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COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 I 582 and 3 I 582- I
is entered into by and between the Riverside County Flood Control and Water Conservation
District, a body politic ("DISTRICT"), the City of Menifee, a municipal corporation of the State
of Califomia ('CITY'), and Lennar Homes of California, LLC, a Califomia limited liability
company ('DEVELOPER").
RECITALS
A. DISTRICT, the County of Riverside, and Shea Homes Limited
Partnership, hereinafter called "PREVIOUS DEVELOPER", entered into that certain
Cooperative Agreement hereinafter called "PREVIOUS AGREEMENT', executed on
November 6, 2007 and recorded as Document No. 2007 - 0730354 in the Official Records ofthe
County of Riverside requiring PREVIOUS DEVELOPER, as a condition of approval for Tract
Map Nos. 31582 and 31582-1, to construct Salt Creek - Trailhead Drive Storm Drain, Stage 2
and Salt Creek - Redwood Street Debris Basin as defined in PREVIOUS AGREEMENT; and
B. Tract Map Nos. 31582 and 3l 582- 1, as recorded in Map Book 430, pages
97 through 108, inclusive, and pages 80 through 93, inclusive, respectively, records of the
Recorder's O{fice, Riverside County, State of Califomia, are hereinafter called "PROPERTY".
The legal description ofPROPERTY is provided in Exhibit "A" attached hereto and made a part
hereof; and
C. The initial processing of land use entitlements and associated
improvement plans for said PROPERTY commenced under the authority of the County of
Riverside. Following CITY's incorporation in October 2008, the processing of these land use
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This Cooperative Agreement ("Agreement"), dated a
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entitlements and associated improvement plans was assumed by CITY, and therefore, by
operation of law, became the successor of the obligations and commitments of the County of
Riverside as to the processing ofthe land use entitlements and associated improvement plans;
and
D. Pursuant to that certain Cooperative Agreement, executed on or about July
2, 2013, between CITY and Eldorado (Riverside) Venture L.L.L.P., hereinafter called
"ELDORADO., ELDORADO agreed to construct certain Menifee Road improvements,
sometimes colloquially referred to as the "Missing Link", roughly bounded by Simpson Road to
the north and Aldergate Drive to the south ("ROAD IMPROVEMENTS"), and to complete
construction of Salt Creek - Trailhead Drive Storm Drain, Stage 2 in conjunction with its
construction of ROAD IMPROVEMENTS; and
E. Pursuant to a Right of Entry and lnspection Agreement executed by and
between DISTRICT and ELDORADO on August 15,2016, ELDORADO constructed or caused
to be constructed the required flood control facility as shown on DISTRICT's Drawing No. 4-
0926, and as shown in concept on Exhibit "B", attached hereto and made a part hereof:
(D Salt Creek - Trailhead Drive Storm Drain, Stage 2, which is
comprised of: (a) 2,500 lineal feet of underground storm drain system
('STORM DRAIN'), (b) 590 lineal feet of underground storm drain
system ("LATERAL") and (c) a debris basin ("BASIN"). Together,
STORM DRAIN, LATERAL and BASIN are hereinafter called
'DISTRICT FACILITIES. At its downstream terminus, STORM DRAIN
will connect to DISTRICT's Salt Creek - Trailhead Drive Storm Drain,
Stage I facility as shown on District Drawing No 4-0925; and
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F. DISTRICT FACILITIES have not been accepted by DISTRICT for
ownership, operation and maintenance; and
G. Associated with the construction of DISTRICT FACILITIES,
ELDORADO constructed or caused to be constructed as per DISTNCTTs Drawing No. 4-0926,
certain catch basins, inlets, connector pipes, basin, outlet structure, and various lateral storm
drains that are located within CITY held easements or rights of way ("APPURTENANCES',);
