2018/02/27 Riverside County Flood Control and Water Conservation District Salt Creek Storm Drain2
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COOPERA TIVE AGREEMENT
Salt Creek - Westward Circle Storm Drain, Stage I
Salt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage 1
Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos, 4-0-00377,4-0-00378, 4-0-00379,4-0-00380 and 4-0-00382
Parcel Map No. 32269
The fuverside county Flood control and water conservation District, a body
politic ("DISTRICT"), the city of Menifee, a municipal corporation of the State of califbmia
('CITY'), sutter Mitland 01 LLC, a Delaware limited liability company ("DEVL,LOPER,),
hereby agree as follows:
REC ITALS
A. DEVEL0PER is the legal owner of record of certain real property located
within the county of Riverside. DEVELOpER has submitted for approval parcel Map No. 32269
located in the city of Menifee. As a condition of approval for parcel Map No. 32269,
DEVELOPER must construct certain flood control facilities in order to provide flood protection
and drainage for DEVELOPER'S planned development; and
B. The legal description of parcel Map No. 32269 is provided in Exhibit,'A,'
attached hereto and made a part hereof; and
C. The required flood control facilities and drainage improvements, as shoun
in concept on Exhibit "B", attached hereto and made a part hereof, and as shown on District
Drawing Nos. 4-1099 and 4-l 101 , includes:
i) Approximately 775 lineal feet of l0-foot wide by 4-foot high
reinforced concrete box and an associated l5-foot wide maintenance
access road (-LINE B,). At its downstream terminus, LINE B will
connect to DISTNCT's existing Salt Creek Channel, Stage 7 facility,
as shown on District Drawing No. 4-0976. True and correct copies of
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the District-approved district drawings are public records that are
within DISTRICT's possession and can be made available upon
request;
ii) Approximately 689 lineal feet of underground storm drain system
('LINE B-8). At its upstream terminus, LINE B-g terminates with a
concrete bulkhead for future extension;
iii) Approximately 1,410 lineal feet of underground storm drain system
("LINE C-7-). At its downstream terminus, LINE C-7 terminates with
a concrete bulkhead for future extension;
iv) Approximately 92 lineal feet of underground storm drain system
("LINE C-9'). At its upstream terminus, LINE C-9 terminates with a
conctete bulkhead for future extension;
v) Approximately 286 lineal feet of underground storm drain system
C'LINE C-I0). At its upstream terminus, LINE C-10 terminates with
a concrete bulkhead for future extension. Together, LINE B, LINE B_
8, LINE C-7, LINE C-9 and LINE C-10 are hereinafter called
"DISTRICT FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES is the
construction of (i) approximately 70 lineal feet of l2-inch pVC subdrain pipe; (ii)
approximately 1 l1 lineal feet of4' x 10' reinforced concrete box; (iii) approximately 302
lineal feet of 42-inch reinforced concrete pipe; (iv) approximately 566 lineal feet of4g-
inch reinforced concrete pipe; and (v) certain catch basins, connector pipes, headwalls,
inlets, riprap structures, bio-retention basins, maintenance access road and various lateral
storm drains that are thirty-six inches (36") or less in diameter that are located within
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CITY held easements or rights of way (,,AppURTENANCES.). Together, DISTRICT
FACILITIES and APPURTENANCES are hereinafter called "pROJECT"; and
E. On or about September 13,2016, DISTRICT and DEVELOpER entered
into a fught of Entry and Inspection Agreement that authorizes DEVELOPER to construct LINE
B. Pursuant to the Right of Entry and Inspection Ageement, DEVELOpER has commenced and
completed construction of LINE B; and
F. On or about December 4, 2017, DISTRICT and DEVELOpER entered into
a Right of Entry and Inspection Agreement that authorizes DEVELOPER to construct LINE B-
8' LINE c-7, LINE c-9 and LINE c-10. Pursuant to the Right of Entry and Inspection
Agreement, DEVELOPER has commenced construction of LINE B-8, LINE C-7, LINE C-9 and
LINE C-10; and
G. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore,
DISTRICT must review and approve DEVELoPER's plans and specifications for pRoJECT and
subsequently inspect the construction of DISTRICT FACILITIES; and
H. 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 ofPROJECT; and
I. DISTRICT is willing to (i) review and approve DEVELOpER's plans and
specifications for PRoJECT, (ii) inspect rhe construction of DISTRICT FACILITIES, and (iii)
accept ownership and responsibility for the operation and maintenance of DISTRICT
FACILITIES, provided DEVELOPER (a) complies with this Agreerilent, (b) constructs
PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (c)
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obtains and conveys to DISTRICT all rights of way necessary for the inspection, operation and
maintenance of DISTRICT FACILITIES 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
J. CITY is willing to (i) review and approve DEVELOpER's plans and
specifications for PRoJECT, (ii) inspect the constnrction of pRoJECT, (iii) accept and hold
faithful performance and payment bonds submitred 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 GITY 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.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
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DEVELOPER shall:
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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 of 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 of the start of pRoJECT
construction as set forth in Section L8., 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 amor.rnt(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 ofPROJECT construction as set forth in Section I.8., the estimated cost of
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 GITY to exceed the deposit with cITy, DEVELopER shall pay
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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 fumish DISTRICT and cITy, at the time of
providing written notice to DISTRICT of the start of construction as set forth in Section L8., or
not less than twenty (20) days prior to recordation of the fLnal map for parcel Map No. 32269 or
any phase thereof whichever occurs first, with suffrcient evidence of DEVELopER having
secured such necessary licenses, agreements, permits and rights of entry, as determined and
approved by DISTRICT and CITY.
