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COOPERATIVE AGREEMIINT
Menifce Valley - Bella View Way Stomr Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1
Proiecl Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
This Cooperative Agreemenl ("Agreement"), daled as of 1S
entered into by and between the fuverside County Flood Control and Water Conservalion
District, a body politic ('DISTRICT'), the City of Menifee, a California municipal corporation
('CITY'), and RCFC Investments, LLC, a Califomia limited liability company
("DEVELOPER") (together, the "Parties").
RECITALS
A. DEVELOPER is the legal owner ofrecord ofcertain real property located
within the County of Riverside. DEVELOPER has submitted for approval Tract No. 31456
located in the Cily of Menifee. As a condition of approval for Tract No. 31456, DEVELOPER
must construct certain flood control and drainage facilities in order to provide flood protection
and drainage for DEVELOPER's planned development; and
B. The legal description of Tract No. 31456 is provided in Exhibit "A",
attached hereto and made a part hereof; and
C. The required flood control and drainage facilities, as shown on District
Drawing No. 4-1160 and as shown in concept on Exhibit "B", attached hereto and made a paft
hereof, and include the construction ofthe following:
i. Menifee Valley - Bella View Way Storm Drain, Stage I ('LINE
A"), which is comprised of approximately 2,395 lircal feet of an
underground storm drain system, as shown in blue on Exhibit "B",
including its associated outlet structure, trash rack and wingwall.
At its downstream terminus, I-INE A will drain to a debris basin
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as defined below. At its upstream terminus, LINE A will collect
flows from a collection basin as defined in Recital D.ii below; and
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1
('LATERAL A-3"), which is comprised of approximately 655
lineal feet ofan underground storm drain system, as shown in red
on Exhibit "B", including its associated trash rack and wingwall.
At its upstream terminus, LATERAL A-3 will collect flows from
a collection basin as defined in Recital D.ii below; and
Debris Stockpile Area ("STOCKPILE AREA'), for sediment
control and debris storage, as shown in magenta on Exhibit "B",
will be maintained and inspected by DISTRICT. The slopes,
landscape and irrigation around the STOCKPILE AREA
('STOCKPILE PERIMETER") is to be maintained by the CITY;
and
All safety devices requested by DISTRICT, including but not
limited to concrete pads, slope protection barriers, signage and
fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be
purchased and installed by DEVELOPER and subject to
DISTRICT's inspection and approval; and
All together, LINE A, LATERAL A-3, STOCKPILE AREA and
SAFETY DEVICES are hereinafter called "DISTzuCT
FACILITIES"; and
Associated with the construction of DISTRICT FACILITIES is the
construction of:
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vii. Certain underground storm drain laterals that are 36 inches or less
in diameter, inlets, outlets, catch basins, connector pipes and
concrete spillway located within CITY-held easements or rights of
way, hereinafter called "APPURTENANCES"; and
viii. Collection Basin A and Collection Basin A-3 ("COLLECTION
BASINS'), which are collection basins. Collection Basin A will
collect offsite flows from the surrounding slopes north ofTract No.
31456, and then route flows to LINE A, as shown on Exhibit "8".
Collection Basin "A-3" will collect offsite flows from the
sunounding slopes west and southwest of Tract No. 31456, and
then route flows to LATERAL A-3, as shown on Exhibit "B".
COLLECTION BASINS are to be maintained and owned by
CITY; and
ix. Debris Basin ("BASIN B"), which is a combined water quality
basin and detention debris basin. BASIN B wiil subsequently be
owned and maintained via the anticipated formation of a
Community Facilities District ("CFD") by the CITY. CITY
intends to enter into a separate agreement with the CFD, setting
forth the maintenance responsibilities for BASIN B;
x. Together, the APPURTENANCES, STOCKPILE PERIMETER,
COLLECTION BASINS. BASIN B are hereinafter called "CITY
FACILITIES"; and
Together, DISTRICT FACILITIES and the CITY FACILITIES are
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hereinafter called "PROJECl'"; and
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E. 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
F. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of CITY FACILITIES, therefore, CITY must
review and approve DEVELOPER's plans and specifications for PROJECT and subsequently
inspect and approve the construction of CITY FACILITIES; and
G. DISTRICT is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT FACILITIES and
BASIN B, (iii) accept ownership and responsibility for the operation and maintenance of
DISTRICT FACILITIES and (iv) accept responsibility for the maintenance (i.e., removal of
sediment and debris from) of STOCKI'ILE AREA, provided DEVELOPER (a) complies with
this Agreement, (b) constructs PROJECT in accordance with DISTRICT and CITY approved
plans and specifications and (c) accepts ownership and responsibility for the operation and
maintenance of PROJECT following completion of PROJECT conslruction until such time as
DISTRICT accepts ownership and responsibility for the inspection, operation and maintenance
of DISTRICT FACILITIES; and
H. CITY is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of PROJECT, (iii) accept and hold
faithful performance and payment bonds submitted by DEVELOPER for DISTRICT
FACILITIES, (iv) grant DISTRICT the right to inspect, operdte and maintain DISTRICT
FACILITIES within CITY rights of way subject to the terms of this Agreement, (v) accept
ownership and responsibility for the inspeclion, operation and maintenance of CITY
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FACILITIES, provided DEVELOPER (a) complies with this Agreement, (b) constructs
PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (c)
obtains and conveys to CITY all rights of way necessary for the inspection, operation and
maintenance CITY 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 inspection, operation
and maintenance of DISTNCT FACILITIES, and CITY accepts ownership of CITY
FACILITIES, and CITY accepts responsibility for the inspection, operation and maintenance of
CITY FACILITIES; and
I. Pursuant to Water Code Appendix Section 10, the Board of Supervisors
ofthe County of Riverside is designated as and is empowered to act ex officio as the Board of
Supervisors of DISTRICT, therefore, the County of Riverside is included as an indemnified
party; and
J. For the purposes ofthis Agreement, the term "CITY" shall mean and refer
to the City of Menifee, including its goveming bodies, agencies, districts, special districts and
departments, their respective directors, councilmembers, officers, elected and appointed officials,
employees, agents and representatives.