and
H. Also associated with the construction of DISTRICT FACILITIES.
ELDORADO constructed or caused to be constructed as per the improvement plans, a water
quality basin, basin walls, outlot structure and various lateral storm drains that are thirty-six
inches (36") or less in diameter ("DEVELOPER FACILITIES'), to be initially owned and
maintained by DEVELOPER and subsequently owned and maintained by the Homeowners
Association for Tract Map No. 3l 582; and
I. Together, DISTRICT FACILITIES, APPURTENANCES and
DEVELOPER FACILITIES are hereinafter called "PROJECT"; and
J. Pursuant to one or more Grant Deeds recorded in 2016, DEVELOPER
acquired title to PROPERTY located in the City of Menifee, and assumed all rights, title,
interests, benefits, privileges and obligations of PREVIOUS DEVELOPER; and
K. DISTRICT, CITY, and DEVELOPER now desire to enter into this
Agreement with the intent that this Agreement shall prevail over the terms of the PREVIOUS
AGREEMENT dated November 6,2007; and
L. CITY and DEVELOPER desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore,
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DISTRICT must inspect the condition of DISTRICT FACILITIES to ensure that they are in an
acceptable condition; and
M. DISTRICT and DEVELOPER desire CITY to aocept ownership and
responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must
inspect PROJECT to ensur€ that APPURTENANCES are in an acceptable condition; and
N. DISTzuCT is willing to (i) conduct a final inspection of DISTRICT
FACILITIES, (ii) accept ownership and responsibility for the operation and maintenance of
DISTRICT FACILITIES, provided that DEVELOPER (i) complies with this Agreement, (ii)
pays DISTRICT the amounts specified herein to cover DISTRICT's construction inspection costs
for DISTRICT FACILITIES, (iii) provides compaction reports documenting that all soil
compaction for DISTRICT FACILITIES were accomplished in compliance with DISTRICT
standards, (iv) resolves any outstanding "punch list" items applicable to PROJECT, (v) accepts
ownership and responsibility for the operation and maintenance ofPROJECT 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 (vii) PROJECT is constructed in accordance with the
improvement plans pursuant to this Agreement; and
O. CITY is willing to (i) conduct a final inspection of PROJECT, (ii) grant
DISTRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY
rights ofway subject to the terms ofthis Agreement, and (iii) accept ownership and responsibility
for the operation and maintenance of APPURTENANCES, provided DEVELOPER (a) complies
with this Agreement, (b) PROJECT was constructed in accordance with the improvemeht plans
pursuant to this Agreement, (c) obtains and conveys to CITY all rights ofway necessary for the
inspection, operation and maintenance ofAPPURTENANCES as set forth herein, and (d) accepts
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ownership and responsibility for the operation and maintenance ofPROJECT 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.
P. Pursuant to Water Code Appendix Section 10, the Board of Supervisors
ofthe County ofRiverside 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.
NOW, THEREFORE, the Parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
l. Continue to pay DISTRICT and CITY within thirty (30) days after receipr
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 ofthe improvement plans, inspection, review and approval
of rights of way and conveyance documents and with the processing and administration of this
Agreement.
2. Ensure that all necessary licenses, agreements, permits and rights ofentry
as may be needed for the inspection, operation and maintenance ofPROJECT have been secured.
3. 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 services for PROJECT as set forth herein.
4. Within two (2) weeks of execution of this Agreement, provide DISTRICT
and CITY, with a confined space entry procedure specific to PROJECT. The procedure shall
comply with requirements contained in Califomia Code of Regulations, Title 8 Section 5158,
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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 DISTRICT's and CITY's final inspection of PROJECT.
5. Within two (2) weeks of execution of this Agreement, provide certificates
of insurance evidencing the required insurance coverage and endorsements 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 par1 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.
6. Comply with all CaIiOSHA 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.
7. Within two (2) weeks of execution of this Agreement, provide written
notice to DISTRICT and CITY for DISTRICT to conduct a final inspection of DISTNCT
FACILITIES and CITY to conduct a final inspection of PROJECT.
8. Upon completion of PROJECT construction, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance and CITY
acceptance ofAPPURTENANCES for ownership, operation and maintenance, provide or cause
its civil engineer ofrecord or construction civil engineer ofrecord, duly registered in the State of
California, to provide DISTRICT (Attention: Construction Management Section) and CITY,
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with (i) soit compaction report(s) - stamped and wet signed by the geotechnical engineer, (ii)
concrete testing report(s) - stamped and wet signed by the civil engineer of record, (iii) the
resolution of outstanding "punch list" items applicable to PROJECT, and (iv) redlined'Record
Drawings' copy ofPROJECT plans. After DISTRICT and CITY approval ofthe 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'.
