2022/05/10 Riverside County Flood Control and Water Conservation District Romoland MDP Line A-9, Stage 1 - Project No 4-0-00321 - Tract Map No. 37400MAY 10 2022 lt.L
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COOPERATIVE AGREEMI]NI'
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
This Cooperative Agreement ("Agreement"), dated as of MAY 10 2022
IS
entered into by and between the Riverside County Flood Control and Water Conservation District,
a body politic C'DISTRICT"), the City of Menifee, a municipal corporation ("CITY"), and D.R.
Horton Los Angeles Holding Company, Inc., a Califomia corporation ("DEVELOPER'),
(together, the "Parties").
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located
within the County of Riverside. DEVELOPER has submitted for approval Tract Map No. 37400
located in the city of Menifee. As a condition of approval, DEVELOPER must construct certain
flood control facilities in order to provide flood protection and drainage for DEVELOPER's
planned development; and
B. The legal description of Tract Map No. 37400 is provided in Exhibit 'rA'r,
attached hereto and made a part hereof; and
C. The required flood control facilities and drainage improvements are shown
on DISTRICTTs Drawing No. 4-1 167, the relevant portions of which are shown in concept on
Exhibit "8" attached hereto and a part hereof, include the construction of:
(i) Romoland MDP Line A-9, Stage I ("LINE A-9, STAGE 1"), which
is comprised of approximately 1,300 lineal feet of underground
storm drain system, as shown in blue on Exhibit "8". At its
downstream terminus, LINE A-9, STAGE 1 will connect to the
existing 4-cell, 14'x 10' reinforced concrete box culvert
(DISTRICT's Drawing No. 4-0856);
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(ii) All safety devices requested by DISTRICT, including but not
limited to concrete pads, slope protection barriers, signage and
fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be
purchased and installed by DEVELOPER's contractor, and subject
to DISTRICT's inspection and approval. Together, LINE A-9,
STAGE I and SAFETY DEVICES are hereinafter called
'DISTRICT FACILITIES"; and
D. All Parties recognize that DEVELOPER intends to realign the downstream
portion of LINE A-9, STAGE I, between Station 9+90.89 and Station I l+79.50 ('REALIGNED
SEGMENT.), parallel with the existing rights-of-way. If at any time, DISTRICT needs to
remove or replace REALIGNED SEGMENT, DEVELOPER agrees to cover the costs to replace
the curb and gutter and sidewalk for REALIGNED SEGMENT; and
E. Associated with the construction of DISTRICT FACILITIES is the
construction ofcertain catch basins, inlets, connector pipes, and various lateral storm drains that
are thirty-six inches (36") or less in diameter that are located within CITY held easements or rights
of way, as depibted in DISTNCT's Drawing No. 4-1167, hereinafter called
,APPURTENANCES"; ANd
F. Together, DISTRICT FACILITIES and APPURTENANCES are
hereinafter called "PROJECT"; and
G. LINE A-9, STAGE I is located within the Homeland / Romoland Area
Drainage Plan (ADP) Line A Sub-Watershed; and
H. ln 2014, CITY delegated all right and authority held under Ordinance
460.144, as amended, to the County of Riverside for the adjustment, collection and disbursement
of the Homeland / Romoland Area Drainage Plan (ADP) fees; and
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I. The ADP Fee obligation for LINE A-9, STAGE I ("OBLIGATION"), is
calculated based on the acreage ofthe proposed subdivision; and
J. The book value of LINE A-9, STAGE I is referred to as ADP Fee credit
("CREDIT"); and
K. If DISTRICT estimates that upon constructing LINE A-9, STAGE l,
DEVELOPER will earn CREDIT, the estimated surplus amount between OBLIGATION and
CREDIT will result in an excess ADP Fee credit ("EXCESS CREDIT") to DEVELOPER; and
L. LINE A-9, STAGE 1 is an eligible component ("ADP FACILITY") of the
Homeland / Romoland ADP Line A Sub-Watershed; and
M. Pursuant to Section IV.b.l of the "Rules and Regulations for
Administration of Area Drainage Plans", dated June 10, 1980, as amended, ("RULES"), and the
provisions of this Agreement, EXCESS CREDIT eamed by DEVELOPER for the construction
of ADP FACILITY may be used to satisff OBLIGATION; and
N. Pursuant to the RULES and this Agreement, EXCESS CREDIT may be
used to satisfo the requirement to pay ADP Fees for certain properties located within the
boundaries of the Homeland / Romoland ADP Line A Sub-Watershed, hereinafter called
"ELIGIBLE PROPERTIES"; and
O. DEVELOPER and the owner(s) of other ELIGIBLE PROPERTIES may
desire to transfer some or all of DEVELOPER's EXCESS CREDIT to ELIGIBLE PROPERTIES.