6. Fumish 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 euality
Control Board, Califomia State Department of Fish and Wildlife, State Water Resources Control
Board and Westem Riverside County Regional Conservation Authority (,REGULATORY
PERMITS").
7. Provide CITY, at the time of providing written norice to DISTRICT of the
start of construction as set forth in Section I.8., or not less than twenty (20) days prior to
recordation of the final map for Parcel Map No. 32269 or any phase thereof, whichever occurs
first, with faithful performance and payment bonds, each in the amount of one hundred percent
(100%) of the estimated cost for construction of DISTRICT FACILITIES as determined by
DISTzuCT. 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 are
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accepted by DISTRICT as complete; at which time the bond amount may be reduced to five
percent (5%) for a period ofone year to guarantee against any defective work, labor or materials.
8. Notifr 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 ofgaining
access to and performing inspection service for the construction ofPROJECT as set forth herein.
10. Obtain and provide DISTRICT (Attention: Right of Way Acquisition
Section), at the time of providing written notice to DISTRICT ofthe start of construction as set
forth in Section I.8., or not less than twenty (20) days prior to the recordation ofthe final map for
Parcel Map No. 32269, with duly executed Irrevocable Offer(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 ofthe property described
in the offer(s).
I l. Fumish DISTRICT, when submining the Irrevocable Offe(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 properry described in the Irrevocable offer(s) of
Dedication.
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12. Fumish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section L8., 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 identifu in writing its designated superintendent for pRoJECT construction.
13. Fumish DISTRICT and CITY, at the time of providing wrinen norice to
DISTRICT and CITY of the start of construction as set forth in Section L8., 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- Fumish DISTRICT with final mylar plans for DISTRICT FACILITIES, 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, DISTNCT and CITy
approved IMPRoVEMENT PLANS without the prior written permission and consent of
DISTRICT and CITY.
16. Comply with all CaI/OSHA safety regulations including, but not limited to,
regulations conceming confined space and maintain a safe working environment for
DEVELOPER" DISTRICT and CITY employees on the site.
17. Fumish DISTRICT and CITY, at the time of providing wrinen notice to
DISTRICT of the start of construction as set forth in Section L8., with a confined space entry
procedure specific to PROJECT. The procedure shall comply with requirements contained in
Califomia Code of Regulations, Title 8 Section 5 158, Other Confined Space Operations, Section
5157, Permit Required Confined Space and District Confined Space Procedures, SOM-18. The
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procedure shall be reviewed and approved by DISTRICT and clry 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 fumished with original certificate(s) of insurance and original certified copies of
endorsements and ifrequested, certified original policies ofinsurance including all endorsements
and any and all other attachments as required in this section.
Without limiting or diminishing DEVELOpER's obligation to indemnifu or
hold DISTRICT or cITY harmless, DEVELOPER shall procure and maintain or cause to be
maintained, at its sole cost ard expense, the following insurance coverages during the term of
this Agreement:
A. Workers'Compensation
If DEVELOPER has employees as defined by the State of Califomia,
DEVELOPER shall maintain statutory Workers' Compensation
Insurance (Coverage A) as prescribed by the laws of the State of
Califomia. Policy shall include Employers' Liability (Coverage B)
including Occupationai Disease with limits not less than $1,000,000
per person per accident. Policy shall be endorsed to waive subrogation
in favor of DISTRICT, the County of Riverside ("COLINTY"), and
CITY.