9. Prior to DISTRICT and CITY acceptance of PROJECT for ownership,
operation and maintenance, convey! or cause to be conveyed to DISTRICT and/or CITY the
flood control easement(s), including ingress and egress, forthe rights ofway, as shown in concept
cross-hatched in blue on Exhibit "D" attached hereto and made a part hereol, guaranteeing
DISTRICT's and CITY'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 individual discretion of either DISTRICT or CITY, are acceptable.
10. Prior to the date of this Agreement, DISTRICT has obtained, reviewed
and approved a preliminary commitment for title insurance covering each easement parcel to be
conveyed to DISTRICT. DEVELOPER shall, at the time of recordation of the conveyance
document(s), as set forth in Section I.9., fumish DISTRICT (Attention: Real Estate Services)
with policies of title insurance, each in the amount of not less than fifty percent (50%) of the
estimated fee value, as determined by DISTRICT, for each easement parcel to be conveyed to
DISTRICT, guaranteeing DISTRICT's interest in said property subject to all matters of record.
ll. Accept ownership and sole responsibility for the operation and
maintenance of DISTRICT FACILITIES. APPURTENANCES and DEVELOPER FACILITIES
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until such time as DISTRICT accepts ownership and responsibility for the operation and
maintenance of DISTRICT FACILITIES, CITY accepts ownership and responsibility for the
operation and maintenance of APPURTENANCES, and the Homeowners Association for Tract
Map No. 31582 accepts ownership and responsibility for the operation and maintenance of
DEVELOPER FACILITIES, respectively.
12. Accept all liability whatsoever associated with the ownership, operation
and maintenance of PROJECT until such time as DISTRICT FACILITIES,
APPURTENANCES, and DEVELOPER FACILITIES are formally accepted by DISTRICT,
CITY and the Homeowners Association for Tract Map No. 31582, respectively, for ownership,
operation and maintenance.
13. Prior to acceptance of DISTRICT FACILITIES by DISTRICT or
APPURTENANCES by CITY, obtain the necessary permits, approvals or agreements as may be
required by any Federal, State or local resource and/or regulatory agency for the continuing
operation and maintenance of DISTRICT FACILITIES and/or APPURTENANCES
('ONGOINC REGULATORY PERMITS"). Upon completion of construction, DISTRICT
FACILITIES and/or APPURTENANCES may require regulatory approvals and therefore may
require ONGOING REGULATORY PERMITS in order to be maintained. ONGOINC
REGULATORY PERMITS include but are not limited to those issued by the U.S. Army Corps
of Engineers, Califomia Regional Water Quality Control Board, Califomia State Department of
Fish and Wildlife, State Water Resources Control Board, and Westem Riverside County
Regional Conservation Authority. DISTRICT will not accept DISTRICT FACILITIES and
CITY will not accept APPURTENANCES until all required regulatory permits have been issued
and transferred to DISTRICT and/or CITY, respectively.
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14. 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.
15. Pay DISTRICT and CITY, if suit is brought upon this Agreement or any
bond guaranteeing the completion ofPROJECT, all costs and reasonable expenses and fees,
including reasonable attomeys'fees and acknowledge that, upon entry ofjudgment, all such
costs, expenses and fees shall be computed as costs and included in any judgment rendered.
SECTION II
DISTNCT shall:
l. Upon execution ofthis Agreement, record or cause to be recorded, a copy
of this Agreement in the Official Records ofthe Riverside County Recorder.
2. Conduct final inspection ofDISTRICT FACILITIES.
3. 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 ofthis Agreement.
4. 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 1.1., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount
within sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being
complete. Ifat any time the costs exceed the deposit or are anticipated by DISTRICT to exceed
the deposit, DEVELOPER shall pay such additional amounts, as deemed reasonably necessary
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by DISTRICT to complete inspection of DISTRICT FACILITIES, within thirty (30) days after
receipt of billing from DISTRICT.
5. Prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTNCT FACILITIES, DISTRICT FACILITIES shall be in a
satisfactorily maintained condition as solely determined by DISTNCT. 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 ofDEVELOPER.