In such event, DEVELOPER and owner(s) will enter into (a) separate agreement(s) conceming
the transfer of DEVELOPER s EXCESS CREDIT from DEVELOPER to said owner(s) as set
forth herein; and
P. On or about July 12, 2018, DISTRICT and DEVELOPER entered into a
Right of Entry and Inspection Agreement that aulhorizes DEVELOPER to construct DISTRICT
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FACILITIES. Pursuant 10 the Right of Entry and Inspection Agreement, DEVELOPER has
commenced construction of the At-Risk Portion of the project between stations 10+00.00 and
23+00.00; and
a. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operalion 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
R. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must
review and approve DEVELOPER's plans and specifications for PROJECT and subsequently
inspect and approve the construction of PROJECT; and
S. DISTRICT is willing to (i) review and approve DEVELOPER s plans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT FACILITIES and (iii)
accept ownership and responsibility for the operation and maintenance of DISTRICT
FACILITIES; provided DEVELOPER does all of the following: (a) complies with the terms of
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 construction until such time as
DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT
FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance
ofAPPURTENANCES; and
T. 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 perlormance and payment bonds submitted by DEVELOPER for DISTRICT
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FACILITIES, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT
FACILITIES within CITY rights of way subject 1o the terms of this Agreement, and (v) accept
ownership and responsibility for the operation and maintenance of APPURTENANCES;
provided DEVELOPER does all of the following: (a) complies with the terms of this Agreement,
(b) constructs PROJECT in accordance with DISTRICT and CITY approved plans and
specifications, (c) obtains and conveys to CITY all rights of way necessary for the inspection,
operation and maintenance of APPURTENANCES as set forth herein, and (d) accepts ownership
and responsibility for the operation and maintenance of PROJECT following completion of
PROJECT construction until such time as DISTRICT accepts ownership and responsibility for
the operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and
responsibility for the operation and maintenance of APPURTENANCES; and
U. Pursuant to Water Code Appendix Section 10, the Board of Supervisors of
the County of Riverside is designated as, and is empowered to act as, ex officio the Board of
Supervisors of DISTRICT therefore the County of Riverside is included as an indemnified party;
and
V. For the purposes of this Agreement, the term "CITY" shall mean and refer
to the City of Menifee, including its governing bodies, agencies, districts, special districts and
departments, their respective directors, councilmembers, officers, elected and appointed officials,
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
DEVDI-OPER shall:
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1. Prepare PROJECT plans and specifications, hereinafter called
"IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and
submit to DISTRICT and CITY for their respective 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 IMPROVEMENT PLANS, review and approval of rights
ofway and conveyance documents, and with the processing and administration ofthis Agreement.
3. Deposit with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT and CITY of the start of
PROJECT construction as set forth in Section I.8, the estimated cost of providing construction
inspection for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT
in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any
amendments thereto, based upon the bonded value of DISTRICT FACILITIES. If at any time the
inspection costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with
DISTRICT, DEVELOPER shall pay such additional amount(s) as deemed reasonably necessary
by DISTRICT to complete inspection of DISTRICT FACILITIES 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 of PROJECT 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. Ifat any time the costs exceed
the deposit or are anticipated by CITY to exceed the deposit with CITY, DEVELOPER shall pay
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such additional amount(s), as deemed reasonably necessary by CITY to complete inspection of
PROJECT, within thirty (30) days after receipt of billing from CITY.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
maintenance of PROJECT. DEVELOPER shall furnish DISTRICT and CITY with sufficient
evidence of DEVELOPER having secured such necessary licenses, agreements, permits, and
rights of entry, as determined and approved by 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 of the final maps for Tract Map No. 37 400 or
any phase thereof, whichever occurs first.
6. Prior to commencing construction, fumish DISTRICT and CITY with copies
of all permits, approvals or agreements required by any Federal, State or local resource and./or
regulatory agency for the construction, operation and maintenance ofPROJECT. Such documents
include but are not limited to those issued by the U.S. Army Corps of Engineers, California
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 PERMTTS').
7. Provide CITY, at the time of providing written notice to DISTRICT
(Attention: Contract Services Section) and CITY ofthe start ofconstruction as set forth in Section
I.8, or not less than twenty (20) days prior to recordation of the final maps for Tract Map No.
37400 or any phase thereof, whichever occurs first, with faithful performance and payment bonds,
each in the amount of one hundred percent (100%) of the estimated cost for construction of
DISTRICT FACILITIES and APPURTENANCES as determined by DISTNCT and CITY,
respectively. The surety, amount and form of the bonds shall be subject to the approval of
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DISTRICT and CITY. The bonds shall remain in full force and effect until DISTRICT
FACILITIES and APPURTENANCES are accepted by DISTRICT and CITY respecrively as
complete; at which time the bond amount may be reduced to ten percent (10%) for a period of
one year to guarantee against any defective work, labor or materials.
8. Notifu DISTRICT (Attention: Contract Services Section) and CITy in
writing at least twenry (20) days prior to thc start of construction of PROJECT. Construction
shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and
CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOpER to
commence construction of PROJECT.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER s property where necessary and convenient for the purpose ofgaining
access to and performing inspection service for the construction ofPROJECT as set forth herein.
10. Ifapplicable, obtain and provide DISTRICT (Attention: Plan Check Services
Section), 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 the recordation
of the final maps for Tract Map No. 37400, with duly executed Irrevocable Offers(s) of Dedication
to the public for flood control and drainage purposes, including ingress and egress, for the rights
of way deemed necessary by DISTRICT for fie 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).
11" If applicable, fumish DISTRICT (Attention: Plan Check Services Section),
when submitting the Irevocable Offer(s) of Dedication as set forth in Section L 10, with
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Preliminary Reports on Title dated not more than thirty (30) days prior to date of submission ol
all the property described in the Irrevocable Offer(s) ofDedication.
12. Furnish DISTRICT (Attention: Contract Services Section) and CITY, at the
time of providing wdtten notice to DISTRICT and CITY of the start of construction as set forth
in Section L8, with a complete list ofall contractors and subcontractors to be performing work on
PROJECT, including the corresponding license number and license classification of each. At
such time, DEVELOPER shall further identiff in writing its designated superintendent for
PROJECT construction.
13. Fumish DISTRICT (Attention: Contract Services Section) and CITY, at the
time of providing w tten notice to DISTRICT and CITY of the start of construction as set forth
in Section L8, a construction schedule which shall show the order and dates in which
DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work for
PROJECT, including estimated construction 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 of construction on any
portion of PROJECT.
