CITY individually.
iv. The specified insurance limits required in this Agreement shall in no
way limit or circumscribe DEVELOPER's obligations to indemnify
and hold harmless the Indemnitees and CITY from third party claims.
V. In the event there is conflict between this section and California Civil
Code Section 2782, this section shall be interpreted to comply with
California Civil Code Section 2782. Such interpretation shall not
relieve DEVELOPER from indemnifying the Indemnitees or CITY to
the fullest extent allowed by law.
8. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT, the County of Riverside and CITY (including their agencies, districts, special
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235829
districts and departments, their respective directors, officer, Board of Supervisors, elected and
appointed officials, employees, agents and representatives) from any and all claims, demands,
actions or suits of any kind arising out of any liability, known or unknown, present or future,
including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section
19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any
other law or ordinance which seeks to impose any other liability or damage whatsoever for
damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein
shall constitute a release by DEVELOPER of DISTRICT or the County of Riverside, or their
officers, agents and employees from any and all claims, demands, actions or suits of any kind
arising out of any liability, known or unknown, present or future, for the negligent maintenance
of DISTRICT FACILITIES, after the acceptance of ownership, operation and maintenance of
DISTRICT FACILITIES by DISTRICT.
9. Any waiver by DISTRICT or by CITY of any breach of any one or more
of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as, in any manner, changing the terms hereof or estopping DISTRICT or CITY from
enforcement hereof.
10. This Agreement is to be construed in accordance with the laws of the State
of California. If any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect
without being impaired or invalidated in any way.
11. 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:
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To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section
To CITY: CITY OF MENIFEE
29844 Haim Road
Menifee, CA 92586
Attn: Yolanda Macalalad, Acting City Engineer, Land Development
Section
To DEVELOPER: CIMARRON RIDGE, LLC
2900 Adams Street, Suite C25
Riverside, CA 92504
Attn: Craig Mazzara
12. 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.
13. This Agreement is the result of negotiations between the parties hereto and
the advice and assistance of their respective counsel; as such, the authorship of this Agreement
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.
Likewise, any uncertainty or ambiguity in this Agreement shall not be construed against CITY
because CITY participated in the preparation of this Agreement.
14. The rights, obligations and releases (including the indemnification
obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and
assignees.
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15. In the event DEVELOPER sells Tract Nos. 36658-6 or 36658,
DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing
no later than 30 days from the date of the sale. DEVELOPER expressly understands and agrees
that it shall remain liable with respect to any and all of the obligations and duties contained in
this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Nos.
36658-6 or 36658 fully execute an assignment and assumption agreement that transfers all
DEVELOPER's rights, duties or obligations hereunder to the new owner(s) of Tract Nos. 36658-
6 or 36658.
16. The individual(s) executing this Agreement on behalf of DEVELOPER
certify that they have the authority within their respective company(ies) to enter into and execute
this Agreement, and have been authorized to do so by all boards of directors, legal counsel and/or
any other board, committee or other entity within their respective company(ies) which have the
authority to authorize or deny entering into this Agreement.
17. This Agreement is intended by the parties hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent of the parties hereto.
18. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original but all of which taken together shall constitute one and the
same instrument.
//
//
-27-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
235829
0 W,,k- L U 2A
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
By \ '
J9S0-N E. UHLEY
Ief Engineer
APPROVED AS TO FORM:
GREGORY P. PRIAMOS
County Counsel
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By ..5.
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
KECIA HARPER
Clerk of the Board
(J
By - — C 1 By U
LEILA MOSHREF-DANESH Deputy
Deputy County Counsel
(SEAL)
Cooperative Agreement with City of Menifee and Cimarron Ridge, LLC
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
12/22/2020
235829
RECOMMENDED FOR APPROVAL:
By
YOI NDA S. MACALALAD
Acti City Engineer
APPROVED AS TO FORM:
1
By
JEFFREY T. - CH1NG
City Attorney
CITY OF MENIFEE
s
By
ARMANDO G. VILLA
City Manager
AT
M.
(SEAL)
Cooperative Agreement with City of Menifee and Cimarron Ridge, LLC
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 3 665 8-6 and 36658
12/22/2020
RKM:se
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CIMARRON RIDGE, LLC,
a California limited liability company
BY: Van Daele Invest lent Properties, LLC
Its Managing Winbey
I:
HACK
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement with City of Menifee and Cimarron Ridge, LLC
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
12/22/2020
RKM:se
-30-
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
�
County of P'Cni, U`el—SI't��
On , C�[r►n�� , �Gti10 before me, --e 4�iilell_ i)
Date // He insert Name and Title of th fircer
personally appeared �_ �a f __
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
KELLY PALMER paragraph is true and correct.
NotaryPublic— California
Rv&we County CoMssepn # 2223223992 WITNESS my hand and official seal.
-
My Comm Expires Dec 2.2021
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL -
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
)2019 National Notary Association
Number of Pages:
Signer's Name: _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Exhibit A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 6 OF PARCEL MAP NO. 36657, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN HOOK 245 PAGES 70 THROUGH 87 OF PARCE1,
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SEPTEMBER 19, 2018.