6. Accept ownership and sole responsibility for the operation and
maintenance of DISTRICT FACILITIES upon (i) DISTRICT final inspection of DISTRICT
FACILITIES, (ii) DISTRICT receipt of compaction reports documenting that all soil compaction
for DISTRICT FACILITIES were accomplished in compliance with DISTRICT standards, (iii)
the resolution of outstanding "punch list" items applicable to PROJECT, (iv) DISTRICT
acceptance ofPROJECT construction as being complete, (v) DISTRICT receipt of stamped and
signed'Record Drawings'of PROJECT plans, as set forth in Section 1.8., (vi) recordation of all
conveyance documents described in Section I.9., (vii) DISTRICT receipt ofall necessary rights
of way as described in Section I. 10, (viii) CITY acceptance of APPURTENANCES for
ownership, operation, and maintenance, (ix) DISTRICT FACILITIES are fully functioning as a
flood control drainage system as solely determined by DISTRICT, and (x) DISTRICT's sole
determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.
7. Provide CITY with a reproducible duplicate copy of the RECORD
DRAWINGS of PROJECT plans within 10 days of receipt.
8. In the event CITY wishes to utilize DISTRICT's construction inspection,
and CITY provides DISTRICT with a written request for such services under Section IlI.l.
DISTRICT shall provide a timely response whether or not they have the resources to perform
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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 PROJECT's construction
contract. DISTNCT hereby agrees to pay all DISTRICT costs associated with the inspection of
PROJECT construction, as set forth herein.
SECTION III
CITY shall:
l. Conduct final inspection of PROJECT or cause the final inspection of
PROJECT by its construction manager, and pay all costs associated therewith. In the event CITY
wishes to utilize DISTRJCT's construction inspection, CITY shall provide DISTRICT with a
written request (Attn: Construction Management) for such services pursuant to Section I1.8,
above.
2. Upon request by DISTRICT, CITY shall review any requested Irrevocable
Offer(s) of Dedication in connection with PROJECT, and accept any such lrrevocable Offers of
Dedication on behalf of DISTRICT. ln t}re same action, CITY shall immediately convey the
property interest(s) associated with the requested lrrevocable Offer(s) of Dedication to
DISTzuCT 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.
3. Crant DISTRICT, by execution of this Agreement, the right to inspect,
operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT
(including its employees, supervisors, agents, contractors, and anyone else operating under their
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direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact
the public health and safety.
4. Accept ownership and sole responsibility for the operation and
maintenance of APPURTENANCES upon (i) CITY inspection of PROJECT in accordance with
Section L7., (ii) CITY and DISTRICT acceptance ofPROJECT construction as being complete,
(iii) CITY receipt of signed reproducible duplicate copy of 'Record Drawings' of PROJECT
plans, as set forth in Section II.7., (iv) CITY acceptance ofall rights ofway as deemed necessary
by DISTRICT and CITY for the ownership, operation, and maintenance of DISTRICT
FACILITIES and APPURTENANCES, and (v) CITY's sole determination that PROJECT is in
a satisfactorily maintained condition. 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.
5. Notwithstanding any of the foregoing, prior to accepting ownership of
APPURTENANCES, APPURTENANCES shall be in a satislactorily 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
ofDEVELOPER.
6. 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 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.
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SECTION IV
It is further mutually agreed by the Parties hereto that:
l. 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 PROJECT is completed in accordance with the improvement plans.
2. INDEMNIFICATION OBLIGATIONS:
i. DEVELOPER NDEMNIFICATION 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 "DISTRICT 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 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 patterns or the discharge ofdrainage
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within or from PROJECT; or (d) any other element of any kind or
nature whatsoever arising lrom the performance of DEVELOPER, its
officers, employees, contractors, subcontractors, agents or
representatives 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), DISTRICT 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 oftheir 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 DISTRICT 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 ofRiverside from any
liability for the claim, proceeding or action involved.
DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnifu and hold harmless CITY (including its goveming bodies,
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agencies, districts, special districts and departments, their respective
directors, officers, elected and appointed officials, employees, agents
and representatives [collectively 'CITY INDEMNITEES']) from any
liability, claim, 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) liabilig or damage pursuant to Article I,
Section l9 of the 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 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 INDEMNITEES 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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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 ofany pending claim covered under this subsection, without
CITY's prior written approval.