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 conhned space and maintain a safe working environment for
DEVELOPER, DISTRICT and CITY employees on the site.
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17. Fumish DISTRICT (Attention: Contract Services Section) and CITY, at the
time of providing written nolice to DISTRICT and CITY of the start of construction as set forth
in Section I.8, 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
Confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by
DISTRICT and CITY prior to the issuance of a Notice to Proceed, which shall be given by
DISTRICT to DEVELOPER upon DISTRICT's and CITY's authorization to proceed, as provided
in Section I.8.
18. DEVELOPER shall not commence operations until DISTRICT and CITY
have been fumished with original certificate(s) of insurance and original certified copies of
endorsements and ifrequested, certified original policies ofinsurance including all endorsements
and any and all other attachments. Prior to DISTRICT issuing a Notice to Proceed to
DEVELOPER and/or DEVELOPER's construction contracto(s) to begin construction of
PROJECT, an original certificate of insurance evidencing the required insurance coverage shall
be provided to DISTRICT (Attention: Contract Services Section) and CITY. At minimum, the
procured insurance coverages should adhere to DISTRICTTs and CITYTs 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 lor ownership, operation and maintenance of DISTRICT FACILITIES or
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APPURTENANCES due, either in whole or in part, to DEVELOPER's said breach of this
Agreement.
19. Construct or cause to be constructed, PROJECT, including the REALIGNED
SEGMENT, parallel with the existing rights-of-way, at DEVELOPER's sole cost and expense in
accordance with DISTRICT and CITY approved IMPROVEMENT PLANS and all terms of this
Agreement.
20. Within two (2) weeks of completing PROJECT construction, provide
DISTRICT (Attention: Construction Management Section) and CITY with written notice that
PROJECT construction is substantially complete and requesting that DISTRICT conduct a final
inspection of DISTRICT FACILITIES and CITY conduct a final inspection of PROJECT.
21. If right of way conveyance to DISTRICT is required, upon completion of
PROJECT construction, and upon acceptance by CITY ofall rights olway deemed necessary by
DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey, or
cause to be conveyed to DISTRICT the flood control easement(s) and/or grant deeds, including
ingress and egress, 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 of the conveyance document(s) as set forth in
Section I.21, fumish DISTRICT (Attention: Plan Check Services Section) with policies of title
insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value,
as determined by DISTRICT, for each easement parcel to be conveyed to DISTRICT, or (ii) one
hundred percent (100%) 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
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umecorded), and except those which, in the sole discretion of DISTRICT, are acceptable.
23. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT, and all liability whatsoever associated with such ownership, operation and
maintenance of PROJECT until such time as (i) DISTRICT FACILITIES are formally accepted
by DISTRICT for ownership, operation and maintenance, and (ii) APPURTENANCES are
formally accepted by CITY for ownership, operation and maintenance.
24. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees of all Parties, including
reasonable attomeys'fees of all Parties, and acknowledge that, upon entry ofjudgment, all such
Parties' costs, expenses and fees shall be computed as costs and included in any judgment
rendered.
25. Upon completion of PROJECT construction, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, and CITY
acceptance of APPURTENANCES for ownership, operation and maintenance, provide or cause
its civil engineer of record or construction civil engineer 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 no1 limited to all applicable provisions of the Labor Code, Business
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and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTRICT shall:
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 on the property in the Official Records ofthe Riverside County Recorder.
4. If applicable, DISTRICT shall request CITY review any requested
Inevocable Offer(s) of Dedication in connection with the PROJECT and accept any such
Irrevoiable Offers of Dedication on behalf of DISTRICT. In tie same action, CITY shall
immediately convey the property interest(s) associated with the requested Irrevocable Offer(s) of
Dedication to DISTRICT via quitclaim or other similar conveyance document, which shall be
prepared by DISTRICT. DISTRICT shall be deemed to have accepted the property interest(s)
associated with the requested Irrevocable Offer(s) of Dedication upon the recordation of the
conveyance document. If applicable, shall then record or cause to be recorded, the Irrevocable
Offer(s) of Dedication pursuant to Section I.10. Neither this section nor Section I.l0 restricls
CITY's ability to require any other lawful Irrevocable Offer(s) of Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES.
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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.
7. Keep an accurate accounting ofall DISTRICT construction inspection costs,
and within forty-five (45) days after DISTRICT acceptance of DISTNCT FACILITIES as being
complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section
I.3, exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty
(60) days after DISTRICT acceptance ofDISTRICT FACILITIES as being complete.
8. Prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a
satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the
inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES or PROJECT are
not in an acceptable condition, corrections shall be made at sole expense ofDEVELOPER.
9. Accept ownership and sole responsibility for the operation and maintenance
of DISTRICT FACILITIES from DEVELOPER upon (i) DISTRICT inspection of DISTRICT
FACILITIES in accordance with Section I.20, (ii) DISTRICT acceptance of DISTRICT
FACILITIES construction as being complete in accordance with DISTRICT and CITY approved
IMPROVEMENT PLANS, (iii) DISTRICT receipt of stamped and signed RECORD
DRAWINGS of PROJECT plans, as set forth in Section I.26, (iv) DISTRICT acceptance of all
rights of way as deemed necessary by DISTRICT and CITY for the ownership, operation, and
maintenance of DISTRICT FACILITIES and APPURTENANCES, (v) DISTRICT receipt of the
related policies of title insurance, as set forth in Section I.22, (vi) CITY acceptance of
APPURTENANCES for ownership, operation, and maintenance, and (vii) DISTRICT's sole
determination that DISTRICT FACILITIES are in a satisfactorily maintained condition. lf,
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subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES
are not in an acceptable condition, corections shall be made at sole expense of DEVELOPER.