NOW, THEREFORE, in consideration of the preceding recitals, which are true
and correct and incorporated into the term of this Agreement and the mutual covenants
hereinafter contained, the Parties hereto mutually agree as follows:
SECTION I
DEVIILOPER 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 DISTzuCT and CITY for their review and approval.
2. Continue to pay DISTRICT and CITY, within thirty (30) days after receipt
of periodic billings from DISTRICT and CITY, any and all such amounts as are deemed
reasonably necessary by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated
with the review and implementation of the IMPROVEMENT PLANS, review and approval of
rights of way and conveyance documenls, and with the processing and administration of this
Agreement.
3. Deposit with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT and CITY of the starl of
PROJECT construction as set forth in Section I.8., the estimaled cost of providing construction
inspection for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT
in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any
amendments thereto, based upon the bonded value of DISTRICT FACILITIES. If at any time
the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with
DISTRICT, DEVELOPER shall pay such additional amount(s), as deemed reasonably necessary
by DISTNCT 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 ofthe 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 cosls exceed
rhe deposit or are anticipated by CITY to exceed the deposit with CITY, DEVELOPER shall pay
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such addilional 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 and CITY of the start of construction as set forth in
Section I.8. or not less than twenty (20) days prior to recordation ofthe final maps for Tract No.
31456 or any phase thereof, whichever occurs first, with sufficient evidence of DEVELOPER
having secured such necessary licenses, agreements, permits and rights of entry, as determined
and approved by DISTRICT and CITY.
6. Prior to commencing construction, furnish DISTRICT and CITY with
copies of all permits, approvals or agreements required by any federal, state or local resource
and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such
documents include but are not limited to those issued by the U.S. Army Corps of Engineers,
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 ('REGULATORY PERMITS").
7. Provide CITY, at the time of providing written notice to DISTRICT and
CITY ofthe start ofconstruction as set forth in Section I.8. or not less than twenty (20) days prior
to recordation ofthe final maps for Tract No. 31456 or any phase thereof, whichever occurs first,
with faithful performance and payment bonds, each in the amount ofone hundred percent (100%)
of the estimated cost for construction of (i) DISTNCT FACILITIES as determined by
DISTRICT and (ii) CITY FACILITIES as determined by CITY. The surety, amount and form
of the bonds shall be subject to approval of DISTRICT and CITY. The bonds shall remain in
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full force and effect until (i) DISTRICT FACILITIES are accepted by DISTRICT as complete
and (ii) CITY FACILITIES are accepted by CITY as complete; at which time, the bond amount
may be reduced to ten percent (10%) for a period ofone year to guarantee against any defective
work, labor or materials.
8. NotiI! DISTRICT (Atlention: Contract Services Section) and CITY in
writing at least twenty (20) days prior to the start of construction of PROJECT. Construction
shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and
CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to
commence construction of PROJECT.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining
access to and performing inspection service for the construction ofPROJECT as set forth herein.
10. If applicable, obtain and provide DISTRICT (Attention: Plan Check
Section), at the time of providing writlen notice to DISTRICT and CITY of the start of
construction as set forth in Section I.8. or not less than twenty (20) days prior to the recordation
of the final maps for Tract No. 31456, with duly executed Inevocable Offers(s) of Dedication to
the public for flood control and drainage purposes, including ingress and egress, for the rights of
way deemed necessary by DISTRICT for the construction, inspection, operation and
maintenance of DISTRICT FACILITIES. The Irrevocable offer(s) of Dedication shall be
provided to CITY to accept on behalfofDISTRICT, in a form approved by DISTRICT and shall
be executed by all legal and equitable owners ofthe property described in the offer(s).
1 1. If applicable, fumish DISTRICT (Attention: Plan Check Section), when
submitting the Irrevocable Offer(s) of Dedication as set forth in Section 1.10., with Preliminary
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Reports on Title dated not more than thirty (30) days prior to date of submission of, all the
property described in the Irrevocable Offer(s) of Dedication.
12. Furnish DISTRICT (Atlention: Contract Services Section) and CITY, at
the time of providing written notice to DISTRICT and CITY of the stafi of construction as set
forth in Section I.8., 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 fi.rther identifr in writing its designated superintendent
for PROJECT construction.
13. Furnish DISTRICT (Attention: Contract Services Section) and CITY, at
the time of providing written notice to DISTRICT and CITY of the start of construction as set
forth in Section I.8., 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 ("RECORD DRAWINGS") for
PROJECT, and assign their ownership to DISTRICT prior to the start on any portion of
PROJECT construction.
15. Not permit any change to or modification of DISTRICT and CITY
approved IMPROVEMENT PLANS without the prior written permission and consent of
DISTRICT and CITY.
16. Comply with all 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.
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17. Furnish DISTRICT (Altentiori: Contract Services Section) and CITY, at
the time of providing written notice to DISTRICT and CITY of the start of construction as set
forth in Section I.8., 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, Other Confined Space Operations; Section 5157, Permit Required Confined Space; and
District Conlined Space Procedures, SOM-18. The procedure shall be reviewed and approved
by DISTNCT and CITY prior to the issuance of a Notice to Proceed, which shall be given by
DISTRICT to DEVELOPER upon DISTRICT's and CITY's approval.
