14-352
COOPERATIVE AGREEMENT BY AND BETWEEN
THE COUNTY OF RIVERSIDE
AND THE CITY OF MENIFEE
RELATING TO IMPLEMENTATION OF THE
HOMELAND/ROMOLAND AREA DRAINAGE PLAN
This Agreement is entered this 8th day of January, 2014, by and between the County of
Riverside, (hereinafter “County”) and the City of Menifee (hereinafter “City”), for
provision of certain activities related to assessment, collection and use of area drainage
plan (“ADP”) fees relating to implementation of the Homeland/Romoland Area Drainage
Plan (“HRADP”) established by the County of Riverside by Resolution No. 88-108 on
April 12, 1988.
RECITALS
A. Section 10.25 of Ordinance 460.144, as adopted by the County of Riverside on
April 4, 2006 established a comprehensive listing of ADPs throughout the County
of Riverside for the purpose of identifying specific needs for drainage facilities,
estimating the cost of such facilities in each ADP and the specific benefit to be
derived, as well as the cost for such facilities on an integrated and
comprehensive County-wide basis, specifying the location of such facilities and
providing for the funding of such facilities by ADP fees.
B. Section 10.25 (B) of Ordinance 460.144 provides that whenever land is proposed
to be divided within the area of an ADP, a drainage fee in the amount required by
the plan for the ADP as adopted by the County Board of Supervisors shall be
required as a condition of approval.
C. Section 10.25(E) of Ordinance 460.144 provides that such fees are to be
collected by the County and paid to the Riverside County Flood Control and
Water Conservation District at the time of issuance of grading permits or building
permits if no grading permit is required.
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D. The City of Menifee was incorporated effective October 1, 2008 and enacted
Ordinance 2008-1 which adopted all ordinances and resolutions of the County of
Riverside then in effect as required by law, including without limitation, Ordinance
460 including the provisions of Ordinance 460.144 relating to ADPs and
Resolution 2006-001 setting fees for drainage facilities, including without
limitation project known as Line A Sub-Watershed (“Line A”) which is located in
the Homeland/Romoland Area Drainage Plan (“HRADP”) within the City of
Menifee.
E. By adoption of Ordinance 460.144 and Resolution 2006-001 the City of Menifee
legally assumed the role of the County with regard to imposition, adjustment,
implementation, collection and disbursement of the ADP fees for the HRADP, a
major portion of which is located within the City boundaries.
F. The City of Menifee is unable to perform the role of the County with regard to
HRADP because it does not have jurisdiction over all parties to the HRADP nor
does it control decisions affecting other ADPs within the overall County plan and
the City cannot, therefore, reasonably set appropriate fees to assure the
completion of the entire overall drainage plan or to compel other jurisdictions
within the HRADP to pay any fees that may be imposed.
G. Only the County has legal jurisdiction to impose, adjust, implement, collect and
disburse fees over unincorporated areas included within the HRADP and to plan
for the inter-relationship among all ADPs within the County in a comprehensive
manner.
H. In order to assure that the County-wide drainage plan is properly implemented
within the HRADP and County-wide, it is necessary and appropriate for the
County of Riverside to continue to impose, adjust, implement, collect and
disburse fees for all ADPs included in the overall plan including the HRADP.
I. The County of Riverside and the City of Menifee therefore wish to establish a
system that properly delegates authority for the imposition, adjustment,
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implementation, collection and disbursement of ADP fees for the benefit of the
health, safety and general welfare of the community at large including without
limitation the County of Riverside and the City of Menifee.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
I. General.
A. Recitals. All Recitals set out above are true and correct.
B. Purpose. The purpose of this Agreement is to assure the efficient and
comprehensive area drainage plan for the County of Riverside is properly
funded and implemented in a manner that protects and serves the health,
safety and general welfare of all residents of the City of Menifee and the
County of Riverside.
C. Understanding. This Agreement is entered into by the City and the County with
the understanding that each will cooperate fully within their respective
jurisdictions to assure the proper imposition, adjustment, implementation,
collection and disbursement of fees in the HRADP for the benefit of residents of
the City and the County.
D. Cooperation. City and County understand and agree that it will be necessary to
work cooperatively to assure full implementation of Ordinance 460.144 as
adopted by the City of Menifee with respect to the HRADP.