10. Provide CITY with a reproducible duplicate copy of the RECORD
DRAWINGS of PROJECT plans within ten (10) days of receipt.
11. In the event CITY wishes to utilize DISTNCT's construction inspection,
materials testing and construction survey services, and CITY provides DISTRICT with a wfitten
request for such services under Section 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:
1. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment
bonds submitted by DEVELOPER as set forth in Section 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: Construclion Management
Section) for such services pursuant to Section II.l I , above.
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4. Upon request by DISTRICT, CITY shall review any requested Irrevocable
Offer(s) of Dedication in connection with the PROJECT and accept any such Irrevocable Offers
of Dedication on behalf of DISTRICT. In the same action, CITY shall immediately convey the
property interest(s) associated with the requested Irrevocable Offer(s) olDedication to DISTRICT
via quitclaim or other similar conveyance document, which shall be prepared by DISTRICT.
DISTRICT shall be deemed to have accepted the property interest(s) associated with the requested
Irrevocable Offer(s) of Dedication upon the recordation of the conveyance document.
5. Grant DISTRICT, by execution of this Agreement, the right to inspect,
operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT
(including its employees, supervisors, agents, contractors, and anyone else operating under their
direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact
the public health and safety.
6. Accept ownership and sole responsibility for the operation and maintenance
of APPURTENANCES upon (i) DISTRICT acceptance of DISTRICT FACILITIES for
ownership, operation and maintenance, (ii) CITY inspection of PROJECT in accordance with
Section I.20, (iii) CITY and DISTRICT acceptance of PROJECT construction as being complete
in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS, (iv) CITY receipt
of signed reproducible duplicate copy of RECORD DRAWINGS of PROJECT plans, as set forth
in Section II.l0, (v) CITY acceptance ofall rights ofway as deemed necessary by DISTRICT and
CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES and
APPURTENANCES, and the (vi) 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
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obligations regarding APPURTENANCES shall be the sole responsibility of DEVELOPER.
7. Release occupancy permits in accordance with the approved conditions of
approval.
8. Notwithstanding any of the foregoing, prior to accepting ownership of
APPURTENANCES, PROJECT shall be in a satisfactorily maintained condition as solely
determined by CITY. If, subsequent to the inspection and, in the sole discretion of CITY,
APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense
ofDEVELOPER.
9. Upon DISTzuCT 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:
I . 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,
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DISTRICT and CITY personnel shall meet and confer, and agree to all communications conveyed
to DEVELOPER. If DISTRICT and CITY should disagree as to the content of any particular
communication, DISTRICT personneI agree to communicate CITY comments to DEVELOPER
in addition to DISTRICT comments.
3. DEVELOPER shall complete construction of PROJECT within twelve (12)
consecutive months after execution of this Agreement and within one hundred twenty (120)
consecutive calendar days after commencing work on PROJECT. It is expressly understood that
since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within
the agreed upon time shall constitute authority for 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 lor DISTRICT costs incurred from the proceeds
ofany funds received from DEVELOPER's surety, to the extent any are received.
4. If DEVELOPER fails to commence construction of PROJECT within nine
(9) months after execution of this Agreement, then DISTRICT and CITY reserve the right to
withhold issuance ofthe Notice to Proceed pending a review ofthe existing site conditions as they
exist at the time DEVELOPER provides written notification to DISTRICT and CITY of the start
of construction as set forth in Section L8. In the event of a change in the existing site conditions
that materially affects PROJECT function or DISTRICT's ability to operate and maintain
DISTRICT FACILITIES or CITY's ability to operate and maintain APPURTENANCES,
DISTRICT or CITY may require DEVELOPER to modif! IMPROVEMENT PLANS as deemed
necessary by DISTRICT or CITY. Under no circumstances shall either DISTRICT or CITY be
allowed to modify IMPROVEMENT PLANS without the consent of the other.
5. DISTRICT and CITY shall endeavor to issue DEVELOPER a Notice to
Proceed within twenty (20) days of receipt of DEVELOPER's complete written notice, as set forth
- l8 -
242290
in Section I.8; however, DISTRICT's and CITY's construction inspection staff is limited and,
therefore, the issuance ofa Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of the Nolice(s) to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
DEVELOPER's sole cost and expense. DEVELOPER shall fumish appropriate documentation
of the individual's credentials and experience to DISTRICT 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 by DISTRICT and CITY, said individual, hereinafter called 'DEPUTY INSPECTOR',
shall be authorized to act on DISTRICT's and CITYTs behalf on all PROJECT construction and
quality control matters. If DEVELOPER's initial construction inspection deposit fumished
pursuant to Section I.3. exceeds Ten Thousand Dollars ($t0,000), DISTRICT shall refund to
DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within
forty-five (45) days of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum
balance ofTen Thousand Dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour work
week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal holidays,
unless otherwise approved in writing by DISTNCT and CITY. If DEVELOPER feels it is
necessary to work more than the normal forty (40) hour work week or on holidays, DEVELOPER
shall make a written request for permission to DISTRICT and CITY to work the additional hours.
