2023/09/06 Riverside County Flood Control and Water Conservation District Sun City Storm Drain Encanto Drive, Chambers Avenue, Debris Basin, Rouse Road, Sherman Road, Sun City Channels, Pennywhistle Way, Percussion Road251527
COOPERATIVE AGREEMENT
Sun City - Encanto Drive Storm Drain, Stage 1
Sun City - Encanto Drive Storm Drain, Stage 3
Sun City - Chambers Avenue Storm Drain, Stage 1
Sun City - Chambers Avenue Debris Basin
Sun City - Rouse Road Storm Drain, Stage 2
Sun City - Rouse Road Storm Drain, Stage 3
Sun City - Rouse Road Storm Drain, Stage 4
Sun City - Sherman Road Debris Basin
Sun City Channels, Stage 3
Sun City - Sherman Road Storm Drain, Stage 1
Sun City - Rouse Road Debris Basin
Sun City - Pennywhistle Way Storm Drain, Stage 1
Sun City - Percussion Road Storm Drain, Stage 1
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
This Cooperative Agreement ("Agreement"), dated as of
is entered into by and between the Riverside County Flood Control and Water Conservation
District, a body politic ("DISTRICT"), the City of Menifee, a municipal corporation ("CITY"),
and BLC Fleming LLC, a Delaware limited liability company ("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 Nos. 37408
and 37409 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 Nos. 37408 and 37409 are provided in
Exhibit "A", attached hereto and made a part hereof, and
C. The required flood control facilities and drainage improvements are shown
on DISTRICT Drawings described in subparagraphs (1) through (viii) below, the relevant
portions of which are shown in concept on Exhibit "B", attached hereto and made a part hereof,
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and include the construction of:
i. DISTRICT Drawing No. 4-1195:
a. Approximately 261 lineal feet of 12'W x 4'11 double reinforced
concrete box ("RCB") and its associated structures
("ENCANTO DRIVE STAGE 1 "). ENCANTO DRIVE
STAGE 1 as shown on the plans as Line G-1 and in concept in
Exhibit "B", attached hereto and incorporated herein by
reference, and as shown on DISTRICT Drawing No. 4-1195.
At its downstream terminus, ENCANTO DRIVE STAGE 1
will drain to the proposed debris Basin B2.
ii. DISTRICT Drawing No. 4-1197:
a. Approximately 1,935 lineal feet of 12'W x 5'H double RCB,
approximately 93 lineal feet of 6'W x 4'H double RCB and
approximately 2,601 lineal feet of underground stone drain
system including its associated structures ("CHAMBERS
AVE STAGE 1" ). CHAMBERS AVE STAGE 1 as shown on
the plans as Line D and in concept in Exhibit "B", attached
hereto and incorporated herein by reference, and as shown on
DISTRICT Drawing No. 4-1197. At its downstream terminus,
CHAMBERS AVE STAGE 1 will drain to the proposed debris
Basin B2. At its upstream terminus, CHAMBERS AVE
STAGE 1 will drain from the proposed debris Basin A.
iii. DISTRICT Drawing No. 4-1201:
a. Approximately 175 lineal feet of OW x 4'H RCB and its
associated structures ("ROUSE ROAD STAGE 2"). ROUSE
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ROAD STAGE 2 as shown on the plans as Line A and in
concept in Exhibit "B", attached hereto and incorporated herein
by reference, and as shown on DISTRICT Drawing No. 4-
1201. At its upstream terminus, ROUSE ROAD STAGE 2 will
connect to DISTRICT's existing Sun City — Rouse Road Storm
Drain, Stage 1 facility (DISTRICT Drawing No. 4-0771). At
its downstream terminus, ROUSE ROAD STAGE 2 will drain
to the proposed debris Basin B2.
b. Approximately 427 lineal feet of underground storm drain
system ("ROUSE ROAD STAGE 3"). ROUSE ROAD
STAGE 3 as shown on the plans as Line A-1 and in concept in
Exhibit "B", attached hereto and incorporated herein by
reference, and as shown on DISTRICT Drawing No. 4-1201.
At its downstream terminus, ROUSE ROAD STAGE 3 will
drain to the proposed debris Basin B2.
iv. DISTRICT Drawing No. 4-1202:
a. Approximately 2,355 lineal feet of underground storm drain
system and its associated structures ("ROUSE ROAD STAGE
4"). ROUSE ROAD STAGE 4 as shown on the plans as Line
B and in concept in Exhibit "B", attached hereto and
incorporated herein by reference, and as shown on DISTRICT
Drawing No. 4-1202. At its downstream terminus, ROUSE
ROAD STAGE 4 will drain to the proposed debris Basin B2.
At its upstream terminus, ROUSE ROAD STAGE 4 will drain
from the proposed debris Basin B 1.