18. DEVELOPER shall not corrmence operations until DISTRICT
(Attention: Contract Services Section) and CITY have been fumished with original certificate(s)
of insurance and original certified copies of endorsements and, il requested, certified original
policies of insurance, including all endorsements and any and all other attachments. Prior to
DISTRICT issuing a Notice to Proceed to DEVELOPER's construction contractor(s) to begin
construction of PROJECT, an original certificate of insurance evidencing the required insurance
coverage shall be provided to DISTRICT and CITY. At minimum, the procured insurance
coverages should adhere to DISTRICT's and CITY's required insurance provided in Exhibit "C".
attached hereto and made a part hereof.
Failure to maintain the insurance required by the above paragraph shall be
deemed a material breach of this Agreement and shall authorize and constitute authority for
DISTRICT or CITY, at their sole discretion, to provide written notice to DEVELOPER that either
DISTRICT or CITY will no longer be required to perform their obligations of this Agreement,
nor accept responsibility for ownership, operation and maintenance of DISTRICT FACILITIES
or CITY FACILITIES due, either in whole or in part, to DEVELOPER's said breach of this
Agreement.
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19. Construct or cause to be constructed PROJECT at DEVELOPER's sole
cost and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS
and this Agreement.
20. Within two (2) weeks of completing PROJECT construction, provide
DISTzuCT (Attention: Construction Management Section) and CITY with written notice that
PROJECT construction is substantially complete and requesting that DISTRICT conduct a final
inspection of DISTNCT FACILITIES and CITY conduct a final inspection of PROJECT.
21. Ifright ofway conveyance to DISTRICT is required, upon completion of
PROJECT construction and upon acceptance by CITY ofall rights of way deemed necessary by
DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey or
cause to be conveyed to DISTRICT (Attention: Plan Check Section) the flood control
easement(s), including ingress and egress, and/or grant deed(s) for the rights of way, as shown
in concept in hatching on Exhibit "D" attached hereto and made a part hereof.
22. At the time of recordation ofthe conveyance document(s) as set forth in
Section I.21., fumish DISTRICT (Attention: Real Estate Services Section) with policies of title
insurance, each in the amount ofnot less than (i) fifty percent (50%) ofthe estimated fee value,
as determined by DISTRICT, for each easement parcel to be conveyed to DISTzuCT or (ii) one
hundred percent (100%) ofthe estimated value, as determined by DISTRICT, for each fee parcel
to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free
and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or
unrecorded), and except those which, in the sole discretion of DISTRICT, are acceplable.
23. Accept ownership and sole responsibility for the operation and
mainlenance of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility
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for the inspeclion, operation and maintenance of DISTRICT FACILITIES, and (ii) CITY accepts
responsibility lor the inspection, operation and maintenance of CITY FACILITIES.
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
attomeys'fees, and acknowledge that, upon entry ofjudgment, a1l such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
25. Upon completion of PROJECT construction, but prior to (i) DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, and (ii) CITY
acceptance of CITY FACILITIES for ownership, operation and maintenance, provide or cause
its civil engineer ofrecord or construction civil engineer ofrecord, duly registered in the State of
Califomia, to provide DISTRICT and CITY with a redlined RECORD DRAWINGS copy of
PROJECT plans. After DISTRICT and CITY approval of the redlined RECORD DRAWINGS,
DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes
onto DISTRICT's original RECORD DRAWINGS at DISTRICT's office, after which the
engineer shall review, stamp and sign the original PROJECT engineering plans RECORD
DRAWINGS.
26. 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 1o all applicable provisions of the Labor Code. Business
and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTRIC'l'shall
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l. Review IMPROVEMENT PLANS and approve when DISTRICT has
determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT
prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and, if CITY deems appropriate
in its sole and absolute discretion, approve IMPROVEMENT PLANS prior to DISTRICT's final
approval. DISTRICT shall not approve IMPROVEMENT PLANS until CITY has provided its
approval pursuant to this Section.
3. Upon execution ofthis Agreement, record or cause to be recorded a copy
of this Agreement in the Official Records of the Riverside County Recorder.
4. If applicable, DISTRICT shall request CITY review any requested
Irrevocable Offer(s) of Dedication in connection with the PROJECT and accepl any such
Inevocable Offers of Dedication on behalf of DISTRICT. In the same action that it accepts an
Irrevocable Offer of Dedication, CITY shall immediately convey the property interest(s)
associated with the requested Inevocable Offer(s) of Dedication to DISTRICT via quitclaim or
other similar conveyance document, which shall be prepared by DISTRICT. DISTRICT shall
be deemed to have accepted the property interest(s) associated with the requested lrrevocable
Offer(s) of Dedication upon the recordation ofthe conveyance document. Neither this section
nor Section I.l0 restricts CITY's ability to require any other lawful Irrevocable Offer(s) of
Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES.
6. Keep an accurate accounting of all DISTRICT costs associated with the
review and approval of IMPROVEMENT PLANS, the review and approval of right of way and
conveyance documents, and the processing and administration ofthis Agreement.
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7. Keep an accurate accounting of all DISTRICT construction inspection
costs, and within forty-five (45) days after DISTRICT acceptance of DISTRICT FACILITIES
as being complete, submit a final cosl statement to DEVELOPER. If the deposit, as set fofth in
Section I.3., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount
within sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being
complete.
8. Prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTRICT FACILITIES, PROJECT shall be in a satisfactorily
maintained condition as solely determined by DISTRICT and shall have been accepted by
DISTRICT for ownership, operation and maintenance. If, subsequent to the inspection and in
the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition,
corrections shall be made at sole expense of DEVELOPER.