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E. Sharing of Information. City and County agree that it will be necessary to share
such information as may be required to properly assess properties located
within the HRADP.
F. Term. This Agreement shall be in effect for fiscal year 2013-2014 and shall
automatically renew annually unless terminated in accord with the provisions of
Section III.
II. Implementation.
A. City Commits:
1. To delegate by resolution all right and authority held under Ordinance 460.144
as adopted by the City of Menifee to the County for imposition, adjustment,
implementation, collection and disbursement of ADP fees generated by property
located within the HRADP.
2. To cooperate as necessary to assure that all fees imposed by the County are
properly collected and disbursed as required in accord with the provisions of
Ordinance 460.144 as adopted by the City.
B. County Commits:
1 To properly impose ADP fees in accord with all provisions and for the purposes
set forth in Ordinance 460.144.
2 To properly adjust such fees as necessary to provide sufficient revenues for
completion of all identified drainage facilities for the HRADP.
3 To implement the provisions of Ordinance 460.144 and Resolution 2006-001.
3. To collect ADP fees due from any property located within the City of Menifee and
within the HRADP.
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4. To disburse all fees collected from the HRADP to the Riverside County Flood
Control and Water Conservation District for construction of drainage facilities
benefitting the HRADP.
III. Termination
This Agreement may be terminated with or without cause by either Party upon 60
days written notice.
IV. Representations, Warranties and Indemnification.
A. Indemnification. To the fullest extent provided by law, County shall indemnify,
protect, defend, and hold harmless the City, its officers, employees, and
agents from and against any and all claims, liability, costs, damages,
penalties, losses and expenses, and any other actions, suits, legal or
administrative orders or proceedings, demands or other liabilities resulting at
any time from the activities set forth in this Agreement.
B. Indemnification. To the fullest extent provided by law, City shall indemnify,
protect, defend, and hold harmless the County, its officers, employees, and
agents from and against any and all claims, liability, costs, damages, penalties,
losses and expenses, and any other actions, suits, legal or administrative
orders or proceedings, demands or other liabilities resulting at any time from
the activities set forth in this Agreement.
C. Survival. Notwithstanding any other provision of this Agreement, this Section IV
shall survive the termination of this Agreement.
V. Miscellaneous.
A. General Provisions. This Agreement and all terms and conditions hereof shall
be governed by and construed and enforced in accordance with the laws of the
State of California, with venue in any action in the Superior Court of Riverside
County. Any term herein can be waived only by a written waiver signed by the
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Party against whom such waiver is to be asserted. This Agreement may be
executed in counterparts, each of which when so executed shall be deemed an
original, and all of which, together, shall constitute one and the same
instrument.
B. Attorneys’ Fees. In the event of litigation between the Parties hereto arising out
of or in connection with this Agreement, the prevailing party shall, in addition to
any other relief awarded by the court, be entitled to recover its costs and
reasonable attorneys' fees as determined by the court.
C. Notice. Any notice to be given hereunder shall be effective only when in writing
and delivered to the Party to whom notice is being given personally, by fax or
by mail, to the address set out below:
To City: City of Menifee
29714 Haun Road
Menifee, CA 92586
(951) 672-6777
(951) 679-3843 fax
Attn: Rob Johnson, Interim City Manager
To County: County of Riverside
Riverside County Flood Control District
1995 Market Street
Riverside, California 92501
Attn: Dusty Williams, General Manager-Chief
Engineer
Either Party may change the place of notice to any other location by giving
notice to the other.
D. Amendment. This Agreement may only be amended by a document in writing
signed by the Parties.
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E. Further Action. The Parties agree to and shall take such further action and
execute and deliver such additional documents as may be reasonably required
to effectuate the terms and conditions of this Agreement and to the extent
consistent with the terms hereof including without limitation adoption of
resolutions.
F. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that (i) such Party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said Party,
(iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) entering into this Agreement does not
violate any provision of any other agreement to which said party is bound.
Dated: January 8, 2014 CITY OF MENIFEE, a municipal
corporation
By:
Scott A. Mann, Mayor
Attest:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
Julie H. Biggs, City Attorney
Dated: January 8, 2013 COUNTY OF RIVERSIDE, a California
County
By:
John Benoit, Chairman
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APPROVED AS TO FORM:
County Counsel