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V. DISTRICT Drawing No. 4-1203:
a. Approximately 70 lineal feet of 10'H x 5'W RCB and its
associated structures ("SUN CITY CHANNEL"). SUN CITY
CHANNEL as shown on the plans as Line C and in concept in
Exhibit "B", attached hereto and incorporated herein by
reference, and as shown on DISTRICT Drawing No. 4-1203.
b. Approximately 795 lineal feet of 4'W x 4'H RCB and its
associated structures ("ENCANTO DRIVE STAGE 3").
ENCANTO DRIVE STAGE 3 as shown on the plans as Lateral
C2 and in concept in Exhibit "B", attached hereto and
incorporated herein by reference, and as shown on DISTRICT
Drawing No. 4-1203. At its upstream tenninus, ENCANTO
DRIVE STAGE 3 terminates with a concrete bulkhead for
future extension.
vi. DISTRICT Drawing No. 4-1204:
a. Approximately 366 lineal feet of CW x 4'H RCB and its
associated structures ("SHERMAN ROAD STAGE 1").
SHERMAN ROAD STAGE 1 as shown on the plans as Line
E and in concept in Exhibit "B", attached hereto and
incorporated herein by reference, and as shown on DISTRICT
Drawing No. 4-1204. At its downstream terminus,
SHERMAN ROAD STAGE 1 will drain to the proposed debris
Basin A. At its upstream terminus, SHERMAN ROAD
STAGE 1 will connect to CITY's existing facility.
vii. DISTRICT Drawing No. 4-1206:
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a. Approximately 869 lineal feet of underground storm drain
system and its associated structures ("PENNYWHISTLE
WAY STAGE 1"). PENNYWHISTLE WAY STAGE 1 as
shown on the plans as Line J-1 and in concept in Exhibit "B",
attached hereto and incorporated herein by reference, and as
shown on DISTRICT Drawing No. 4-1206. At its downstream
terminus, PENNYWHISTLE WAY STAGE 1 will drain to the
proposed Basin B2.
viii. DISTRICT Drawing No. 4-1208:
a. Approximately 993 lineal feet of underground storm drain
system and its associated structures ("PERCUSSION ROAD
STAGE 1" ). PERCUSSION ROAD STAGE 1 as shown on
the plans as Line K and in concept in Exhibit "B", attached
hereto and incorporated herein by reference, and as shown on
DISTRICT Drawing No. 4-1208. At its downstream terminus,
PERCUSSION ROAD STAGE 1 will connect to the proposed
CITY water quality Basin B1.
ix. 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 inspection and approval. Together, ENCANTO
DRIVE STAGE 1, CHAMBERS AVE STAGE 1, ROUSE ROAD
STAGE 2, ROUSE ROAD STAGE 3, SUN CITY CHANNEL,
ROUSE ROAD STAGE 4, ENCANTO DRIVE STAGE 3,
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SHERMAN ROAD STAGE 1, PENNYWHISTLE WAY STAGE
1, PERCUSSION ROAD STAGE 1 and SAFETY DEVICES are
hereinafter called "DISTRICT FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES is the
construction of:
i. Certain catch basins, inlets, connector pipes, curbs and gutters 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 depicted in DISTRICT Drawing Nos. in RECITALS 'C',
hereinafter called "APPURTENANCES".
ii. Approximately 1.73 acres of basin, associated riprap and access
road ("CHAMBERS AVE DEBRIS BASIN"), as shown on the
plans as Basin A and on DISTRICT Drawing No. 4-1197.
iii. Approximately 0.90 acre of basin, associated riprap and access
road ("SHERMAN ROAD DEBRIS BASIN"), as shown on the
plans as Basin B1 and on DISTRICT Drawing No. 4-1202.
iv. Approximately 10.14 acres of basin, associated riprap and access
road ("ROUSE ROAD DEBRIS BASIN"), as shown on the plans
as Basin B2 and on DISTRICT Drawing No. 4-1202.
E. CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS
BASIN and ROUSE ROAD DEBRIS BASIN are combined water quality basins and detention
debris basins, which will subsequently be owned and maintained by the Community Facilities
District 2017-1 ("CFD") formed by CITY. CITY intends to enter into a separate agreement with
CFD, setting forth the maintenance responsibilities for CHAMBERS AVE DEBRIS BASIN,
SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD DEBRIS BASIN; and
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F. CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN
and ROUSE ROAD DEBRIS BASIN maintenance responsibilities are further defined in the
Water Quality Basin and Detention Basin Maintenance Notes on DISTRICT Drawing Nos. 4-
1197 and 4-1202; and
G. Together, the APPURTENANCES, CHAMBERS AVE DEBRIS BASIN,
SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD DEBRIS BASIN are hereinafter called
"CITY FACILITIES"; and
H. Together, DISTRICT FACILITIES and CITY FACILITIES are hereinafter
called "PROJECT"; and
I. On or about September 29, 2022, DISTRICT and DEVELOPER entered into
a Right of Entry and Inspection Agreement that authorizes DEVELOPER to construct
DISTRICT FACILITIES. Pursuant to the Right of Entry and Inspection Agreement,
DEVELOPER has commenced construction of the At -Risk Portions of the DISTRICT
FACILITIES; and
J. 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
K. 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 PROJECT; and
L. DISTRICT is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT FACILITIES,
CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD
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DEBRIS BASIN, (iii) accept ownership and responsibility for the operation and maintenance of
DISTRICT FACILITIES and (iv) accept its maintenance responsibilities in accordance with the
Detention Basin Maintenance Notes on DISTRICT Drawing Nos. 4-1197 and 4-1202 for
CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD
DEBRIS BASIN, provided DEVELOPER does all of the following: (a) complies with the teens
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 of CITY FACILITIES; and
M. CITY is willing to (1) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of PROJECT, (ill) accept and hold
faithful performance and payment bonds submitted by DEVELOPER for DISTRICT
FACILITIES, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT
FACILITIES within CITY rights of way subject to the terns of this Agreement and (v) accept
ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided
DEVELOPER does all of the following: (a) complies with the terns 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 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 operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and
responsibility for the operation and maintenance of CITY FACILITIES; and
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N. Pursuant to Water Code Appendix Section 10, the Board of Supervisors
of the 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
O. 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, the Parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
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) calendar 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 and CITY costs associated
with the review and implementation of the IMPROVEMENT PLANS, review and approval of
rights of way and conveyance documents, and with the processing and achninistration 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 start of
PROJECT construction as set forth in Section 1.8, 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
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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)
calendar days after receipt of billing from DISTRICT.
4. Deposit with CITY, 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 PROJECT, in an amount as determined and approved by
CITY in accordance with CITY's municipal code and regulations. If at any time the inspection
costs exceed the deposit or are anticipated by CITY to exceed the deposit with CITY,
DEVELOPER shall pay such additional amount(s), as deemed reasonably necessary by CITY to
.complete inspection of PROJECT, within thirty (30) calendar 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 constriction, 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) calendar days prior to recordation of the final maps for Tract Map Nos.
37408 and 37409 or any phase thereof, whichever occurs first.
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,
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California Regional Water Quality Control Board, California State Department of Fish and
Wildlife, State Water Resources Control Board and Western Riverside County Regional
Conservation Authority ("REGULATORY PERMITS").
7. Provide CITY, at the time of providing written notice to DISTRICT
(Attention: Contract Services Section) and DISTRICT of the start of construction as set forth in
Section I.8 or not less than twenty (20) calendar days prior to recordation of the final maps for
Tract Map Nos. 37408 and 37409 or any phase thereof, whichever occurs first, with faithful
performance and payment bonds, each in the amount of one hundred percent (1001/o) of the
estimated cost for construction of DISTRICT FACILITIES and CITY FACILITIES as
determined by DISTRICT and CITY, respectively. The surety, amount and form of the bonds
shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in Rill force
and effect until the DISTRICT FACILITIES and CITY FACILITIES are accepted by DISTRICT
and CITY as complete; at which time, the bond amount may be reduced to ten percent (10%) for
a period of one (1) year to guarantee against any defective work, labor or materials.
8. Notify DISTRICT (Attention: Contract Services Section) and CITY in
writing at least twenty (20) calendar 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 of PROJECT as set forth herein.
10. If applicable, obtain and provide DISTRICT (Attention: Plan Check
Section) and CITY, at the time of providing written notice to DISTRICT and CITY of the start
of constriction as set forth in Section I.8 or not less than twenty (20) calendar days prior to the
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recordation of the final maps for Tract Map Nos. 37408 and 37409, 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 the
construction, inspection, operation and maintenance of DISTRICT FACILITIES. The
Irrevocable Offer(s) of Dedication shall be provided to CITY to accept on behalf of DISTRICT,
in a form approved by DISTRICT, and shall be executed by all legal and equitable owners of the
property described in the offer(s).
11. If applicable, furnish DISTRICT (Attention: Plan Check Section), when
submitting the Irrevocable Offer(s) of Dedication as set forth in Section I.10, with Preliminary
Reports on Title dated not more than thirty (30) calendar days prior to date of submission of all
the property described in the Irrevocable Offer(s) of Dedication.
12. 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, 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 further identify 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 for
the 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.
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14. Furnish 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 Cal/OSHA safety regulations, including, but not limited to,
regulations concerning confined space and maintain a safe working environment for
DEVELOPER, DISTRICT and CITY employees on the site.
17. 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 confined space entry procedure specific to PROJECT. The procedure shall
comply with requirements contained in California 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 and CITY authorization to proceed, as provided
in Section I.8.
18. DEVELOPER shall not commence operations until DISTRICT and CITY
have been furnished with original certificate(s) of insurance and original certified copies of
endorsements and, if 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 and/or 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 (Attention: Contract Services Section) and CITY. At minimum, the
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procured insurance coverages should adhere to DISTRICT and CITY 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.