9. Accept ownership and sole responsibility for the operation and
maintenance of DISTRICT FACILITIES from DEVELOPER upon (D DISTRICT inspection of
DISTRICT FACILITIES in accordance with Section I.20., (iD DISTRICT acceptance of
DISTRICT FACILITIES construction as being complete, (iii) DISTRICT receipt of stamped and
signed "RECORD DRAWINGS" of PROJECT plans, as set forth in Section I.25., (iv)
DISTRICT acceptance ofall rights ofway as deemed necessary by DISTRICT and CITY for the
ownership, operation and maintenance of DISTRICT FACILITIES, (v) CITY acceptance of
CITY FACILITIES, and (vii) DISTRICT's sole determination that DISTRICT FACILITIES and
are in a satisfactorily maintained condition.
10. Provide CITY with a reproducible duplicate copy of RECORD
DRAWINGS of PROJECT plans within I 0 days of receipt.
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I l. ln the event CITY wishes to utilize DISTRICT's construction inspection,
materials testing and construction survey services, and CITY provides DISTRICT with a written
request for such services under Seclion III.3., DISTRICT shall provide a timely response whether
or not they have the resources to perform such services. If DISTRICT wishes to provide such
services, DISTRICT shall provide all necessary construction inspection, materials testing and
construction survey services for PROJECT and assist CITY as needed with the administration of
PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs
associated with the inspection of PROJECT construction, as set forth herein.
SECTION III
CITY shall:
L 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 I.7., and hold said bonds as provided
herein.
3. Inspect PROJECT construction or cause PROJECT's construction to be
inspected by its construction manager, to be reimbursed by DEVELOPER. In the event CITY
wishes to utilize DISTRICT's construction inspection, materials testing and construction survey
services, CITY shall provide DISTRICT with a written request (Attn: Construction Management)
for such services pursuant to Section II.l I above.
4. Upon request by DISTRICT, CITY shall review any requested Inevocable
Offer(s) of Dedication in connection with the PROJECT and accept any such Irrevocable Offers
of Dedication on behalf of DISTRICT. In the same action, CITY shall immediately convey the
propcrty interest(s) associated with the requested Irrevocable Offer(s) of Dedication to
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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.
5. Grant 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
direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact
the public health and safety.
6. Accept ownership and sole responsibility for the inspection, operation and
maintenance of CITY FACILITIES, upon (i) CITY inspection of PROJECT in accordance with
Section I.20., (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.10., (iv) CITY acceptance ofall rights of way as deemed necessary
by DISTRICT and CITY for the ownership, operation and maintenance of DISTRICT
FACILITIES, and CITY FACILITIES, as outlined in this Agreement, and the (v) CITY's sole
determination that PROJECT is in a satisfactorily maintained condition. In addition to the
foregoing, CITY's acceptance under this section shall not be effective until DISTRICT's
acceptance of DISTRICT FACILITIES, under Section II, above. As such, until DISTRICT
accepts DISTRICT FACILITIES, the ownership and maintenance obligations regarding the
CITY FACILITIES shall be the sole responsibility of DEVELOPER.
7. Release occupancy permits in accordance with the approved conditions of
approval.
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8. Notwithstanding any of the foregoing, prior to accepting ownership of
CITY FACILITIES, 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, CITY
FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of
DEVELOPER.
9. Upon DISTRICT and CITY acceptance of PROJECT construction as
being complete, accept sole responsibility for the adjustment 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 ofDISTRICT 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.
SECTION IV
It is further mutually agreed by the parties hereto that:
1. All work involved with PROJECT shall be inspected by DISTRICT and
CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writing
that construction of the PROJECT is completed in accordance with DISTRICT and CITY
approved IMPROVEMENT PLANS.
2. CITY and DEVELOPER personnel may observe and inspect all work
being done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be
solely responsible for all quality control communications with DEVELOPER's contractor(s)
during the construction of PROJECT. Prior to any communication with DEVELOPER under
this section, DISTRICT and CITY personnel shall meet and confer and agree to all
communications conveyed to DEVELOPER. If DISTRICT and CITY should disagree as 10 the
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content of any particular communication, DISTRICT personnel agree to communicate CITY
comments to DEVELOPER in addition to DISTRICT comments.
3. DEVELOPER shall complete construction of PROJECT within eighteen
(18) consecutive months after receipt of Notice to Proceed from DISTRICT and CITY. It is
expressly understood that since time is ofthe essence in this Agreement, failure of DEVELOPER
to perform the work within the agreed upon time shall constitute authority for DISTRICT to
perform the remaining work and require DEVELOPER's surety to pay to CITY the penal sum of
any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT for DISTRICT
costs incurred.
4. If DEVELOPER fails to commence construction of PROJECT within nine
(9) monlhs after the Notice to Proceed is issued, then DISTRICT and CITY reserve the right to
review the existing site conditions as they exisl at the time DEVELOPER provides written
notification to DISTRICT and CITY ofthe start ofconstruction as set forth in Section I.8. Inthe
event ofa change in the existing site conditions that (i) materially affects PROJECT function, or
(ii) DISTRICT's ability to operate and maintain DISTRICT FACILITIES, or (iii) CITY's ability
to operate and maintain CITY FACILITIES, DISTzuCT or CITY may require DEVELOPER to
modify IMPROVEMENT PLANS as deemed necessary by DISTRICT or CITY. Under no
circumstances shall either DISTRICT or CITY be allowed to modifl the IMPROVEMENT
PLANS without the consent of the other.