B. Commercial General Liabil tv
Commercial General Liability insurance coverage, including but not
limited to, premises liability, urmodified contractual liability,
products and completed operations liability, personal and advertising
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injury and cross liability coverage, covering claims which may arise
from or out of DEVELOPER's performance of its obligations
hererurder. Additionally, Commercial General Liability insurance no
less broad than ISO form CG 00 01. Policy shall name DISTRICT,
COTINTY and CITY and their 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 occrrrence 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, COLTNTY and CITY must be an additional insured for
liability arising out of ongoing and completed operations by or on
behalf of DEVELOPER. DISTRICT, COTINTY 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, COUNTy and
CITY requires and shall be entitled to coverage for the higher limits
maintained by DEVELOPER.
Vehicle Liabiliqi:
If DEVELOPER's vehicles or mobile equipment are used in the
performance of the obligations under this Agreement, then
DEVELOPER shall maintain liability insurance for all ou"ned, non-
owned or hired vehicles so used in an amount not less than $1,000,000
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per occrurence 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 occunence limit. Policy shall name
DISTRICT, COLINTY and CITY and their agencies, districts, special
districts and departments, their respective directors, offrcers, Board of
Supervisors, employees, elected or appointed officials, agents or
representatives as additional insureds.
Professional Liabilitv:
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 occunence and $4,000,000 arurual 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 sarne or original insurer.
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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.
E.G Insurance Provisions - Al I Lines:
Any insurance carrier providing insurance coverage hereunder
shall be admitted to the State of Califomia 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 County Risk
Manager and CITY. If the County 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.
DEVELOPER must declare its insurance self-insued 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 County 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 County 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.
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DEVELOPER shall cause their insurance carrier(s) or its
contractor's insurance carrier(s), to fumish DISTRICT and
CITY with l) a properly executed original certificate(s) of
insurance and certified original copies of endorsements
effecting coverage as required herein; and 2) if requested to do
so orally or in writing by CITY or the County 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 sixty (60) days wriuen
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 fumish a 60 day Notice
of Cancellation Endorsement. In the event of a material
modification, cancellation, expiration or reduction in coverage,
this Agreement shall terminate forthwith, unless DISTRICT
and CITY receive, prior to such effective date, another
properly executed original certificate ofinsurance and original
copies ofendorsements or certified original policies, including
all endorsements and attachments thereto, evidencing
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coverages set forth herein and the insurance required herein is
in full force and effect. An individual authorized by the
insurance carrier to do so on its behalf shall sign the original
endorsements for each policy and the certificate of insurance.
It is understood and agreed by the parties hereto that
DEVELOPER's insurance shall be construed as primary
insurance, and DISTRICT and CITY's insurance and./or
deductibles and/or self-insured retentions or self-insured
programs shall not be construed as contributory.
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
ofthe scope of work which will add additional exposures (such
as tlte use of aircraft, watercraft, cranes, etc.); or the term of
this Agreement, including any extensions thereof, 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 County Risk
Manager's reasonable judgment, the amount or type of
insurance carried by DEVELOPER has become inadequate.
DEVELOPER shall pass down the insurance obligations
contained herein to all tiers of subcontractors working under
this Agreement.
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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 notit/ 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 ofthis Agreement.
Failure to maintain t}re 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 sole discretion, to provide written notice to DEVELOpER that either
DISTRICT or CITY are able to perform their obligations hereunder, nor to accept responsibility
for ownership, operation and maintenance of PROJECT due, eitrer in whole or in part, to said
breach of this Agreement.
19. Construct or cause to be constructed, PROJECT at DEVELOPER's sole cost
and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
20. Within two (2) weeks of completing PROJECT construction, provide
DISTRICT (Attention: Constnrction 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. Upon completion ofPROJECT construction, and upon acceptance by CITy
ofall rights ofway 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, for the rights ofway, as shown in concept in grey on
Exhibit "C" attached hereto and made a part hereof.
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22- At the time of recordation of the conveyance document(s) as set forth in
Section I.21., fumish 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 fiee and clear of all liens,
encumbrances, assessments, easements, ta,res 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 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. 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. 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, 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, APPURTENANCES are not in an acceptable
condition, conections shall be made at sole expense ofDEVELOpER.