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
all terns 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 request that DISTRICT conduct a final
inspection of DISTRICT FACILITIES, CHAMBERS AVE DEBRIS BASIN, SHERMAN
ROAD DEBRIS BASIN and ROUSE ROAD DEBRIS BASIN 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 of all 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 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.
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22. At the time of recordation of the conveyance document(s) as set forth in
Section I.21, furnish DISTRICT (Attention: Plan Check 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%) of the estimated value, as determined by DISTRICT, for each fee parcel
to be conveyed to DISTRICT, guaranteeing DISTRICT 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 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) CITY FACILITIES 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 attorneys' fees of all Parties, and acknowledge that, upon entry of judgment, 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 CITY FACILITIES for ownership, operation and maintenance, provide or cause
its civil engineer of record or construction civil engineer of record, duly registered in the State of
California, 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
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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 to, all applicable provisions of the Labor Code, Business
and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTRICT shall:
1. 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 final
approval. DISTRICT shall not approve IMPROVEMENT PLANS until CITY has provided its
approval pursuant to this Section.
3. Upon execution of this Agreement, record or cause to be recorded a copy of
this Agreement on the property through 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 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) 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
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the requested Irrevocable Offer(s) of Dedication upon the recordation of the conveyance
document. If applicable, DISTRICT 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.10 restricts
CITY's ability to require any other lawful Irrevocable Offer(s) of Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES, CHAMBERS AVE
DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD DEBRIS BASIN.
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 of this Agreement.
7. Keep an accurate accounting of all DISTRICT construction inspection costs
and, within forty-five (45) calendar days after DISTRICT acceptance of DISTRICT
FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit
as set forth in Section I.3 exceeds such costs, DISTRICT shall reimburse DEVELOPER the
excess amount within sixty (60) calendar 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, 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 of DEVELOPER.
9. Accept ownership and sole responsibility for the operation and maintenance
of DISTRICT FACILITIES from DEVELOPER upon (i) DISTRICT inspection of DISTRICT
FACILITIES, CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN and
ROUSE ROAD DEBRIS BASIN in accordance with Section I.20, (ii) DISTRICT acceptance of
DISTRICT FACILITIES construction as being complete in accordance with DISTRICT and
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CITY approved IMPROVEMENT PLANS, (iii) DISTRICT receipt of stamped and signed
RECORD DRAWINGS of PROJECT plans as set forth in Section I.25, (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 CITY FACILITIES, (v) DISTRICT
receipt of the related policies of title insurance as set forth in Section I.22, (vi) DISTRICT
acceptance of its maintenance responsibilities in accordance with the Detention Basin
Maintenance Notes on DISTRICT Drawing No. 4-1197 and DISTRICT Drawing No. 4-1202 for
CHAMBERS AVE DEBRIS BASIN, SHERMAN ROAD DEBRIS BASIN and ROUSE ROAD
DEBRIS BASIN, (vii) CITY acceptance of CITY FACILITIES for ownership, operation and
maintenance and (viii) DISTRICT sole determination that DISTRICT FACILITIES are in a
satisfactorily maintained condition. 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.
10. Provide CITY with a reproducible duplicate copy of the RECORD
DRAWINGS of PROJECT plans within ten (10) calendar days of receipt.
11. In the event CITY wishes to utilize DISTRICT construction inspection,
materials testing and construction survey services, and CITY provides DISTRICT with a written
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 construction contract. DISTRICT hereby agrees to pay all DISTRICT costs
associated with the inspection of PROJECT construction, as set forth herein.
SECTION III
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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 1.7, and hold said bonds as provided
herein.
3. Inspect PROJECT construction or cause PROJECT construction to be
inspected by its construction manager, to be reimbursed by the DEVELOPER. In the event CITY
wishes to utilize DISTRICT construction inspection, materials testing and construction survey
services, CITY shall provide DISTRICT with a written request (Attn: Construction Management
Section) for such services pursuant to Section II.11.
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) 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.
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
public health and safety.
C. Accept ownership and sole responsibility for the operation and maintenance
- 19-
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of CITY FACILITIES 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.10, (v) CITY acceptance of all rights of way as deemed necessary by DISTRICT
and CITY for the ownership, operation and maintenance of DISTRICT FACILITIES and CITY
FACILITIES and (vi) CITY's sole determination that PROJECT is in a satisfactorily maintained
condition. In addition to the foregoing, CITY acceptance under this Section shall not be effective
until DISTRICT acceptance of the DISTRICT FACILITIES under Section II, above. As such,
until DISTRICT accepts DISTRICT FACILITIES, the ownership and maintenance obligations
regarding CITY FACILITIES 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 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 of all PROJECT manhole rings and covers
located within CITY rights of way which must be performed at such time(s) that the finished
grade along and above the underground portion of DISTRICT FACILITIES is improved,
repaired, replaced or changed. It being further understood and agreed that any such adjustments
shall be performed at no cost to DISTRICT.