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.
The specified insurance limits required in this Agreement shall in no
way limit or circumscribe DEVELOPER's obligations to indemnifu
and hold harmless DISTRICT INDEMNITEES and CITY
INDEMNITEES from third party claims.
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
INDEMNITEES and CITY INDEMNITEES to the fullest extent
allowed by law.
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3. DEVELOPER for itself, its successors and assigns hereby releases
DISTzuCT, County of Riverside and CITY (including their agencies, districts, special 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 ofany kind arising out ofany liability, known or unknown, prcsent or future, including but
not limited to any claim or liability, based or asserted, pursuant to Article I, Section l9 of the
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, 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 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 DISTNCT.
4. Any waiver by DISTRICT or by CITY ofany breach ofany one or more
ofthe terms of this Agreement shall not be construed to be a waiver ofany subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTNCT 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.
5. This Agreement is to be construed in accordance with the laws of the State
of Califomia. lf 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.
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6. 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:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Public Works Director/City Engineer
LENNAR HOMES OF CALIFORNIA. LLC
980 Montecity Drive
Corona, CA 92879
Attn: Wiiliam Sacriste
7. Any action at law or in equity brought by any ofthe Parties hereto for the
purpose ofenforcing 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 Califomia, and the Parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
8. This Agreement is the result of negotiations between the Parties hereto,
and the advice and assistance oftheir respective counsel, as such the authorship ofthis 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.
9. The rights, obligations, and releases (including the indemnification
obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and
assignees.
10. DEVELOPER shall not assign or otherwise transfer any of its rights,
duties or obligations hereunder to any person or entity without the unanimous written consent of
the other Parties hereto being first obtained. ln the event of any such transfer or assignment,
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DEVELOPER expressly understands and agrees that it shall remain liable with respect to any
and all ofthe obligations and duties contained in this Agreement.
I l. The individual(s) executing this Agreement on behalf of DEVELOPER
certiry 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/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.
12. This Agreement is intended by the Parties hereto as a final expression of
their understanding with respect to the subject ma$er 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'
13. 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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By By
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:
GREGORY P. PRIAMOS
County Counsel
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
KECIA HARPER
Clerk ofthe Board
By By
SARAH K. MOORE
Deputy County Counsel
Deputy
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of Califomia, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 I 582 and 3 I 582- l
02il6122
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241414
By
RECOMMENDEDFORAPPROVAL: CITYOFMENIFEE
By
D IEL PADILLA ARMANDO G. VIL
City ManagerCity Engineer
APPROVED AS TO FORM:ATTEST:
Bv B
. MELCHING MANWARINC
City Attomey City Clerk
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of Califomia, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 1582 and 31582- I
02^6t22
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241414
RECOMMENDEDFORAPPROVAL: CITYOFMENIFEE
By By
D P ILLA ARMANDO G.
City ManagerCity Engineer
APPROVED AS TO FORM:ATTEST:
T. MELCHING MANWARING
Attomev City Clerk
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of California, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-0001 7
Tract Map Nos. 31582 and 31582- l
02n6t22
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By
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
P.! IfiBy By
DANIEL PADILLA
City Engineer
ARMANDO G.
City Manager
APPROVED AS TO FORM:ATTEST:
B B
T MANWARING
ity Attomey City Clerk
(SEAL)
Cooperative Agreement City of Menifee and Lennar Homes of California, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-l
02tr6/22
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By By
D PAD
City Engineer
APPROVED AS TO FORM:
ARMANDO G. VILLA
City Manager
ATTEST:
B
T. MEL MANWARINC
Citv Clerk
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of California, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 1582 and 3 1582- l
02116t22
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ity
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By By
DANIEL ILLA ARMANDO G. VILLA
City ManagerCity Engineer
APPROVED AS TO FORM:ATTEST:
By
YT.MANWARING
ity Attorney City Clerk
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of Califomia, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582- I
02/16n2
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24t114
LENNAR HOMES OF CALIFORNIA, LLC
a Califomia limited liability company
(as successor-in-interest by conversion to Lennar
Homes of California. Inc.)