24. 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
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attomeVs'fees and acknowledge that, upon entry ofjudgment, all such costs, expenses and fees
' ll ,f,uff be computed as costs and included in any judgment rendered.
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ll 25. Upon completion of PROJECT construction, but prior to DISTRICT
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acceRtance of DISTRICT FACILITIES for ownership, operation and maintenance and CITY
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*""n,-". of APPURTENANCES for ownership, operation and maintenance, provide or cause
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, ll its civil engineer ofrecord or construction civil engineer ofrecord, duly registered in the State of'il
a ll califomia, to provide DISTRICT and GITY with a redlined "record drawings', copy of pROJECT
II9ll nt*t After DISTRICT and CITY approval of the redlined "record drawings", DEVELOpER's
1 0
ll .ngin... ,hall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT,S
illl
,,, ll
on*tn, mylars at DISTRICT's office, after which the engineer shall review, stamp and sign the
, , ll orieinal PROJECT engineering plans ,,record drawings,,.
il
14 ll 26. Ensure that all work performed pursuant to this Agreement by
il
15 ll DEVELOPER. its agents or contractors is done in accordance with all applicable laws and
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ll reBulations, including but not limited to all applicable provisions of the Labor Code, Business
'' ll *O Professions Code. and Water Code. DEVELOPER shall be solely responsible for all costs
18 ll
ll associated with compliance with applicable laws and regulations.,,
ll. II SECTION II
'u ll
2 r ll DrSrucr shal:
il,, ll l. Review IMPROVEMENT PLANS and approve when DISTRICT has
z: ll aete.mined that such plans meet DISTRICT standaxds and are found acceptable to DISTRICT
il
2a ll p,io. to the start of PROJECT construction.
2s llll 2. Provide CITY an opportunity to review and approve IMPROVEMENT
26 ll
ll PLANS prior to DISTRICT's final approval.2'll
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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.10.
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 ofall 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. Accept ownership aad sole responsibility for the.operation and maintenance
of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in
accordance with Section I.20., (ii) DISTRICT acceptance of PRoJECT construction as being
complete, (iiD DISTRICT receipt of starnped and signed "record drawings,,of pROJECT plans,
as set forth in Section I.25., (iv) recordation ofall conveyance documents described in Section
I.21., (v) CITY acceptance of all necessary street rights of way as deemed necessary by
DISTRICT and clrY for the ownership, operation, and maintenance of DISTRICT FACILITIES
and APPURTENANCES, (vi) CITY acceptance of APPURTENANCES for ownership,
operation, and maintenance, and (vii) DISTRICT's sole determination that DISTRICT
FACILITIES are in a satisfactorily maintained condition.
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9. Provide CITY with a reproducible duplicate copy of the ,'record drawings,'
of PROJECT plans upon DISTRICT acceptance of DISTRICT FACILITIES as being complete.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment
bonds submitted by DEVELOPER as set forth in Section L7., and hold said bonds as provided
herein.
3. Inspect PROJECT construction.
4. Consent, by execution of this Cooperative Agreement, to the recording of'
any Irrevocable offer(s) of Dedication fumished by DEVELopER pursuant to this cooperative
Agreement.
5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication
as set forth herein, and any other outstanding offers ofdedication necessary for the construction,
inspection, operation and maintenance of DISTRICT FACILITIES, and, convey sufficient rights
of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain DISTRICT
FACILITIES.
6. Grant DISTRICT, by execution of this Agreement, the right to construct,
inspect, operate and maintain DISTRICT FACILITIES within CITy rights of way.
7. Accept ownership and sole responsibility for the operation and maintenance
of APPURTENANCES upon (i) CITY inspection of PROJECT in accordance with Section I.20.,
(ii) CITY and DISTRICT acceptance of PROJECT construction as being complete, (iiD cITy
receipt of stamped and signed "record drawings" ofPRoJECT plans, as set forth in Section I.25.,
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(iv) GITY acceptance of all necessary street rights of way as deemed necessary by DISTRICT
and CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES and
APPURTENANCES, (v) DISTRICT acceptance of DISTRICT FACILITIES for ownership,
operation, and maintenance, and (vi) CITY's sole determination that PROJECT is in a
satisfactorily maintained condition.