SECTION IV
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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 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 to the content of any particular
communication, DISTRICT personnel agree to communicate CITY comments to DEVELOPER
in addition to DISTRICT comments.
3. DEVELOPER shall complete constriction of PROJECT within eighteen
(18) consecutive months after execution of this Agreement and within three hundred sixty-five
(365) consecutive calendar days after commencing work on PROJECT, unless CITY and
DISTRICT agree to extend the time to complete construction. 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 for DISTRICT costs incurred from
the proceeds of any 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 of the Notice to Proceed pending a review of the existing site conditions as
-21-
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they exist at the time DEVELOPER provides written notification to DISTRICT and CITY of the
start of construction as set forth in Section I.B. In the event of a change in the existing site
conditions that materially affects PROJECT function or DISTRICT ability to operate and
maintain DISTRICT FACILITIES or CITY ability to operate and maintain CITY FACILITIES,
DISTRICT 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 modify 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) calendar days of receipt of DEVELOPER's complete written notice
as set forth in Section I.8; however, DISTRICT and CITY construction inspection staff is limited
and, therefore, the issuance of a Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of the Notice(s) to
Proceed, DEVELOPER may elect to furnish 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 by DISTRICT and CITY, said individual, hereinafter called "DEPUTY INSPECTOR",
shall be authorized to act on DISTRICT and CITY behalf on all PROJECT construction and
quality control matters. If DEVELOPER's initial construction inspection deposit furnished
pursuant to Section I.3. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to
DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within
forty-five (45) calendar days of DISTRICT approval of DEPUTY INSPECTOR; however, a
minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
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6. PROJECT constriction 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 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 at their sole 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 additional 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 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. INDEMNIFICATION OBLIGATIONS:
i. DEVELOPER INDEMNIFICATION OF DISTRICT AND COUNTY
OF RIVERSIDE. DEVELOPER shall indemnify and hold harmless
DISTRICT and 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
- 23 -
251527
future, based upon, arising out of or in any way relating to
DEVELOPER's (including its officers, employees, contractors,
subcontractors and agents) actual or alleged acts or omissions related
to this Agreement, performance under this Agreement or failure to
comply with the requirements of this Agreement, including, but not
limited to: (a) property damage; (b) bodily injury or death; (c) liability
or damage pursuant to Article I, Section 19 of the California
Constitution, the Fifth Amendment of the United States Constitution
or any other law, ordinance or regulation caused by the diversion of
waters from the natural drainage patterns or the discharge 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, attorney fees, cost of investigation,
defense, and settlements or awards), DISTRICT INDEMNITEES in
any claim, proceeding or action for which indemnification is required.
With respect to any action or claim subject to indemnification herein
by DEVELOPER, DEVELOPER shall, at its sole cost, have the right
to use counsel 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
-24-
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indemnification obligations to the DISTRICT INDEMNITEES as set
forth herein.
DEVELOPER indemnification obligations hereunder shall be satisfied
when DEVELOPER has provided to DISTRICT and County of
Riverside the appropriate form of dismissal (or similar document)
relieving DISTRICT and County of Riverside from any liability for
the claim, proceeding or action involved.
ii. DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnify and hold harmless CITY, including its governing 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 of or
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 performance under this Agreement or DEVELOPER
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 California
Constitution, the Fifth Amendment of the United States Constitution
or any other law, ordinance or regulation caused by the diversion of
waters from the natural drainage patterns or the discharge of drainage
IWIME
251527
within or from PROJECT or (d) any other element of any kind or
nature whatsoever.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including, but not limited to, attorney fees, cost of investigation,
defense, and settlements or awards), CITY INDEMNITEES with legal
counsel reasonably satisfactory to CITY in any claim proceeding or
action for which indemnification is required. If DEVELOPER fails to
meet its indemnification obligation, CITY shall have the right, but not
the obligation, to do so with counsel of their own choosing, with no
right of approval by DEVELOPER and, if it does, DEVELOPER shall
promptly pay CITY's full cost thereof, with payments made at least on
a inonthly basis.
DEVELOPER 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 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.
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iv. The specified insurance limits required in this Agreement shall in no
way limit or circumscribe DEVELOPER obligations to indemnify and
hold harmless DISTRICT INDEMNITEES and/or CITY
INDEMNITEES from third party claims.
V. In the event there is conflict 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 the 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, 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
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, or 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 DISTRICT.
-27-
251527
9. Any waiver by any Party of any breach of any one or more of the terms of
this Agreement shall not be construed to be a waiver of any subsequent or other breach of the
same 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 California. 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 effect
without being impaired or invalidated in any way.
11. Any and all notices sent or required to be sent to Parties of this 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: BLC FLEMING LLC
100 Bayview Circle, Suite 240
Newport Beach, CA 92660
Attn: Noah Shih
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
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.