By:.'ZZ?a+--
Name:
Titlc:rltcl ?id,L&
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement w/ City of Menifee and Lennar Homes of Califomia, LLC:
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 1582 and 3 1582- |
02il6122
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CALIFORNIA ACKNOWLEOGMENT ctvtL coDE 5 1189
A notary public or other officer completing this certificate verifies onlythe identityofthe individualwho signed the document
to which this certilicate is atlached, and not lhe truthfulness, accuracy, or validity of that document.
State of California
County of R.,,rvfSide
On t)d ),2
Dote
before me,h bli,
Here lnsert me ond Title e Officer
personally appeared heoffreq Srn,+hJ Nome(s) of Signe4s)
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.
SlrlAH E. lrCLAUGHl,lX
xotary Publi( - C.liforni.
Riv.rlid. County
Commirsion r 2lt3,t99
r.{y Comm. €4ir6 8ov J7, 2025
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,
r fut,a.r
Ploce Notory Seol ond/or Stomp Above ;ts;i;; .i{P,bk
OPTIONAL
Completing this informotion con deter olterotion of the document or
froudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
tr Corporate Officer - Title(s)tr Corporate Officer - Title(s):
tr Partner - tr Llmited tr General
Et lndividual El Attorney in Fact
o Trustee E Guardian or Conservator
tr Other:
Signer is Representing
02019 National Notary Association
Signature
Signer's Name:
Signer is Representing:
o Partner - tr Limited D General
E lndividual trl Attorney in Fact
o Trustee tr Guardian or Conservator
trl Other:
LEGAL DESCRIPTION
Real Propefi in the City of Menifee, County of Riverside, State of California, described
as follows:
LOT 128 OFTRACT NO. 31582, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 430, PAGES 97
THROUGH 108 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 333-660-041
COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain. Stage 2
Salt Creek - Redwood Steel Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-l
Page I of I
Exhibit A
EXHIBIT B
COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-0001 6 and 4-0-0001 7
Tract Map Nos. 31582 and 31582-1
Page 1 of I
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DISTRICT's and CITY's Required Insurance are 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, 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
lnsureds.
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 Occupational Disease with
limits not less than $1,000,000 per person per accident. Policy shall be endorsed
to waive subrogation in favor ofthe Riverside County Flood Control and Water
Conservation District, the County of Riverside, and CITY.
B. Commercial General I-abilitv,
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,
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.
COOPERATIVE ACREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-0001 7
Tract Map Nos.3l582 and 31582-l
Page I of 7
Exhibit C
COOPERA TIVE ACREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-0001?
Tract Map Nos.3l5E2 and 31582-l
Page 2 of 7
C
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 tiability arising out ofongoing and
completed operations by or on behalf of DEVELOPER. DISTzuCT and CITY
shall continue to be an additional insured for completed operations for two years
after completion of the work. lf 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.
Vehicle Liability:
Ifvehicles 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. Ifsuch insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be no less
than two (2) times the occurrence limit. 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.
D. ProfessionalLiabilitv
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 $4,000,000 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
Exhibit C
COOPERATIVE ACREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582- I
Page 3 of 7
E
either l) 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: l), 2) or 3) shall continue for the term specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITY.
Pollution and Asbestos Liability:
DEVELOPER or its construction contractor(s) shall obtain, at its sole expense
and keep in effect during the term ofthe contract, Pollution Legal Liability and/or
Asbestos Legal Liability and/or Errors and Omissions (if project involves
environmental hazards) covering DEVELOPER's or its construction contractor(s)
liability for a third party bodily injury and property damage arising from pollution
conditions caused by the DEVELOPER or its construction contractor(s) while
performing their operations under the contract. The insurance coverage shall
apply to sudden and accidental pollution events. Any coverage restriction as to
time Iimit for discovery of a pollution incident and/or a time limit for notice to
the insurer must be accepted by the DISTRICT and CITY. The insurance
coverage shall also respond to cleanup cost. This coverage may be written in
combination with the commercial general liability insurance or professional
liability insurance.