8. Not grant any occupancy permits for any units within any portion of parcel
Map No. 32269, or any phase thereof, until construction of PROJECT is complete, unless
otherwise approved in writing by DISTRICT.
9. 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,
APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense
ol DEVELOPER
10. Upon DISTRICT and CITY acceptance of PROJECT construction as being
complete, accept sole responsibility for the adjustment ofall 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 portions of DISTRICT FACILITIES are improved,
repaired, replaced or changed. It being firther understood and agreed that any such adjustments
shall be perlormed at no cost to DISTRICT.
SECTION IV
It is fruther mutually agreed:
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
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that construction 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) dwing the
construction of PROJECT.
3. DEVELOPER shall complete construction of PROJECT within twelve ( 12)
consecutive months after execution of this Agreement and within one hundred twenty (120)
consecutive calendar days after commencing work on PROJECT. It is 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 DISTNCT 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, GITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. If DEVELOPER fails to commence construction of pROJECT within nine
(9) months after execution of this Cooperative Agreement, then DISTRICT reserves the right to
withhold issuance of the Notice to Proceed pending a review of the existing site conditions as
they exist at the time DEVELOPER provides written notification to DISTRICT of the start of
construction as set forth in Section I.8. In the event ofa change in the existing site conditions
that materially affects PRoJECT function or DISTRICT's ability to operate and maintain
DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modifo IMPROVEMENT
PLANS as deemed necessary by DISTRICT.
5. DISTRICT 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
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Section I.8.; however, DISTNCT's construction inspection staff is limited and, therefore, the
issuance ofa Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of a Notice to
Proceed, DEVELOPER may elect to fumish an independent qualified construction inspector at
DEVELOPER's sole cost and expense. DEVELOPER shall fumish appropriate documentation
of the individual's credentials and experience to DISTRICT for review and if appropriate,
approval. DISTRICT 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 behalf on all PROJECT construction and quality control
matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section
I.3., exceeds ten thousand dollars ($t 0,000), 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) how work
week with no work on Saturdays, sundays or DISTRICT designated legal holidays, unless
otherwise approved in writing by DISTRICT. 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 graating permission for overtime work shall be made by DISTRICT at its sole
discretion and shall be final. If permission is granted by DISTRICT, DEVELopER will be
charged the cost incurred at the overtime rates for additional inspection time required in
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connection with the overtime work in accordance with Ordinance Nos. 671 and 749, including
any amendments thereto, of the County of Riverside.
7. DEVELOPER shall indemnifu and hold harmless DISTRICT, Counry of
fuverside, and clrY (including their respective goveming bodies, agencies, districts, special
districts and departrnents, their respective directors, officers, Board of Supervisors, elected and
appointed officials, employees, agents and representatives) from any liabitity, 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, 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 l9 ofthe
Califomia 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 pattems or
the discharge of drainage within or from PROJECT; or, (d) any other element of any kind or
natue 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 setlements or
awards), DISTRICT and County of Riverside (including their respective goveming bodies,
agencies, districts, special districts, departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives) in any claim,
proceeding or action for which indemnification is required.
With respect to any of DEVELOPER's indemaification requirements,
DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and shall
have the right to adjust, settle, or compromise any such claim, proceeding or action without the
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prior consent of DISTRICT and county of Riverside; provided, however, that any such
adjusnnent, settlement or compromise in no manner whatsoever limits or circumscribes
DEVELOPER's indemnification obligations to DISTRICT or County of Riverside.
DEVELOPER's indemnification obligations shall be satisfied when
DEVELOPER has provided to DISTRICT and county of Riverside the appropriate form of
dismissal (or similar document) relieving DISTRICT or County of Riverside from any liability
for the claim, proceeding or action involved.
DEVELOPER shall also defend, at its sole expense, including all costs and
fees (including but not limited to attomey fees, cost of investigation, defense and settlements or
awards), clrY (including its agencies, goveming bodies, directors, officers, elected and
appointed offrcials, employees, agents and representatives) in any claim proceeding or action for
which indemnification is required. Failure by DEVELopER to pay such attomeys' lees and costs
may be treated as an abandonment of PRoJECT and as a default of DEVELoPER's obligations
under this Agreement.
DEVELOPER's indemnification obligations shall be satisfied when
DEVELOPER has provided to CITY the appropriate form of dismissal (or similar document)
relieving GITY from any liability for the claim, proceeding or action involved, and clry
determines that the form of dismissal is adequate in its sole and absolute discretion.