5. DISTRICT and CITY shall endeavor to issue DEVELOPER a Notice to
Proceed within twenty (20) days of receipt of DEVELOPER's complete wdtten notice, as set
forth in Section I.8., and submittal of alt the required items as set forth in this Agreement,
including but not timited to Sections 1.3., I.4., I.7., I.10., I.12., I.13., I.17. and 1.18; however,
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DISTRICT's and CITY's conslruclion inspection staff is limited and may take up to 60 days for
the issuance of a Notice to Proceed as determined by the DISTRICT and CITY.
In the event DEVELOPER wishes to expedite issuance oithe Notice(s) to
Proceed, DEVELOPER may elect to fumish an independent qualified construction inspector at
DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation
of the individual's credentials and experience to DISTRICT and CITY for review and, if
appropriate, approval, as determined by DISTRICT and CITY in their reasonable discretion.
DISTRICT and CITY shall review the individual's qualifications and experience and upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be
authorized to act on DISTRICT's and CITY's behalf on all PROJECT construction and quality
control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to
Section I.3. exceeds lTen lThousand lDollars ($10,000), DISTRICT shall refund to
DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within
forty-five (45) days of DISTRICT's approval of DEPUTY NSPECTOR; however, a minimum
balance oflTen N'lhousand lDollars ($ 10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour
work week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal
holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels
it is necessary to work more than the normal forly (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 slate the reasons for the overtime and
the specific time tiames required. The decision of granting permission for overlime work shall
be made by DISTRICT and CITY, whose respective decisions can be given in their sole
- t9 -
P8t245716
discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER
will be charged the cost incurred at the overtime rates for addilional inspection time required in
connection with the overtime work in accordance with Ordinance Nos. 671 and 749, including
any amendments thereto, of the County of Riverside, as well as CITY's applicable fee schedule
and/or other related ordinance or regulation. Notwithstanding the foregoing, should DISTRICT
agree to provide inspection and management services to CITY pursuant to a request by CITY
under Section II(11) and Section III(3), above, CITY can also agree to not require its consent
under this section.
7. INDEMNIFICATIONOBLIGATIONS:
i. DEVELOPER INDEMNIFICATION OF DISTRICT AND THE
COUNTY OF RMRSIDE. DEVELOPER shall indemnify and hold
harmless DISTRICT and the County of Riverside, (including their
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 ofor
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'
-20 -
P8/245't 16
Section 19 of the California Constitution, the Fifth Amendment of the
United States Constitution or any other law, ordinance or regulation
caused by the diversion ofwaters from the natural drainage pattems or
the discharge of drainage within or from PROJECT; or (d) any other
element of any kind or natwe whatsoever arising from 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 attomey fees, cost of investigation,
defense and settlements or awards), the DISTRICT INDEMNITEES
in any claim, proceeding or action for which indemnification is
required.
With respect to any action or claim subject to indemnihcation herein
by DEVELOPER, DEVELOPER shall, at its sole cost, have the right
to use counsel of their own choice and shall have the right to adjust,
settle, compromise any such claim, proceeding or action without the
prior consent of DISTNCT and the County of Riverside; provided,
however, that any such adjustment, settlement or compromise in no
manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to the DISTRICT INDEMNITEES as set
fo(h 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
-21 -
II
P8t245116
document) relieving DISTRICT and the County of Riverside from any
Iiability for the claim, proceeding or action involved.
DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnifu and hold harmless CITY, including its governing bodies,
agencies, districts, special districts and departments, their respective
directors, officers, councilmembers, elected and appointed offi cials,
employees, agents and representatives, (individually and 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 Agretment, 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 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 bul not limited to altorney fees, cost of invcstigation,
defense and settlements or awards), CITY INDEMNITEES rvith legal
1-',)
1V
Ill
P8/245.716
counsel reasonably satisfactory to CITY in any claim proceeding or
aclion for which indemnification is required. If DEVELOPER fails 1o
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 ofapproval by DEVELOPER and, if it does, DEVELOPER shall
promptly pay CITY's full cost thereof, with payments made at least on
a monthly basis.
DEVELOPER's indemnification obligations as to CITY
INDEMNITEES shall be satisfied when DEVELOPER has provided
to CITY a form ol dismissal regarding any liability for the claim,
proceeding or action involved, and CITY determines that the form of
dismissal is adequate in their sole and absolute discretion.
Notwithstanding the foregoing, DEVELOPER shall enter into no
settlement agreement or final resolution of any pending claim covered
under this subsection, without CITY's prior written approval.
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 the DISTRICT INDEMNITEES and CITY
INDEMNITEES from third party claims.
P8/245.1r6
v. In the event there is conflicl between this section and California Civil
Code Section 2782, this section shall be interpreted to comply with
California Civil Code Section 2782. Such interpretation shall not
relieve DEVELOPER from indemnifuing the DISTRICT
INDEMNITEES and CITY INDEMNITEES tO the fUIICSI extENt
allowed by law.
8. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT, the County of Riverside and CITY (including their agencies, districts, special
districts and departments, their respective directors, officer, Board of Supervisors, elected and
appointed officials, employees, agents and representatives) from any and all claims, demands,
actions, or suits of any kind arising out of any liability, known or unknown, present or future,
including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section
19 of the 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 DISTNCT, or the County of Riverside, or their
officers, agents and employees from any and all claims, demands, actions or suits of any kind
arising out of any liability, known or unknown, present or future, for the negligent maintenance
of DISTRICT FACILITIES, after the acceptance of ownership, operation and maintenance of
DISTRICT FACILITIES bY DISTNCT.
9. Any waiver by DISTzuCT or by CITY of any breach of any one or more
ofthe terms ofthis 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 DISTRICT or CITY to
require exact, fr.rlt and complete compliance with any terms of this Agreement shall not be
-24 -
P8/245716
construed as, in any manner, changing the terms hereof, or estopping DISTRICT or CITY from
eniorcement hereof.
