2011/02/08 Riverside County Flood Control and Water Conservation District Paloma Wash Channel, Stages 2 and 3; Paloma wash - Haun Rd Storm Drain Laterals (Project No 4-0-00111-02, 4-0-00111-03 and 4-0-00097) PM34275WARREN D. WILLIAMS
General Manager -Chief Engineer
Mr. Don Allison
City Engineer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Dear Mr. Allison:
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.788.9965
www.rcflood.org
135528
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
February 8, 2011
Re: Paloma Wash Channel, Stages 2 and 3
Paloma Wash -- Haun Road Storm Drain
Laterals, Project Nos. 4-0-00111-02,
4-0-00111-03 and 4-0-00097
Parcel Map 34275
Amendment No. 1 to Cooperative
Agreement
Enclosed for your approval and execution are eight original copies of the referenced Amendment. This
Amendment is identical to the copy sent to your attention on December 9, 2010. Upon execution by
the City please return all eight executed copies to my attention for further processing by the District
and the Board of Supervisors. Once executed, an original will be mailed for your file.
Please do not hesitate to contact Ken Consaul at 951.955.2558 or me at 951.955.1282 if you have any
questions or require additional information concerning either the Amendment or the project.
Thank you for your assistance.
Very truly yours,
TERESA TUNG
Engineering Project
Enclosures
c: Henry Olivo
Mekbib Degaga
Ami Urista
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT
Paloma Wash Channel, Stages 2 and 3
Paloma Wash — Haun Road Storm Drain Laterals
(Project Nos. 4-0-00111-02, 4-0-00111-03 and 4-0-00097)
(Parcel Map 34275)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
ATION DISTRICT, hereinafter called "DISTRICT", the CITY OF MENIFEE,
I hereinafter called "CITY", and STARK MENIFEE LAND LLC, a Wisconsin limited liability
1 company, hereinafter called "STARK", DONAHUE SCHRIBER REALTY GROUP, L.P., a
Delaware limited partnership, hereinafter called "DS REALTY", and DONAHUE SCHRIBER
ASSET MANAGEMENT CORPORATION, a Delaware corporation, hereinafter called "DS
ASSET", previously entered into that certain Agreement dated October 27, 2009, recorded as
Document Number 2009 — 0657607 in the Official Records of the Riverside County Recorder,
hereinafter called "AGREEMENT"; and
The parties hereto mutually agree to amend AGREEMENT as follows:
1. Section B under Recitals reflecting a change in operation and maintenance
responsibility, is amended as follows:
B. The required flood control facilities include construction of (i) approximately
5,300 lineal feet of vegetated trapezoidal channel, hereinafter called "STAGE 2
CHANNEL", as shown in concept in red on Exhibit "A" attached hereto and
made a part hereof, (ii) approximately 600 lineal feet of vegetated trapezoidal
channel, and approximately 290 lineal feet of rip -rapped trapezoidal channel,
together hereinafter called "STAGE 3 CHANNEL", as shown in concept in
purple on Exhibit "A", (iii) approximately 505 lineal feet of four -cell reinforced
concrete box culvert and associated inlet, hereinafter called "CHANNEL BOX",
as shown in concept in yellow on Exhibit "A", and (iv) except for a certain catch
BE
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1 basin and segment of Line L upstream of Sta. 11+56.30 (District Drawing 4-
2 973), those storm drain laterals which connect to STAGE 2 CHANNEL,
3 consisting of either underground storm drains greater than thirty-six inches (3611)
4 in diameter or of reinforced concrete boxes, located within DISTRICT or CITY
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held easements or rights of way, hereinafter called "LATERALS", as shown in
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7 concept in green on Exhibit "A". Together, STAGE 2 CHANNEL, STAGE 3
8 CHANNEL, CHANNEL BOX and LATERALS are hereinafter called
9 "DISTRICT DRAINAGE FACILITIES". At its downstream terminus, STAGE
1 {7 3 CHANNEL connects to CHANNEL BOX, which then connects to STAGE 2
CHANNEL, which then connects to DISTRICT'S existing Paloma Wash
i2
Channel, as shown in District Drawing No. 4-434; and
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,1 2. Page five of five (515) of Exhibit "B", reflecting the change in operations and
maintenance responsibility is replaced in its entirety and attached to this amendment.