The request shall be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to
the requested additional work hours and state the reasons for the overtime and the specific time
frames required. The decision of granting permission for overtime work shall be made by
DISTRICT and CITY, whose respective decisions can be given in at their sole discretion and shall
-19-
242290
be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the
cosl incurred at the overtime rates for additional inspection time required in connection with the
overtime work in accordance with Ordinance Nos. 671 and 749, including any amendments
thereto, ofthe County ofRiverside, 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.1l
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
COLINTY OF RIVERSIDE. DEVELOPER shall indemnifu 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 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) prope(y damage; (b) bodily injury or death; (c) liability
or damage pursuant to Article I, Section l9 of the California
Constitution, the Fifth Amendment of the United States Constitution or
-20 -
242290
any other law, ordinance or regulation caused by the diversion ofwaters
from the natural drainage paltems or the discharge of drainage within
or from PROJECT; or (d) any other element of any kind or nature
whatsoever arising from the performance of DEVELOPER, its officers,
employees, contractors, subcontractors, agents or representatives
('INDEMNITORS") from this Agreement.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including but not limited to attomey 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 of their own choice and shall have the right to adjust,
settle, compromise any such claim, proceeding or action without the
prior consent of DISTRICT and the County of Riverside; provided,
however, that any such adjustment, settlement or compromise in no
manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to 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 of Riverside from any
liability for the claim, proceeding or action involved.
-21 -
lt.
11
242290
DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnifu and hold harmless CITY, including its goveming bodies,
agencies, districts, councilmembers, special districts and departments,
their respective directors, officers, elected and appointed officials,
employees, agents and representatives, (individually and collectively
'CITY INDEMNITEES') from any liability, claim, damage,
proceeding or action, present or future, based upon, arising out ofor in
any way relating to this Agreement, or DEVELOPER's (including its
officers, employees, subcontractors, agents or representatives) actual
or alleged acts or omissions related to this Agreement, DEVELOPER's
performance under this Agreement, or DEVELOPER's failure to
comply with the requirements of this Agreement, including, but not
limited to: (a) property damage; (b) bodily injury or death; (c) liability
or damage pursuant to Article I, Section 19 of the Califomia
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 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 satisfaclory to CITY in any claim proceeding or
action for which indemnification is required. If DEVELOPER fails to
l\'.
242290
meet its indemnification obligation, CITY shall have the righr, but not
the obligation, to do so with counsel of their own choosing, with no
right ofapproval by DEVELOPER and, ifit does, DEVELOPER shall
promptly pay CITY's full cost thereof, with payments made at leasl on
a monthly basis.
DEVELOPER's indemnification obligations as to CITY
INDEMNITEES shall be satisfied when DEVELOPER has provided to
CITY a form of dismissal regarding any liability for the claim,
proceeding or action involved, and CITY determines that the form of
dismissal is adequate in their sole and absolute discretion.
Notwithstanding the foregoing, DEVELOPER shall enter into no
settlement agreement or final resolution of any pending claim covered
under this subsection, without CITY's prior written approval.
Should DISTRICT and CITY fail to agree with the implementation of
this section, or ifa pending claim pertains to only one ofthe two Parties,
DEVELOPER shall be required to comply with this section as to
DISTNCT 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/or CITY
INDEMNITEES from third parfy claims.
In the event there is conflict between this section and Califomia Civil
Code Section 2782, this section shall be interpreted to comply with
California Civil Code Scction 2782. Such interpretation shall not
- z) -
242290
relieve DEVELOPER from indemnifying DISTRICT INDEMNITEES
or CITY INDEMNITEES to the fullest extent allowed by law.
8. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT, the County of Riverside and CITY (including their agencies, districts, special 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 liabilily, known or unknown, present or future, including but
not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law
or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused
by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute
a release by DEVELOPER of DISTRICT, orthe County ofRiverside, or their officers, agents and
employees from any and all claims, demands, actions or suits of any kind arising out of any
liability, known or unknown, present or future, for the negligent maintenance of DISTRICT
FACILITIES, after the acceptance of ownership, operation and maintenance of DISTRICT
FACILITIES by DISTRICT,
9. Any waiver by any Party of any breach ofany one or more ofthe terms of
this Agreement shall not be construed to be a waiver of any subsequent or other breach of the
salne or of any other term hereof. Failure on the part of any Party 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 any Party from enforcement 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
'\n
21229t)
be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect
without being impaired or invalidated in any way.
I 1 . Any and all notices sent or required to be sent to the Parties ofthis Agreement
will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section
To CITY:CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Daniel Padilla
City Engineer, Land Development Section
To DEVELOPER: D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.
2280 Wardlow Circle, Suite 100
Corona, CA 92880
Attn: Dean Pernicone
12. Any action at law or in equity brought by any of the Parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competentjurisdiction in the County ofRiverside, State of Califomia, and the Parties hereto waive
all provisions of law providing for a change ofvenue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the Parties hereto, and
the advice and assistance of their respective counsel, as such the authorship of this Agreement
shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not
be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
Likewise, any uncertainty or ambiguity in this Agreement shall not be construed against CITY
because CITY participated in the preparation ofthis Agreement.
14. The rights, obligations, and releases (including the indemnification
obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and
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242290
assignees.
15. DEVELOPER shall not assign or otherwise transfer any of its rights, duties
or obligations hereunder to any person or entity without the written consent of the other Parties
hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER
expressly understands and agrees that it shall remain liable with respect to any and all of the
obligations and duties contained in this Agreement.
16. The individual(s) executing this Agreement on behalf of DEVELOPER
hereby certifi that they have the authority within their company to enter into and execute this
Agreement, and have been authorized to do so by any and all boards of directors, legal counsel,
and/or any other board, committee or other entity within their company which have the authority
to authorize or deny entering this Agreement.
17. This Agreement is intended by the Parties hereto as a final expression oltheir
understanding with respect to the subject matters hereofand as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral or written, in connection therewith. This Agreement may be
changed or modified only upon the written consent of the Parties hereto.
19. This Agreement may be executed in one or more counterparts, each ofwhich
shall be deemed an original, but all of which taken together shall constitute one and the same
instrument.