10. 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.
11. Any and all notices sent or required to be sent to the parties of this
Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTIUCT:RIVERSIDE COLINTY FLOOD
CONSERVATION DISTzuCT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Seclion
CONTROL AND WATER
To CITY:CITY OF MENIF-EE
29844 Haun Road
Menifee, CA 92586
Attn: Daniel Padilla, City Engineer
I-and Development Section
RCFC INVESTMENTS, LLC
26071 Merit Circle, Suite l0l
Laguna Beach, CA 92653
Attn: Gordon Youde
12. Any action at law or in equity brought by any ofthe parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
13. This Agreement is the result of negotiations between the parties hereto,
and the advice and assistance of their respective counsel, as such, the authorship of this
-25 -
To DEVELOPER:
1 81245716
Agreement shall have no import or significance. Any uncertainty or ambiguity in this Agreement
shall not be construed against DISTNCT because DISTRICT prepared this Agreement in its
final form. Likewise, any uncertainty or ambiguity in this Agreement shall not be construed
against CITY because CITY participated in the preparation of this Agreement.
14. The rights, obligations, and releases (including the indemnification
obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and
assignees.
15. In the event DEVELOPER sells Tract No. 31456, DEVELOPER shall
notiff DISTRICT and CITY ofany such transfer or assignment in writing no later than 30 days
from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain
tiable with respect to any and all ofthe obligations and duties contained in this Agreement until
DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract No. 31456 fully execute an
assignment and assumption agreement that transfers all DEVELOPER's rights, duties or
obligations hereunder to the new owner(s) of Tract No. 3 1456.
16. The individual(s) executing this Agreement on behalf of DEVELOPER
certifo 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.
17. This Agreement is intended by the parties hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent ofthe parties hereto.
-26 -
Plt/245716
18. 'l his Agreemer,t may bc executed in one or more counterpans. each of
uftich shall bc dccmcd an original. but all of which taken logether shall conslittttc one and thc
same inslrumcnt.
-27 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
{wmwr & tnt
[o u[iiidin-ry cL"i[ ofttre nou.ay
P8/245716
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICTRECOMMENDED FOR APPROVAL:
By
JAS UHLEY
anager-ChiefG
APPROVED AS TO FORM:
COUNTY COUNSEL
By Karr"*--J.sp;4
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
KECIA HARPER
Clerk of the Board
By
Deputy
rneer
By C-; lb4l*.-
CAROLINEMoNR-7
Deputy County Counsel
(SEAL)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/12/22
AMRjss
N0v rzozz 1\,{
-28-
P81215716
By By
DANIEL PADILLA
City Engineer
ARMANDO G, VILLA
City Manager '.
APPRO AS TO FORM:ATTEST:
By By
T KAY
City Attorney erk
(sEAL)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC
Menifee Valley - Be[[a View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09^2t22
AMRjss
-29-
RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
DJ 0-h$.ui- €^
P8t2457 t6
RCFC INVESTMENTS, LLC,
a California limited liability company
SEE ATTACHED
JURAT
By
D. YOUDE
Manager
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement with City of Menifee and RCFC lnvestments, LLC
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/t2/2022
AMRjss
-30-
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
valid of that document.
State of California
County of Oranqe
Subscribed and sworn to (or affirmed) before me on this z s
day of vy'ber ,20t2 ,by Gotdan bennis Ys/de
proved to me on the basis of satisfactory evidence to be the
person(s)who appeared before me.
CIC JOSHLA AVII'IDO ESCALAITE
1
Nct!ft Publlc . Cllifornia
0rin$ Co!nry
confirrsioll t 23t9766
/ry Comn. Ertirr! Jtn 6, 1026
(Seal)Signature
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Riverside, State of California, described
as follows:
TENTATIVE TRACT NO. 31456, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
PARCEL A OF LOT LINE ADJUSTMENT NO. LtA 13-001 RECORDED MAy 16, 2013 AS
INSTRUMENT NO, 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECflON. SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECflON NORTH 89"0650" EAST
922.38 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 29O37'37'EAST 753.55 FEET;
THENCE SOUTH OOO25'49" WEST 292.86 FEET;
THENCE SOUTH 50"0701" EAST 908.53 FEET;
THENCE SOUTH, 89"32'45', EAST 600.00 FEET TO A POINT ON THE
WESTERLY UNE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON TILE IN BOOK 215, PAGES 97
TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING
23O.OO FEET SOUTH OF
THE SOUTHERLY RIGHT-OF.-WAY OF VERONICA LANE, DEDICATED TO PUBI.IC USE BY
INSTRUMENT NUMBER 2OO4-05I2897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE,
OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG THE WESTERLY UNE OF SAID PARCEL 1, SOUTH OO"2O'03" WEST
1102,08 FEET TO THE CENTER OF SAID SESNON;
THENCE WESTERLY ALONG THE CENTER LINE OF SAID SECTION, SOUTH 89"53'53" WEST
2607.83 FEET TO THE WEST QUARTER CORNER OF SAID SECTION;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID SECTION LINE, NORTH 00"33'41'
EAST 2628.41 FEET TO THE POINT OF BEGINNING;
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
WEST 7z OF SOUTH 7z OF NORTH TWO-FIFTHS OF SOUTH Vz OF SOUTHWEST 7+ OF SOUTH Ye
OF EAST % OF WEST 7z OF NORTHWEST % OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICI,AL PLAT OF SAID
Page 1 ot 4
EXHIBIT A
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST. S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LAND, AND
THE EAST th OF THE NORTH 7z OF THE SOUTH TWO-FIFTHS OF THE SOUTH 1/z OF rHE
NORTHEAST Vc OF rHE SOUTH 7z OF THE EAST 7z OF THE WEST 7z OF NORTHWEST % OF
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
THE WEST 7z OF THE SOUTH ONE-FIFTH OF THE SOUTH 7z OF THE SOUTHEAST 7a OF THE
SOUTH Vz OF THE WEST 7z OF THE NORTHWEST % OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDI,AN, ACCORDING TO THE OFFICAL PLAT
OF SAID LAND, AND
THE EAST 7z OF THE SOUTH Yz OF THE NORTH TWO FIFTHS OF THE NORTH Vz OF rHE
SOUTHWEST 7+ OF THE SOUTH 7z OF THE EAST Vz OF THE WEST 7z OF THE NORTHWEST %,
SECNON 29, TOWNSH]P 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO EASE AND MERIDIAN,
ACCORDING TO THE OFFICI,AL PLAT OF SAID LAND, AND
A THE EAST 7z OF THE SOUTH ONE-THIRD OF THE NORTH THREE-FIFTHS OF THE NORTH 7z
OF THE SOUTHEAST 7a OF THE NORTH 7z OF THE WEST 7z OF THE NORTHWEST 7n OF
SECTION 29, TOWNSHIP 5 SOUTH. RANGE 3 WEST, SAN BERNARDINO BASS AND MERIDIAN,
ACCORDING
TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A1:
WEST 7z OF SOUTH Yz OF NORTH TWO-FIFTHS OF SOUTH 7z OF SOUTHWEST % OF SOUTH 7q
OF EAST 7z OF WEST % OF NORTHWEST % OF SECIION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND.
PARCEL A2:
THE EAST vz OF THE NORTH 7z OF THE SOUTH TWO-flFTHS OF THE SOUTH Yz OF THE
NORTHEAST V4 OF THE SOUTH 7z OF THE EAST yz OF THE WEST 7z OF NORTHWEST 7q OF
SECNON 29. TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID IAND.
PARCEL A3:
THE EAST Vz OF THE WEST % OF THE SOUTH v2 OF THE NORTH TWO FIFTHS OF THE SOUTH
y2 OF THE SOUTHWEST % OF THE EAST 7z OF THE NORTHWEST 7+ OF SECTION 29,
TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL A4:
THE SOUTH ONE-FIFTH OF THE WEST Vz OF THE SOUTHWEST Yq OF THE SOUTHEASF 1/q OF
THE SOUTHWEST % OF THE NORTHWEST % OF SECNON 29, TOWNSHIP 5 SOUTH, RANGE 3
Page 2 ol 4
THE EAST 7z OF THE WEST 1/t OF rHE SOUTH 7z OF THE NORTH TWO FIFTHS OF THE SOUTH
% OF THE SOUTHWEST 7+ OF THE EAST 7z OF THE NORTHWEST 7+ OF SECTION 29,
TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING
TO THE
OFFICIAL PLAT OF SAID LAND, AND
WEST, SBBM
PARCEL A5:
THE EAST 7z OF THE SOUTH 7z OF THE NORTH TWO FIFTHS OF THE NORTH V2 OF IHE
SOUTHWEST 7+ OF THE SOUTH 7z OF THE EAST 7z OF THE WEST 7z OF THE NORTHWEST 7e,
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICI,AL PLAT OF SAID LAND.
PARCEL B OF LOT LINE AD]USTMENT NO, LLA 13-OO1 RECORDED MAY 16, 2013 AS
INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARNCULARLY
DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
wEsT, s.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89"06'50' EAST
922.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHERLY UNE OF SAID SECTION, NORTH 89006'50"
EAST 1675.54 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE SOUTHERLY SOUTH OOO2O'OO3'WEST 1561.79 FEET TO A POINT ON THE WESTERLY
LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 215, PAGES 97 TO 99
INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 23O.OO
FEET SOUTH OF THE SOUTHERLY RIGHT-OF.WAY OF VERONICA LANE, DEDICATED TO
PUBLIC USE BY INSTRUI4ENT NUMBER 2004-0512897, RECORDED ]ULY 1, 2004, COUNTY OF
RIVERSIDE, OFFICIAL RECORDS;
THENCE NORTH 89032'45" WEST 600.00 FEET
THENCE NORTH 50"07'01" WEST 908.53 FEET;
THENCE OOO25'49" EAST 292.86 FEET:
THENCE NORTH 29"3I'37'WEST 753.55 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
PARCEL 2 AND LETTERED LOT'A'OF PARCEL MAP 31672, IN THE COUNry OF RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 215, PAGES 97 THROUGH 99,
INCLUSIVE OF PARCEL MAPS, INSTRUMENT NO. 2006.0080518 AND RECORDED FEBRUARY 1,
2006 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Pago 3 ol 4
PARCEL B:
EXCEPT 52 PERCENT OF THE OIL AND MINERAL RIGHTS. IN, ON AND UNDER SAID I.AND
WITHOUT ANY RIGHT TO INGRESS AND EGRESS OR TO ENTER UPON THE SURFACE OF SAID
LAND FOR THE PURPOSES OF TAKING OR MINING ANY OF SUCH RESERVED OIL OR MINERALS
AS RESERVED IN THE DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT,
HUSBAND AND WIFE, RECORDED NOVEMBER 29,7957 IN BOOK 2185, PAGE 189 OF OFFICIAL
RECORDS.