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251527
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 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. 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 certify 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 of
their understanding with respect to the subject matters 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 of the Parties hereto.
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18. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one and the same
instrument.
//
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251527
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
Im
JASON E. UHLEY
General Manager -Chief Engineer
APPROVED AS TO FORM:
MINH C. TRAN
County Counsel
CAROLINE K. MONROY
Deputy County Counsel
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT,
a body politic
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
KIMBERLY RECTOR
Clerk of the Board
By
Deputy
(SEAL)
[SIGNED IN COUNTERPART]
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sun City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206, 4-
0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rlp
06/ 19/23
-31-
RECOMMENDED FOR APPROVAL:
By � 1 -�—=& �,_
1 NICOLAS FIDLER
t Public Works Director
APPROVED AS TO FORM:
2,7
By
,_�KFFOY T. MELCHMN
City Attorney
J
CITY OF MENIFEE
B '
y ARMANDO G. V I .LA
City Manager
ATTEST:
(SEAL)
251527
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sun City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199,4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rlp
06/ 19/23
-32-
BLC FLEMING LLC,
a Delaware limited liability company
By
NAME. ric Koff
Title: Senior Vice Presided
By
NAME: Richard S. Whiteley
Title: Executive Vice Presi
251527
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sun City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206, 4-
0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rlp
O6/ 19/23
-33-
ACKNOWLEDGMENT
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
validity of that document.
State of California
County of V
On �ly�, �U before me, P 1 1 m �'U'J1ic'
(insdit nameadd
titllld of the officer)
personally appeared (�%vVr `S- ww
who proved to me on the basis of satisfactory evidence to be the person(s) whose ame(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
*my
ROSELYN NGUYEN
Notary Public • California
Orangeounty >
WITNESS my hand a fficial al. missio #242Commission 12427747
Comm. Expires Nov 22, 2026
Signature (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 AND LETTERED LOTS D AND I OF PARCEL MAP NO. 37379, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 250, PAGES 47
THROUGH 51, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING THEREFROM ALL UNDERGROUND WATER, SUBJECT ONLY TO THE RIGHT OF THE OWNER TO
DIG OR DRILL WELLS AND TAKE SUCH WATER THEREFROM AS MAY BE REASONABLY NECESSARY FOR
DOMESTIC USE AND WATERING OF STOCK ON SAID LAND, BUT NOT ELSEWHERE, AND FOR NO OTHER
PURPOSES, AS RESERVED BY THE TEMESCAL WATER COMPANY IN DEED RECORDED JANUARY
13, 1920 IN BOOK 516, PAGE 120 OF DEEDS.
APN: 330-020-018, APN: 330-020-019, APN: 333-030-029
PARCEL B:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. COM 16-001 , RECORDED MAY 26, 2016 AS
INSTRUMENT NUMBER 2016-0215840 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN
THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO BEING THE NORTHEAST
QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 22, SOUTH 00°08'25" EAST A DISTANCE OF 2694.57 FEET
TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE ALONG
THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, NORTH 88°30'29" WEST A
DISTANCE OF 2629.49 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; THENCE ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 22, NORTH 00006'35" WEST A DISTANCE OF 2657.18 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTHERLY LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 22, SOUTH 89° 19'21" EAST A DISTANCE OF 2627.27 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL UNDERGROUND WATER, SUBJECT ONLY TO THE RIGHT OF THE OWNER TO
DIG OR DRILL WELLS AND TAKE SUCH WATER THEREFROM AS MAY BE REASONABLY NECESSARY FOR
DOMESTIC USE AND WATERING OF STOCK ON SAID LAND, BUT NOT ELSEWHERE, AND FOR NO OTHER
PURPOSES, AS RESERVED BY THE TEMESCAL WATER COMPANY IN DEED RECORDED JANUARY
13, 1920 IN BOOK 516. PAGE 120 OF DEEDS.
APN: 333-020-011
Exhibit B
--- - -
ROAD -- - --- ----------- ---�.. - ----- BASIN FU>vIM COMMERCLAL
is
Encanto
R� Drive Stage 1
LEGEND:
MAINTAINED BY RCFC4tWC0
MAINTAINED BY QTY UE MENWEE
MAINTENANCE ACCESS PATH
Line G, Stage 1
City: I P21-036(a )
District Drawing No. 4.1195
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit B
r
(
- •
LINE i = . _ �. , �.. -
1 -
= ..
- ,- --
_._
_
'..
�♦♦��
I
I-
I I I � 1. �.
--."law4
Ttf a— kE•H' pf�
DWG. NO. 4-1194
i
-TR 19781
\
Chambers Ave
Chambers Ave Stage 1
Debris Basin
LEGEND.