-26 -
IN WITNESS WHEREOF, the Parties lrereto have executed this Agreement on
slfiluLL
(to bc filled in by Clcrk ofthe Board)
212290
RTVERSIDE COUNTY FLOOD CONTITOL
AND WATER CONSEIIVATION DISTTIICTRECOMMENDED FOR APPROVAL:
Ry
N E. UIIT,E
Manager-Chief Engineer
APPROVED AS TO FORM:
County Counsel
Bv l(on-n-J. -go;.4"/-
rhngN SPIEGIIL, cha'ir o
-
Riverside County Flood Control and Watcr
Conservation District Board of Supervisors
ATTEST:
KECIA HARPER
Clerk of the Board
By *t Azt- Itl aqf)rrn --,--By
SARAII K. M ORE Dewv
Deputy County Counsel
(SEAL)
[SIGNED IN COUNTERPART]
Cooperative Agreement City olMenifee and D.R. Horton
Los Angeles Holding Company, Inc.:
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
AMR:blnr
02110122
0 /
-27 -
242290
RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By .DJ fu^u By
DANIEL PADILLA
City Engineer
ARMANDO G.
City Manager
L
ATTEST:
By By
. MELCHING
City Attorney Citv Clerk
Cooperative Agreement w/City of Menifee and D.R. Horton
Los Angeles Holding Company, Inc.:
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
AMR:blm
02/10122
J MANWARING
-28 -
APPROVED AS TO FORM:
(SEAL)
242290
D.R HORTON LOS ANGELES HOLDING
COMPANY, INC.,
a Califomia corporation
Itnyrtta,qBy:
BARBARA M. SCUt,I-
Division President
RY
Auth
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
S
Cooperative Agreement w/City of Menifee and D.R. Horton
Los Angeles Holding Company, lnc.:
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
AMR:blm
02/t0D2
-29 -
Gallfornla All-Purpose Gertlfl cate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity ofthe individualwho signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State of California
County of Riverside s.s
On Februa 15 2022 before me,Angelyn Hale, Notary Public
personally appeared Barbara IVI Scull & Jennifer L 'Learv
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 authonzed capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and conect.fi or.ry Plbr( - C.riorn,.
Comntrro. . 22129t6My(mr ErE6 &B m:2
t'fr
ESS v and an officn seal
)4
OPTIONAL INFORMATION
Descri on ched Document
The preceding Certi Acknowledgment is attached to a Melhod of Signer ldentification
Proved to me on the basis ot satisfaclory evidence:
, form(s) oI identifcation credible wtne3s(es)
Notarial event is detailed in nolaryjoumalon:
Page #_ Entry #_
document tilled/for the purpose
conlaining _ pages, and dated
lndividual(s)
Attorney-in-fact
Corporale oflice(s)
Notarycontaci:
Sisner Sisne(s)Thumbprinls(s)
I Guardian/Conservator
Partner - Limiled/General
Trustee(s)
. olheri
Additional lnformation
representing
The signe(s) capacity or authority is/are as:
@
LEGAL DESCRIPTION
Real property in the cily of Menifee, county of Riverside, state o, calilornia, described as lollows:
PARCEL ONE: (APNS: 331-080-005 AND 331-080-006)
LOT 1238 OF ROMOLA FARMS NO. 12, IN THE COUNTY OF BIVERSIDE, STATE OF CALIFORNIA. AS
SHOWN BY THE MAP RECORDED IN BOOK 15 OF MAPS, PAGES 77 AND 78, RIVERSIDE COUNTY
RECOBDS AND THAT PORTION OF LOT 1237 OF SAID MAP WHICH LIES SOUTHERLY OF THE WESTERLY
PROLONGATION OF THE NORTH LINE OF LOT 1238, TOGETHER WITH THAT PORTION OF LOT'P'OF
SAID T/AP WHICH LIES SOUTHERLY OF THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
SAID LOT 1238 AND LIES NORTHEBLY OF THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF SAID LOT 1238.
PARCEL TWO: (APNS: 331-080-007 AND 331-O8O-009 AND 331-080-01o AND 331-oBO-Ot I AND 331-o8o-012-8)
LOTS 1240, 1241,1247,1248 AND 1249OF ROMOLA FARMS NO. 12, IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN BY THE MAP RECORDED IN BOOK 15 OF MAPS PAGES 77 AND 78,
RIVERSIDE COUNTY RECORDS.
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER AS RESERVED BY TEMESCAL WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIL 23, 1928 IN BOOK 760. PAGE 221
OF DEEDS.
PARCEL THREE: (APNS: 331-080-024 AND 331-o8o-025 AND 331-o8o-027 AND 33i -o8o-028)
PARCELS 1,2,3 AND 4 AND LETTEBED LOTS C, D AND E OF PARCEL MAP NO. 15194, IN THE COUNTY
OF RIVERSIOE, STATE OF CALIFORNIA, AS SHOWN BY THE MAP ON FILE IN BOOK 86 OF PARCEL
MAPS, PAGE 2, RECORDS OF RIVERSIDE COUNTY.
Exhibit A
COOPERAT IVE A REEMENT
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
Page I of2
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATEH AS RESERVED BY TEMESCAL WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIL 23, 1928 IN BOOK 760, PAGE 221
OF DEEDS.