EXCEPTING A 1/2 INTEREST IN ALL OIL AND MINERAL RIGHTS LOCATED ON SAID PROPERTY, WITH THE
RIGHT OF ENTRY ON SAID PREMISES FOR, MINING AND REMOVING SAME, AS RESERVED TN DEED FROM
ALICE O. HANSEN AND A. A. HANSEN, RECORDED NOV it BER 4, 1920 IN IJOOK 37 PAC_ E 292 OF DEFOS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING 50% OF ALL OIL, GAS, MINERAL, URANIUM AND OTHER HYDROCARBON SUBSTANCES
IN AND UNDER SAID LAND, AS RESERVED BY RANCH DEVELOPMENT CORPORATION, A CORPORATION.
INDEED RECORDED FE_BRUARY 9, 1956 IN BOOK 1860, PAGE, 508 OF OFF€CIA€. RECORDS, OF RIVERSIDE
COUNTY, CALIFORNIA.
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Pagel of 2
Exhibit A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 7 OF PARCEL MAP NO. 36657, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 245, PAGES 70-1'IIROIJOIE 87 INCLUSIVE OF
PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SEPTEMBER 19, 2018.
EXCEPTING A 1/2 INTEREST IN ALL OIL AND MINERAL RIGHTS LOCATED ON SAID PROPERTY, WITH THE
RIGHT OF ENTRY ON SAID PREMISES FOR MINING AND REMOVING SAME., AS RESERVED IN DEED FROM
ALICE O. HANSEN AND A. A. HANSEN, RECORDED NOV :iW1I3ER 04 1920 IN BOOK 537 FAGS 292 OF DIi1 1)
RECORDS OF RIVERSIDE. COUNTY, CALIFORNIA.
ALSO EXCEPTING 50% OF ALL OIL, GAS, MINERALS, URANIUM, AND OTHER HYDROCARBON SUBSTANCES
IN AND UNDER SAID LAND, AS RESERVED BY RANCH DEVELOPMENT CORPORATION, A NEVADA
CORPORATION, IN DEED RECORDED FE.11RUARY 09 1950 IN BOOK I h-00 _PAGE 508 OF []FFIC[J1],_ RECO —DS
OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM, AND OTHER FISSIONABLE MATERIALS, ALL
OIL, GAS, PETROLEUM. ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS
AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED
OR NOT, WITHIN OR UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBL'FORE
DESCRIBED LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH
UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF
SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID
URANIUM, THORIUM, AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM, AND
OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY
UNDERSTOOD AND AGREED THAT SAID SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS
AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID
LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET FOR ANY PURPOSE
WHATSOEVER, AS RESERVED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, IN DEED
RECORDED) -UN{ 02. 1997 AS INi 1Z1JMI:NT NO, 19RH OF OFFICIAL RECORDS.
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 2 of 2
Exhibit B
PROPOSED
LINEA-14
BASIN B-.ew
— — ---- ,...
(Yellow) — -
MICA COURT
STAGE 1
(Green)
- 4
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 1 of 1
Exhibit C
DISTRICT's and CITY's Required Insurance is as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold
DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be maintained
by its contractor, at its sole cost and expense, the following insurance coverages during the term
of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the
Riverside County Flood Control and Water Conservation District, the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California,
DEVELOPER shall maintain statutory Workers' Compensation Insurance
(Coverage A) as prescribed by the laws of the State of California. Policy shall
include Employers' Liability (Coverage B) including Occupational Disease with
limits not less than $1,000,000 per person per accident. Policy shall be endorsed
to waive subrogation in favor of the Riverside County Flood Control and Water
Conservation District, the County of Riverside, and CITY.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, unmodified contractual liability, products and completed
operations liability, personal and advertising injury and cross liability coverage,
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 1 of 7
Fvhihit C
covering claims which may arise from or out of DEVELOPER's performance of
its obligations hereunder. Additionally, Commercial General Liability insurance
no less broad than ISO form CG 00 01. Policy shall name DISTRICT and CITY
and its agencies, districts, special districts and departments, their respective
directors, officers, Board of Supervisors, employees, elected or appointed
officials, agents or representatives as additional insureds. Policy's limit of
liability shall not be less than $5,000,000 per occurrence combined single limit.
If such insurance contains a general aggregate limit, it shall apply separately to
this Agreement or be no less than two (2) times the occurrence limit. DISTRICT
and CITY must be an additional insured for liability arising out of ongoing and
completed operations by or on behalf of DEVELOPER. DISTRICT and CITY
shall continue to be an additional insured for completed operations for two years
after completion of the work. If DEVELOPER maintains higher limits than the
specified minimum limits, DISTRICT and CITY require and shall be entitled to
coverage for the higher limits maintained by DEVELOPER.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then DEVELOPER shall maintain liability insurance for
all owned, non -owned or hired vehicles so used in an amount not less than
$1,000,000 per occurrence combined single limit. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be no less
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 3 665 8-6 and 36658
Page 2 of 7
Exhibit C
than two (2) times the occurrence limit. Policy shall name DISTRICT, and its
agencies, districts, special districts and departments, their respective directors,
officers, Board of Supervisors, employees, elected or appointed officials, agents
or representatives, and CITY as additional insureds.