MAINTAINED BY RCFC,&WL"CF
Line D & Chambers Debris Basin
______ __ ►,TANTAiNED BY Clrr cf MENiFEE
--- s�Al2arAlra�� By 1�rFc.�e11�'D
City: IP21-033
District Drawing No. 4.1197
MAINTENANCE ACCTSS PATH 1
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit B
Rouse Road Stage 3
Rouse Road Stage 2
l L uNE A j -�
Jr; -
UI
t.� .
ROUSE ROAD DEBRIS BASIN
LEGEND:
AiAINTAMED BY RCFC*vrCD
.....+.7 MAINTAINED BY CITY OF MENIFEE
MAINTENAWE ACCESS PATH
Lines A & Al
City: I P21-030
District Drawing No. 4.1201
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit B
Rouse Road Stage 4 1
LEti',END,
Sherman Road Debris Basin I
' IQ n:7
_T- - - —
�;! '� ti�t �; i -: +—,--r-. ;1', ! -' + j �� i JIL
MAINTAINED 6Y P'CF(;&W it
•-----�-�� WAMUINEO B'Y CITY OF MENIFEE Line B &Sherman Debris Basin
City: IP21-031
MAINTAINED BY RCFC&'UCZ1 District Drawing No. 4.1202
MAINTENX14GE AXCE;S• PATH
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Encanto Drive Stage 3 1
z
I
LAT CS
Ex, Ct 1O.7f3!
STORM
i
CF_
Exhibit B
_1
�~ ROUSE ROAD DEBRIS BASIN
I_
�f ti
INE C
Sun City Channel
LEGEND.
}, ANTARIED BY RCFC,&W-,D Line C & Lateral C2
----------- MAINTAINED 13Y CITY OF MCNWEE City: IP21-032
a _ MAINTENANCE ACCESS PATH District Drawing No. 4.1203
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit 13
Sherman Road Stage 1
W 0
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W (A
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LEGEND:
• MAINTAINED BY k{,-FCdcWCI)
--------- MAINTAMED BY OTY 4F MENIFEE
MAINT£NANCE Ac;:;ESS PATH
t ,
-SHCRUu. ROV
Chambers Avenue Debris Basin
Line E
City: I P21-034
District Drawing No. 4.1204
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150,4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit B
Basin Inlet to be
Maintained by the
City of Menifee
e
,
RO UDE
S T;.
e
LEGEND:
- MAINTAINED BY Rt' raGCl
----------- MAINTA WD BY CITY OF IAENIF�E
MArNTENANCE AG E:S PAtkI
Pennywhistle Way
Stage 1
Line J Stage 1
City: I P21-038
District Drawing No. 4.1206
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit B
LEGEND:
•---- NVOWAINED SY FtCFC&M,*
--- -- ----- MAINTAMED FY C;TY 43F MENIFEE
f . FJAlN :NANc AOCEss PArH
Line K
City: I P21-040
District Drawing No. 4.1208
Sun City Storm Drains - Infrastructure Phase A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00150, 4-0-00206, 4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
Exhibit C
DISTRICT's and CITY's Required Insurance are as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold
DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverages during the term of this
Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside
County Flood Control and Water Conservation District, the County of Riverside, its Agencies,
Districts, Special Districts, and Departments, their respective directors, officers, Board of
Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California,
DEVELOPER shall maintain statutory Workers' Compensation Insurance
(Coverage A) as prescribed by the laws of the State of California. 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.
B. 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 departments, their respective
directors, officers, Board of Supervisors, employees, elected or appointed
officials, agents or representatives as additional insureds. Policy's limit of
liability shall not be less than $5,000,000 per occurrence combined single limit.
If such insurance contains a general aggregate limit, it shall apply separately to
this Agreement or be no less than two (2) times the occurrence limit. DISTRICT
and CITY must be an additional insured for 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 two 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.
COOPERATIVE AGREEMENT
Sun City Storm Drains
Tract Map Nos. 37408 and 37409
Page 1 of 5
Exhibit C
C. Vehicle Liability:
If 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. 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 Supervisors, employees, elected or appointed
officials, agents or representatives as additional insureds.
D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in
connection with the performance of DEVELOPER's obligations under this
Agreement to maintain Professional Liability Insurance providing coverage for
the performance of their work included within this Agreement, with a limit of
liability of not less than $2,000,000 per occurrence and $4,000,000 annual
aggregate. DEVELOPER shall require that, if such Professional Liability
Insurance is written on a claims made basis rather than an occurrence basis, such
insurance shall continue through the term of this Agreement and that such
architect or engineer shall purchase at such architect or engineer's sole expense
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: 1), 2) or 3) shall continue for the tern specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITY.