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER AS RESERVED BY TEMESCAL WATER
COMPANY, A COBPORATION IN THE DOCUMENT RECORDED APRIL 23, 1928 IN BOOK 760, PAGE 221OF DEEDS,
C
Exhibit A
OPE IVE GREE ENT
Romoland MDP Line A-9, Stage I
Projecr No. 4-0-00321
Tract Map No. 37400
Page 2 of 2
PARCEL FOUR: (APNS: 331 -080-018 AND 331 -O8O-019 AND 331-O8O-O2O AND 331-080-O2t )
PARCELS 1,2,3,4, A, B, C AND D OF PARCEL MAP 13723, IN THE COUNTYOF RIVERSIDE, STATE OFCALIFORNIA, AS PER MAP FILED IN BOOK 65 PAGES 33 AND 34 OF PARCEL MAPS, IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL WATEB OR INTREST IN WATER AS RESERVED BY TEMESCAL WATERCOMPANY, A CORPORATION IN THE DOCUMENT RECORDED APBIL 23, 1928 IN BOOK 760, PAGE 221OF DEEDS,
PARCEL FIVE: (APN: 331-080-008)
LOT 1239 OF BOMOLA FABMS NO. 12, IN THE COUNTY OF RIVEBSIDE, STATE OF CALIFORNIA, AS PERMAP BECORDED IN BOOK 15, PAGES 77-78 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFOBNIA
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER AS RESERVED BY TEMESCAL WATERCOMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIL 23, 1928 IN BOOK 760. PAGE 221OF DEEDS.
ALSO EXCEPTING FROM PARCELS ONE THROUGH FIVE, ANY AND ALL (I) OIL RIGHTS, (II) MINERALRIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROdARBONS BY WiATSOEVERNAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BEPRODUCED FROM THE PROPERry, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)ALL PRODUCTS DEHIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE
RESOUBCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OFRIVEBSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO ANDINCOHPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVENOT BEEN PREVIOUSLY RESERVED AS CONVEYED TO DRH ENERGY, INC., A COLORADOCORPORATION BY DEED RECORDED MARCH 08, 2021 AS INSTRUIVIENT NO, 2021-0148702 O F OFFICIALRECORDS.
ALSO EXCEPTING FROM PARCELS ONE THROUGH FIVE, THE PERPETUAL RIGHT TO DBILL, MINE,EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACERESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TOWHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY,WELLS, TUNNELS AND SHAFTS INTO, THHOUGH OR ACROSS THE SUBSURFACE OF THE PHOPEBTY,AND TO BOTTOM SUCH WHIPSTOCKED OH DIRECTIONALLY DRILLED WELLS, TUNNELS NruO SUATTSWITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL NETUI.INEI, TOUIP,MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WIigOUi TUT NIOHTTO DFILL, MINE, EXPLORE, OPERATE, PRODUCE, STOBE OR REMOVE Nr.iY Or rgi SUESUNTNCCRESOURCES THRoucH oR lN THE suRFAcE oF THE pRopERTy oR THE uppen FrvE TiuNDRED (5oo)
FEET OF THE SUBSURFACE OF THE PROPERTY AS CONVEYED TO DRH ENERGY, INC,, A COLORADOcoRPoRATloN BY DEED RECoRDED MARCH 08, 2021 AS TNSTRUMENT No. 2oz1-:oliliozoF oFFtclALRECORDS.
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CooDerative Aqreement
Romoland MDP Line A-9, Stage 1
Project No. 4-0-00321
Tract [,lap No. 37400
Page 1 of 1
TRACT 374OO
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DISTRI CT's and CITY's Reouired lnsurance are as follorvs:
Without limiting or diminishing DEVELOPER's obligation to indemnifo 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 lo the insurance section only, the DISTRICT herein refers to the Riverside
County Flood Control and water Conservation District, the County of fuverside, its Agencies,
Districts. Special Districts, and Departments, their respective directors, officers, Board of
Supervisors. employees, elected or appointed officials, agents or representatives as Additional
Insureds.
A. Workers' Como sation:
lf DEVELOPER has employees as defined by the State of Catifomia,
DEVELOPER shall maintain statutory Workers' Compensation lnsurance
(Coverage A) as prescribed by the laws of the State of Califomia. poticy shalt
include Employers' Liability (Coverage B) including Occupational Disease with
limits not less than $ 1,000,000 per person per accident. Policy shall be endorsed
to waive subrogation in favor of the Riverside County Flood Control and Water
Conservation District, the County of Riverside, and CITy.B. Commercial Ceneral Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, unmodified contractual liability, products and oompleted
operations liability, personal and advertising injury and cross liability coverage,
covering claims which may arise from or out of DEVELOpER,s perfomrance of
its obligations hereunder. Additionally, Commercial Generat 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
tiability shall not be less than $5,000,000 per occurrence combined single lirnit.
If such insurance contains a general aggregate limit, it shall apply separately to
this Agreernent or be no less than two (2) times the occurrence limit. DISTRICT
and CITY must be an additional insured for liability arising out of ongoing and
complctcd opcrations by or on beharf of DEVELOPER. DISTRICT and CITy
shall continue to be an additionar insured for complcted operations for two years
aflter completion of the work. If DEVELOPER maintains highcr limits than thc
spccified minimum limits, DISTRICT and CITy require and shall be entitled to
coveragc for the highcr limits maintained bv DEVELOpER
Exhibit C
COOPERATIVE AGREEMENT
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
Page I of5
Exhibit C
ooP TIV R T
Romoland MDP Line A-9, Stage I
Project No. 4-0-00321
Tract Map No. 37400
Page 2 of5
C. Vehi e Liabiti
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then DEVELOPER shall maintain liabitity insurance for
all owned, non-owned or hired vehicles so used in an amount not less than
$1.000,000 per occurrence combined singte limit. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be no less
than two (2) times the occurrence limit. Policy shall name DISTRICT and CITy
and its agencies, districts, special districts and departments, their respective
directors, officers, Board of Superwisors, employees, elected or appointed
officials, agents or representatives as additional insureds.