APN: 339-020-002-9 and 339-020-003-0 and 339-020-004-1 and 339-020-005-2 and 339-020-
006-3 and 339-020-007-4 and 339-020-008-5 and 339-030-002-0
Page 4 ol 4
Page I of I
Collection
Basin
\
Collection
Basin A
EXHIBIT ''B''
LEGEND:
\
LINE A
LATERAL A_3 I
I
"-"sQ(u-
BONANZA TRAIL DR.
sslu:-
{
au
@
,,,
o
*to
oL
oo
oQ
ENCHANTED STAR DRIVE
COOPERA AGREEMENT
Menilee Valley - Bella View Way Slorm Drain, Stage 1
Menilee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos- 4-0-00408 and 4-0-00409
Tract Map No.31456
Page 1 o, 2
,(..o5s+
*-" etf*8
s-S qd
4""
oo
EXHIBlT B
l!
LEGEND
I District Maintenance
I City Maintenance
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1
Project Nos. 4-0-00408 and 4-0-00409
Tract Map No.31456
WATEB OUALITY
BASIN ABEA
DEBRIS BASIN
DISTRICT's and CITY's Required Insurance are as follows:
Without limiting or diminishing DEVELOPER's obligation to indemniff or hold
DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be
maintained, at its soleiost 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 Dishicts, and Departments, their respective directors, officers, Board of
Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
A. Workers'on:
lf DEVELOPER has employees as defined by the State of Califomia,
DEVELOPER shall maintain statutory Workers' Compensation lnsurance
(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 of the Riverside County Flood Control and Water
Conservation District, the County of Riverside, and CITY.
Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, unmodified contractual liability, products and completed
operations liability, personal and advertising injury and cross liability coverage,
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 departrnents, their respective
directors, officers, Board of Supervisors, employees, elected or appointcd
officials, agents or representativss as additional insureds. Policy's limit of
liability shall not be less than $5,000,000 per occurrence combined single limit.
B
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-0M09
Tract Map No. 31456
Page I of5
Exhibit C
Exhibit C
COOPERATIVE ACREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
Page 2 of5
C
If such insurance contains a general aqgegate limit, it shall apply separately to
this Agreement or be no less than two (2) times the occurence limit. DISTRICT
and CITY must be an additional insured for liability arising out of ongoing and
completed operations by or on behalf of DEVELOPER. DISTRICT and CITY
shall continue to be an additional insured for completed operations for Mo years
after completion of the work. If DEVELOPER maintains higher limits than the
specified minimum limits, DISTRICT and CITY require and shall be entitled to
coverage for the higher limits maintained by DEVELOPER.
Vehicle Liabilitv:
lf vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then DEVELOPER shall maintain liability insurance for
all owned, non-owned or hired vehicles so used in an amount not less than
$1,000,000 per occurrence combined single limit. lf 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. Policy shall name DISTRICT and CITY
and its agencies, districts, special districts and deparsnents, their respective
directors, officers, Board of Supervison, employees, elected or appointed
officials, agents or representatives as additional insureds.
D. ProfessionalLiabili tv
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 $4,000,000 annual
ag$egate. 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 engineerrs sole expense
E
either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or
2) Prior Dates Coverage from a new insurer with a retroactive date back to the
date of, or prior to the inception of this Agreement; or 3) demonstrate through
Certificates of Insurance that such architect or engineer has maintained
continuous coverage with the same or original insurer. Coverage provided under
items: l), 2) or 3) shall continue for the term specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITY.
General Insurance Provisions - All Lines:
I
.
lll.
Any insurance carrier providing insurance coverage hereunder shall be
admifted 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 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 occurrence each such retention shall have the prior written
consent of the DISTRICT Risk Manager and CITY before the
commencement of operations under this Agreement. Upon notification of
self-insured retention deemed unacceptable to DISTRICT or CITY and at
the election of CITY or the DISTRICT's Risk Manager, DEVELOPER's
carriers shall either: 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.
DEVELOPER shall cause their insurance carrier(s) or its contractor's
insurance carrier(s), to fumish DISTRICT and CITY with 1) a properly
executed original certificate(s) of insurance and certified original copies of
Exhibit C
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Stomr Drain, Stage I
Project Nos. 4-0-00408 and 4-0-0M09
Tract Map No. 31456
Page 3 of5
COOPERATIVE ACREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifce Valley - Haleys Flight Drive Storm Drcin, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
Page 4 of5
tv.
vl
endorsements effecting coverage as required herein; and 2) if requested to
do so orally or in writing by CITY or the DISTRICT Risk Manager, provide
original certified copies of policies including all endorsements and all
attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the
covenant of the insurance carrier(s) that a minimum of thirty (30) days
written notice shall be given to DISTRICT and CITY prior to any material
modification, cancellation, expiration or reduction in coverage of such
insurance. IfDEVELOPER insurance carrier(s) policies does not meet the
minimum notice requirement found herein, DEVELOPER shall cause
DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of
Cancellation Endorsement.
ln 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
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.
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.
If, during the term of this Agreement or any extension thereof, there is a
material change in the scope of services or there is a material change in the
equipment to be used in the performance of the scope of'work which will
Exhibit C
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I
Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 3 t456
Page 5 of 5
Exhibit C
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 notifu DISTRICT and CITY of any claim by a third
party or any incident or event that may give rise to a claim arising from the
performance of this Agreement.
DEVELOPER hereby agrees to waive rights of subrogation which any insurer of
DEVELOPER may acquire from DEVELOPER by virtue of the payment of any loss.
DEVELOPER agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the CITY or DISTRICT has
received a waiver of subrogation endorsement from the insurer. However, the Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of the County of
Riverside, CITY, and the Riverside County Flood Control and Water Conservation District for all
work performed by the DEVELOPER, its employees, agents, contractors and subcontractors.
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.
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