E. Pollution and Asbestos Liability:
DEVELOPER or its construction contractor(s) shall obtain, at its sole expense
and keep in effect during the term of the contract, Pollution Legal Liability and/or
Asbestos Legal Liability and/or Errors and Omissions (if project involves
environmental hazards) covering DEVELOPER's or its construction contractor(s)
liability for a third party bodily injury and property damage arising from pollution
conditions caused by the DEVELOPER or its construction contractor(s) while
performing their operations under the contract. The insurance coverage shall
apply to sudden and accidental pollution events. Any coverage restriction as to
time limit for discovery of a pollution incident and/or a time limit for notice to
COOPERATIVE AGREEMENT
Sun City Storm Drains
Tract Map Nos. 37408 and 37409
Page 2 of 5
Exhibit C
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 occurrence or claim, and $2,000,000 policy
aggregate. The policy shall be endorsed to state that the general aggregate limit
of liability shall apply separately to this contract. Any self -insured
retention/deductible amount shall be submitted to the DISTRICT and CITY for
review and approval. If 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 available to the DISTRICT and CITY.
In the event, DEVELOPER or its constriction contractor(s) encounters materials
on the site that is believed to be asbestos or polychlorinated biphenyl (PCB)
which has not been rendered harmless, DEVELOPER or its construction
contractor(s) shall immediately stop work in the area affected and report the
condition to the DISTRICT and CITY in writing. The work in the affected area
shall not thereafter be resumed except by written agreement of the DISTRICT,
CITY, and DEVELOPER, if in fact the material is asbestos or polychlorinated
biphenyl (PCB) and has not been rendered harmless. The work in the affected
area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the
DISTRICT, CITY, and DEVELOPER.
DEVELOPER or its construction contractor(s) shall not be required to perform
without consent any work relating to asbestos or polychlorinated biphenyl (PCB).
F. General Insurance Provisions — All Lines:
i. Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California 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 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 tern.
COOPERATIVE AGREEMENT
Sun City Storm Drains
Tract Map Nos. 37408 and 37409
Page 3 of 5
Fxhihit C
I 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: 1) reduce or eliminate such self -insured retention with
respect to this Agreement with DISTRICT; or 2) procure a bond which
guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
iii. DEVELOPER shall cause their insurance carrier(s) or its contractor's
insurance carrier(s), to furnish DISTRICT and CITY with 1) 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
modification, cancellation, expiration or reduction in coverage of such
insurance. If DEVELOPER 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.
iv. In the event of a 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.
V. It is understood and agreed by the parties hereto that DEVELOPER's
COOPERATIVE AGREEMENT
Sun City Storm Drains
Tract Map Nos. 37408 and 37409
Page 4 of 5
Fxhihit 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.); 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 of contractors 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 notify 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 of insurance
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 of five (5) years after completion of
contract work.
COOPERATIVE- AGREEMENT
Sun City Storm Drains
Tract Map Nos. 37408 and 37409
Page 5 of 5
Exhibit D
//w�u�r�m
---
v
LEGEND
CROSS —HATCH EASEMENT 4D
Sun City Storm Drains
Infrastructure Phases A, B and C
Tract Map Nos. 37408 and 37409
RECOMMENDED FOR APPROVAL
B
y — v
NICOLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
Wpq<1 T. MELCP NG
Ci ttorney /
CITY OF MENIFEE
By
ARMANDO G. V LLA
City Manager
ATTEST:
v
VIA ARING
)ARAH
ity Clerk
(SEAL)
251527
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Surf City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rlp
06/ 19/23
-32-
RECOMMENDED FOR APPROVAL:
By _
NICOLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
HE
MELCH
ity Attorney
CITY OF MENIFEE
By ARMANDO G. JILFA
City Manager
ATTEST:
(SEAL)
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sim City — Storm Drains Infrastiucture A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rIp
06/ 19/23
-32-
251527
4-0-00150, 4-0-00206,
RECOMMENDED FOR APPROVAL:
NICOLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
CITY OF MENIFEE
B -
y ARMANDO G. 'I A
City Manager
ATTEST:
(SEAL)
251527
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sun City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR: rlp
06/19/23
-32-
RECOMMENDED FOR APPROVAL:
By �r_,���
NICOLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
By
Y T. MELCH G/
City Attorney
CITY OF MENIFEE
By
ARMANDO G. V L
City Manager
ATTEST:
(SEAL)
251527
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sun City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR:rlp
06/ 19/23
-32-
RECOMMENDED FOR APPROVAL:
NicoLAS FIDLER
Public Works Director
APPROVED AS TO FORM:
0
TEFFPY T.
City Attorney
CITY OF MENIFEE
0,44\-^
By
ARMANDO G. IV LA
City Manager
ATTEST:
(SEAL)
251527
Cooperative Agreement w/ City of Menifee and BLC Fleming LLC:
Sim City — Storm Drains Infrastructure A
Project Nos. 4-0-00333, 4-0-00340, 4-0-00427, 4-0-00151, 4-0-00198, 4-0-00150, 4-0-00206,
4-0-00199, 4-0-00208 and 4-0-00209
Tract Map Nos. 37408 and 37409
AMR: rlp
06/19/23
-32-