Professional Liabilitv:
DEVELOPER shall cause any architect or engineer retained by DEVELOpER in
connection with the performance of DEVELOpER,s obligations under this
Agreement to maintain Professional Liability Insurance providing coverage for
the performance ol their work included within this Agreement, with a timit of
liability of not less than $2,000,000 per occurrence and g4,000,000 annual
aggregate. DEVELOPER shall require that, if such professional Liability
Insurance is written on a claims made basis rather than an occurrence basis, such
insurance shall continue through the term of this Agreement and that such
architect or engineer shall purchase at such architect or engineer's sole expense
either l) an Extended Reporting Endorsement (also known as Tail Coverage); or
2) Prior Dates Coverage frorn 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 sante or original insurer. Coverage provided under
items: 1), 2) or 3) shall continue for the term specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITy.E. Pollution and Asbestos Liabilitv
DEVELoPER or its construction contractor(s) shau obtain, at its sore expense
and keep in effect during the tenn ofthe contract, pollution Legal Liability and/or
Asbestos Legal Liability and./or Errors and omissions (if project invorves
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) whilcperforming their operations under the contract. Thc insurance coverage shall
apply to sudden and accidental pollution cvents. Any coverage restriction as totimc limit for di scov ofa llution in idcnt and./or a time limit for noticc to
D.
F
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 occunence or claim, and $2,000,000 policy
aggregate. The policy shall be endorsed to state that the general aggregate limitof liability shall apply separately to this contract. Any self-insured
retention/deductible amounr shall be submitted ro the DISTRICT and CITy for
review and approval. lf DEVELOPER or its construction contractor(s) maintains
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 availabte to the DISTRICT and ClTy.
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 construcrion
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
DISTRICT, CITY, and DEVELOPER.
DEVELOPER or its construction contractor(s) shall not be required to perfomr
without consent an
General lnsurance
ywo
Prov
rk relating to asbestos or polychlorinated biphenyl (pCB)
isions - All Lines:
Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State ol Catifomia and have an A.M. BEST rating of not
less than an A: VIII (A: 8) unless such rcquirements are waived, in writing,by the DISTRICT Risk Manager and CITy. If the DISTRICT,s Risk
Manager and CITY waive a requirement for a particular insurer such waiver
is only valid for that specific insurer and only for one policy term.
Exhibit C
COOPERATIVE AGREEMENT
Romoland MDP Line A-9, Stage I
Project No_ 4-0-00321
Tract Map No. 37400
Page 3 of5
ll.DEVELOPER must declare its insurance self-insured retention lor 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 l) a properly
executed original certificate(s) of insurance and certified original copies of
endorsements effecting coverage as required herein; and 2) if requested to
do so orally or in writing by CITY or the 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
nrodification, cancellation, expiration or reduction in coverage of such
insurance. If DEVELOPER insurance carrier(s) policies does not r11eet the
minimum notice requirement found herein, DEVELOpER shall cause
DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of
Cancellation Endorsement.
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 endorsenrents or
certified original policies, including all endorsements and attachments
thereto, evidencing coverages set forth herein and thc insurance required
hercin is in full forcc and effcct. An individual authorized by the insurancc
carricr to do so on its behalfshall sign the original endorsements lor cachpolicy and thc certificate of insurance.
It is understood and agrced by the pa(ies hereto that DEVELOpER,s
l
tv.
c shall bc construed as riinsuran lnsurancc and DISTRI T's and
F]E
Romoland MDP Line A-9, Stage I
Project No.4-0-00321
Tract Map No. 37400
Page 4 of 5
Exhibit C
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 of services or there is a material change in the
equipment to be used in the performance of the scope of work which will
add additional exposures (such as the use of aircraft, watercraft, cranes,
etc.)l 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 ClTy.
ix. DEVELOPER agrees to notiry DISTRICT and ClTy 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'
Cornpensation policy shall be endorsed with a waiver of subrogation in favor of the County of
Riverside, CITY, and the Riverside County Flood ControI 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 starl of work date, the DEVELOPER must
purchase extended reporting period coverage for a minimum offive (5) years after complction of
contract work.
COOPERATIVE AGREEMENT
Romoland MDP Line A-9, Stagc I
Prqect No. 4-0-00321
Tract Map No. 37400
Page 5 of5
Exhibit C
EXHIBIT D
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Romoland MDP Line A"9, Stage 1
Projecl No. 4-0-00321
Tract Map No. 37400
Page 1 ol 1
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JASON E. UHLEY
General Manager-Chief Engineer
Enclosures
ec: o enclosures
Ruddy Argueta
Darren James
LHM:blm
P8t243925
I995 MARKET STREET
RIVERSIDE. CA 9250I
95 I .955.1200
FAX 95 t.788.9965
www.rcflood.org
RIVERSIDE COLTNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
May 25,2022
Mr. Daniel Padilla
City of Menifee
29844 Haun Road
Menifee, CA 92586
Dear Mr. Padilla:Re Cooperative Agreement
Romoland MDP Lines A-9
and A-10, Slage I
Romoland MDP LineA-8, Stage 2
Tract Map No. 37400
Project Nos. 4-0-00321, 4-0-00197
and 4-0-00438
Enclosed herewith for your files is a fully executed original copies ofthe above-referenced Agreements
executed by our Board of Supervisors on May 10,2022.
Please call Erick Hernandez at 951.955.2558 or me at 951.955.1282 ifyou have any questions pertaining
to the Agreements. Thank you for your assistance.
Very truly yours,
ROHINI MUSTAFA
Engineering Project Manager
U^:9-