D. Professional [lability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in
connection with the performance of DEVELOPER's obligations under this
Agreement to maintain Professional Liability Insurance providing coverage for
the performance of their work included within this Agreement, with a limit of
liability of not less than $2,000,000 per occurrence and $2,000,000 annual
aggregate. DEVELOPER shall require that, if such Professional Liability
Insurance is written on a claims made basis rather than an occurrence basis, such
insurance shall continue through the term of this Agreement and that such
architect or engineer shall purchase at such architect or engineer's sole expense
either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or
2) Prior Dates Coverage from a new insurer with a retroactive date back to the
date of, or prior to the inception of this Agreement; or 3) demonstrate through
Certificates of Insurance that such architect or engineer has maintained
continuous coverage with the same or original insurer. Coverage provided under
items: 1), 2) or 3) shall continue for the term specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITY.
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 3 of 7
Exhibit C
E. General Insurance Provisions — All Lines:
i. Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not
less than an A: VIII (A: 8) unless such requirements are waived, in writing,
by the DISTRICT Risk Manager and CITY. If the DISTRICT's Risk
Manager and CITY waive a requirement for a particular insurer such waiver
is only valid for that specific insurer and only for one policy term.
ii. DEVELOPER must declare its insurance self -insured retention for each
coverage required herein. If any such self -insured retention exceeds
$500,000 per occurrence each such retention shall have the prior written
consent of the DISTRICT Risk Manager and CITY before the
commencement of operations under this Agreement. Upon notification of
self -insured retention deemed unacceptable to DISTRICT or CITY and at
the election of CITY or the DISTRICT's Risk Manager, DEVELOPER's
carriers shall either: 1) reduce or eliminate such self -insured retention with
respect to this Agreement with DISTRICT; or 2) procure a bond which
guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
iii. DEVELOPER shall cause their insurance carrier(s) or its contractor's
insurance carrier(s), to furnish DISTRICT and CITY with 1) a properly
executed original certificate(s) of insurance and certified original copies of
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 4 of 7
Exhibit C
endorsements effecting coverage as required herein; and 2) if requested to
do so orally or in writing by CITY or the DISTRICT Risk Manager, provide
original certified copies of policies including all endorsements and all
attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the
covenant of the insurance carrier(s) that a minimum of thirty (30) days
written notice shall be given to DISTRICT and CITY prior to any material
modification, cancellation, expiration or reduction in coverage of such
insurance. If DEVELOPER insurance carrier(s) policies does not meet the
minimum notice requirement found herein, DEVELOPER shall cause
DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of
Cancellation Endorsement.
iv. It is understood and agreed by the parties hereto that DEVELOPER's and/or
its contractor's insurance shall be construed as primary insurance, and
DISTRICT's and CITY's insurance and/or deductibles and/or self -insured
retentions or self -insured programs shall not be construed as contributory.
V. If, during the term of this Agreement or any extension thereof, there is a
material change in the scope_ of services or there is a material change in the
equipment to be used in the performance of the scope of work which will
add additional exposures (such as the use of aircraft, watercraft, cranes,
etc.); or the term of this Agreement, including any extensions thereof,
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 5 of 7
FYhihit C
exceeds five (5) years, DISTRICT and CITY reserve the right to adjust the
types of insurance required under this Agreement and the monetary limits
of liability for the insurance coverages currently required herein, if, in
CITY's or the DISTRICT Risk Manager's reasonable judgment, the amount
or type of insurance carried by DEVELOPER has become inadequate.
vi. DEVELOPER shall pass down the insurance obligations contained herein
to all tiers of contractors and subcontractors working under this Agreement.
vii. The insurance requirements contained in this Agreement may be met with
a program(s) of self-insurance acceptable to DISTRICT and CITY.
viii. DEVELOPER agrees to notify DISTRICT and CITY of any claim by a third
party or any incident or event that may give rise to a claim arising from the
performance of this Agreement.
DEVELOPER hereby agrees to waive rights of subrogation which any insurer of
DEVELOPER may acquire from DEVELOPER by virtue of the payment of any loss.
DEVELOPER agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the CITY or DISTRICT has
received a waiver of subrogation endorsement from the insurer. However, the Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of the County of
Riverside, CITY, and the Riverside County Flood Control and Water Conservation District for all
work performed by the DEVELOPER, its employees, agents, contractors and subcontractors.
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 6 of 7
Fxhihit C
The insurance required by this section must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of contract work. If coverage is
canceled or non -renewed, and not replaced with another claims -made policy form with a
retroactive date prior to the contract effective, or start of work date, the DEVELOPER must
purchase extended reporting period coverage for a minimum of five (5) years after completion of
contract work.
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 7 of 7
Exhibit D
Rights of Way --
(Red Diagonal
Hatching)
r —
kTR 36658-6
r
TR 36656
� � r
-_
TR 36658 4
COOPERATIVE AGREEMENT
Sun City — Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
Page 1 of 1