DEVELOPER or its construction contractor(s) shall maintain Pollution Legal
Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurence or claim, and $2,000,000 policy
aggregate. The policy shall be endorsed to state that the general aggregate limit
of liability shall apply separately to this contract. Any self-insured
retentior/deductible amount shall be submitted to the DISTRICT and CITY for
review and approval. If DEVELOPER or its construction contractor(s) maintains
Exhibit C
COOPERA TIVE ACREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 3 | 582 and 31582-l
Page 4 of 7
F
broader coverage and/or higher limits than the minimums shown above, the
DISTRICT and CITY require and shall be entitled to the broader coverage and/or
higher limits maintained by DEVELOPER or its construction contractor(s). Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the DISTRICT and CITY.
In the event, DEVELOPER or its construction contractor(s) encounters materials
on the site that is believed to be asbestos or polychlorinated biphenyl (PCB)
which has not been rendered harmless. DEVELOPER or its construction
contractor(s) shall immediately stop work in the area affected and report the
condition to the DISTRICT and CITY in writing. The work in the affected area
shall not thereafter be resumed except by written agreement of the DISTRICT,
CITY, and DEVELOPER, if in fact the material is asbestos or polychlorinated
biphenyl (PCB) and has not been rendered harmless. The work in the affected
area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the
DISTzuCT, CITY, and DEVELOPER.
DEVELOPER or its construction contractor(s) shall not be required to perform
without consent any work relating to asbestos or polychlorinated biphenyl (PCB).
General Insurlrnce Provisions - All 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: Vlll (A: 8) unless such requirements are waived, in writing,
by the DISTRICT Risk Manager and CITY. If the DISTRICTTs 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-insured retention for each
coverage required herein. If any such self-insured retention exceeds
$500,000 per occurence each such retention shall have the prior written
I
Exhibit C
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Dmin, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-0001 6 and 4-0-0001 7
Tract Map Nos.3l582 and 31582-l
Page 5 of7
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: l) 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 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 orthe 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 thi*y (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. IfDEVELOPER insurance carrier(s) policies does not meet the
minimum notice requirement found herein, DEVELOPER shall cause
DEVELOPER's insurance carrier(s) to fumish a 30 day Notice of
Cancellation Endorsement.
iv. In the event ofa 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 of insurance and original copies of endorsements or
certified original policies, including all endorsements and attachments
COOPERATIVE ACREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos.3l582 and 31582-l
Page 6 of7
thereto, evidencing 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.
v. It is understood and agreed by the parties hereto that DEVELOPER'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.
vi. If, during the term of this Agreement or any extension thereof, there is a
material change in the scope ofservices 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,
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.
vii. DEVELOPER shall pass down the insurance obligations contained herein
to all tiers ofcontractors and subcontractors working under this Agreement.
viii. The insurance requirements contained in this Agreement may be met with
a program(s) of self-insurance acceptable to DISTRICT and CITY.
ix. DEVELOPER agrees to notiry 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
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-000 I 7
Tract Map Nos. 31582 and 31582-l
Page 7 of 7
subrogation, but this provision applies regardless ofwhether 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.
The insurance required by this section must be maintained and evidence ofinsurance
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 offive (5) years after completion of
contract work.
Exhibit C
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EXHIBIT D
COOPERATIVE AGREEMENT
Salt Creok - Traithoad Drive , Slage 2
Salt Cr€6k - Redwood Stroet Debris Basin
Project Nos. 4-0-00016 and 44{0017
Tract Map Nos. 31582 and 31582-1
Page 1 of 3
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EXHIBIT D
COOPERATIVE AGREEMENT
Salt Crogk -Trailhead Drive Storm Drain. Stage 2
Sall Croek - Redwood Stroet Debris Basin
Project Nos. 4-0-000'16 and 4-0-00017
Tract Map Nos. 3'1582 and 31582-1
Page 2 of 3
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EXHIBIT D
COOPERATIVE AGREEMENT
Satt creet< - TralthEEdTiiEsto-ifrIrain, Stage 2
Salt Cre€k - Redwood Streel Oebris Basin
Poject Nos. 4-0-00016 and 4-0-00017
Trect Map Nos. 31582 and 31582-1
Page 3 of 3
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