16 3. Except to the extent specifically added to, modified or amended hereunder, all of the
17 terms, covenants and conditions of said AGREEMENT dated October 27, 2009 remain
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in full force and effect between the parties hereto:
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-2-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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(to be filled in by Clerk of the Board)
I RECOMMENDED FOR APPROVAL:
By
WARREN D. WILLIAMS
General Manager -Chief Engineer
APPROVED AS TO FORM:
PAMELA J. WALLS
Countv Counsel
Amendment No. 1
Cooperative Agreement: PM 34275
12/16/10
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RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
KECIA HARPER-IHEM
Clerk of the Board
By
Deputy
(SEAL)
SIE
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RECOMMENDED FOR APPROVAL:
By G� .�
WILLIAM A. RA WLINOS
CITY MANAGER
11 APPROVED AS TO FORM:
CITY OF MENIFEE
BY t
WALLACE W. EDGERTO
Mayor
ATTEST:
KATHY BENNETT
City Clerk
By t6u BY
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F-U
City Attorney /C �qt v,e K
Amendment No. 1
Cooperative Agreement: PM 34275
12/16/10
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(SEAL)
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STARK M.ENIFEE LAND LLC,
a Wisconsin limited liability company
By: STARK OFFSHORE MANAGEMENT LLC,
a Wisconsin limited liability company,
Its Manager
By
Print Name
Print Title Q. f) a Ln
(ATTACH NTOTAR."Y WITH
CAPACITY STATEMENT)
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Amendment No. l
Cooperative Agreement; PM 34275
12/16/10
:K.EC:blj
5-
THE STATE OF WISCONSIN :
COUNTY OF MILWAUKEE
This document was acknowledged before me on January 20, 2011, by Brian J. Stark, the
Managing Member of STARK OFFSHORE MANAGEMENT LLC, as the MANAGER of STARK MENEFEE LAND
LLC, a Wisconsin Limited Liability Company.
Cr'���ir
y� kP' JeniferC. B rsch
7:• NOrgAi, "' NOTARY PUBLIC, STATE OF WISCONSIN
My commission expires Z012
OF W
�9�Fr�FtIF}}.i}6d�4
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Amendment No. 1
Cooperative Agreement
12/16/10
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PM 34275
DONAHUE SCHRIBER REALTY GROUP, L.P.,
a Delaware limited partnership
By: DONAHUE SCHRIBER REALTY
GROUP, INC.,
a Maryland corporation,
Its General Partner
By
Print Name Ma€°k L . Whitfield
Executive Vice resa ent
Print Title
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
By
orint aTitleme jar�t i. RM
l
Print
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
DONAHUE SCHRIBER ASSET
MANAGEMENT CORPORATION,
a Delaware corporation
By� [�L/
Print Name Mark L. W iitfield
Executive Vice rest Knt
Print Title
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
Byl� L
int ame ja, net L
Ace red&e t - fug �
Print Title
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On January 10. 2011 , before me, Leony I. Robinson, Notary Public, personally
appeared, Mark L. Whitfield and Janet L. Petersen , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within
instrument and acknowledged to me that he1sWthey executed the same in his✓14e4their
authorized capacity(ies), and that by his{4er4their 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 paragraph is true and correct.
WITNESS my hand and official seal.
I
i.EONY I. ADBINSON
Commission # 1821799
Notary Public - California i
Orange County
MY Comm. Ex Tres Nov B. 2012 t
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On January 10, 2011 , before me, Leony 1. Robinson, Notary Public, personally
appeared, Mark L. Whitfield and Janet L. Petersen , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) +sure subscribed to the within
instrument and acknowledged to me that heEshe/they executed the same in his4l4e4their
authorized capacity(ies), and that by hisAhedtheir 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 paragraph is true and correct.
WITNESS my hand and official seal.
MOM' M, , MG Me I &M -, � Z"
LEQKY i. ROBINSON
-{� Commission * 1821799
Notary Public - California
Orange County
My Comm. E irea Nov 8, 2012
(Seal)
m
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