Notwithstanding the foregoing, DEVELOPER shall enter into no settlement a$eement or final
resolution of any pending claim covered under this section, without the CITY's prior written
approval.
The specified insurance limits required in this Agreement shall in no way
limit or circumscribe DEVELoPER's obligations to indemnifu and hold harmless DISTRICT,
County of Riverside and CITY from third party claims.
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In the event there is conflict between this section and California Civil Code
Section 2782, this section shall be interpreted to comply with Califomia Civil Code Section 2782.
such interpretation shall not relieve DEVELOPER from indemnifuing DISTRICT, county of
Riverside or CITY to the fullest extent allowed by law.
9. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT, County of Riverside and CITY (including their agencies, districts, special districts
and departments, their respective directors, offrcer, Board of Supervisors, elected and appointed
officials, employees, agents and representatives) from any and all claims, demands, actions, or
suits ofany kind arising out ofany 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 ofthe
Califomia Constitution, the Fifth Amendment of the United States Constitution, or any other law
or ordinance which seeks to impose any other liability or damage, wharoever, 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 ofany kind arising out ofany
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.
10. Any waiver by DISTRICT or by CITY ofany breach ofany 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 sirme or ofany 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,
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11. This Agreement is to be construed in accordance with the laws of the State
of Califomia. 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 eflect
without being impaired or invalidated in any way.
12. 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:
zuVERSIDE COTINTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
fuverside, CA 92501
Attn: Contract Services Section
CITY OF MENIFEE
29714 Haun Road
Menifee, CA 92586
Attn: Public Works Manager
SUTTERMITLANDOI LLC
3200 Park Center Drive, Suite 1000
Costa Mes4 CA 92626
Attn: David E. Bartlett
13. 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 fuverside, State of Califomia, and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
14- This Agreement is the result of negotiations between the parties hereto, and
the advice and assistance of their respective counsel. The fact that this Agreement was prepared
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its final form.
15. The rights and obligations of DEVELOPER shall inure to and be binding
upon all heirs. successors and assignees.
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16. DEVELOPER shall not assign or otherwise transfer any ofits rights, duties
or obligations hereunder to any person or entity without the written consent of the other parties
hereto being first obtained. In the event of any such transfer or assignment, 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.
17 . 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 ofdirectors, legal counsel, and.ior
any other board, committee or other entity within their respective company(ies) which have the
authority to authorize or deny entering into this Agreement.
18. 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 ofthe parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
FEB 2 7 ZOIE
(to be fitled in by Clerk of the Board)
RECOMMENDED FOR APPROVAI,:
RIVERSIDE COUNTY FLOOD CONTROI,
AND WATER CONSERVATION DISTRIC'I'
By By
JAS UHLEY MARIO ASHLE.Y. Chairman
Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
r-
APPROVED AS TO FORM:
GREGORY P. PRIAMOS
County Counsel
B
KECIA HARPER-IHEM
Clerk of the Board
By
OS F-DANESH - Deputy
(sEAL)
puty County Counsel
Cooperative A greement for
Salt Creek - Westward Circle Storm Drain. Staee I
Salt Creek - Whispering Way Storm Drain. Stale I
Salt Creek - Destry Drive Storm Drain. Stage l-
Salt Creek - Audie West Storm Drain. SrasE I
Salt Creek - Salr Creek Channel Line B. Siage 2
Project-Nos. 4-0-00377, 4-0-00378. 4-0-00379, 4_0_00380 and 4-0_00382Parcel Map No. 32269
12t13/17
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Generatr
ATTEST:
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2
RECOMMENDED FOR APPROVAL; CITY OF MENIFEE
By
ATHAN ITH
Armando G. Vi
City Manager
c Works Director
APPROVED AS TO FORM:
la
ATTEST:
'tByB
HING S
City Attomey Clerk
(sEAL)
Cooperative Agreement for
Salt Creek - Westward Circle Storm Drain, Stage 1
Salt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage I
Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379,4-0-00380 and 4-0-00382
Parcel Map No. 32269
t2/13/17
AMR:blm
G
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SUTTER MITLAND 01 LLC
a Delaware limited liability company
By: Brookfield Southem Califomia Land LLC
a Delaware limited liability company
its Sole ber
L(qBy:
VID E. BARTLETT
Vice President
By:
RICHARD T. WHITNEY
Chief Financial Officer
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement for
Salt Creek - Westward Circle Storm Drain, Stage I
Salt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage 1
Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379,4-0-00380 and 4-0-00382
Parcel Map No. 32269
12/13117
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A notary public or other officer completing
this certificate verified 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
COUNTYOF AWUAEJ
SS.
)
)
)
J
On ..)2018, before me,W
-
Notary ic, personally appeared E
_, who proved to me on the basis of satisfactory evidence to be the person(s) whose narn (s)
islare subscribed to the within instrument and acknowledged to me that heAhe/they/executed the same rn
his&erltheir authorized capacity(ies) and that by h*lherltheir signature(s) on the instrument the person(s),
or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is tnte and correct.
WITNESS my hand and official seal.
MEAGAN XNECHT
cor"ln.12117799
N9t , A&k C.fod.
ORAI{GE COUT{TY No Pu ICConm.JUI€A!
maOllt
tt
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN EELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCELS 1 THROUGH 13, INCLUSIVE OF PARCEL I4AP 32269, IN THE CITY OF MENIFEE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 221, PAGES 13 THROUGH
24, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
D(CEPT THEREFROM PARCELS 9 AND 12 HEREIN, THOSE PORTIONS INCLUDED MTHIN TRACT MAP
NO.35485-1, ON FrLE rN BOOK 451, PAGES 81 THROUGH 86, AND TRACT MAp NO. 31822-1 ON FILE IN
BOOK 452, PAGES 32 THROUGH 38, ALL INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMIIAR TO THOSE HEREIN SPECIFIED OR NOT, MTHIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A
CAUFORNIA CORPORATION, IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29, 1990 AS
DOCUMENT NO. 395657 OF OFFICIAL RECORDS.
PARCEL B:
LOTS 1 THROUGH 73 AND LETTERED LOT(S) "A" THROUGH 'I", ALL TNCLUSIVE OF TRACT 36485-1, rN
THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNTA, AS SHOWN BY MAP ON FILE
IN BOOK 451, PAGES 8T THROUGH 85, ALL INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
ALSO E(CEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMILAR TO THOSE HEREIN SPEOFIED OR NOT, WMIIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A
CAUFORNIA CORPORATION, IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29, 1990 AS
DOCUMENT NO. 395557 OF OFFICI,AL RECORDS.
PARCEL C:
LOTS 1 THROUGH 70 AND LETTERED LOT(S) "A" THROUGH "F", ALL INCLUSIVE OF TRACT MAp NO.
3I822-L, IN THE CTTY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 452, PAGES 32 THROUGH 38. INCLUSIVE OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXHIBIT A
COOPERATIVE AGREEMENT
Salt Creek Westward Circle Storm Drain, Stage I
Satt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage I
Salt Creek - Audie West Storm Drain, Stage I
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382
Parcel Map No. 32269
Page I of2
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A
CALIFORNIA CORPORATION. IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29. 1990 AS
DOCUMENT NO, 396657 OF OFFICIAL RECORDS.
APN(S): 341-200-011-0 (PoRnON); 3s8-070-010-0 (poRnON)
COOPERATIVE AGREEMENT
Salt Creek - Westward Circle Storm Drain, Stage I
Salt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage I
Salt Creek - Audie West Storm Drain, Stage I
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-0037'1, 4-0-0037E, 4-0-00379, 4-0-00380 and 4-0-00382
Parcel Map No. 32269
Page 2 of 2
COOPERATIVE AGREEMENT
Salt Creek - Westward Circle Storm DrairL Stage I
Salt Creek - Whispering Way Storm Drain, Stage I
Salt Creek - Destry Drive Storm Drain, Stage I
Salt Creek - Audie West Storm Drain, Stage I
Salt Creek- Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4.0-00379, 4-0-00380 and
4-0-00382
Parcel Map No. 32269
Paee I of I
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COOPERATIVE AGREEMENT
Salt Creek - Westward Circle Storm Drain, Stage 1
Salt Creek - Whispering Way Stolm Dlain, Stage 1
Salt Creek - Destry Drive Storm Drain, Stage I
Salt Creek - Audie West Storm Drain, Stage I
Salt Creek - Sa.lt Creek Channel Line B, Stage 2
Proiect Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4,0-00382
Parcel Map No. 32269
Page I of I
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Exhibit C