2009/12/23 Riverside County Flood Control and Water Conservation District Paloma Wash Channel, Stages 2 and 37tt@
PLEASE COMPLETE THIS INFORMATION
RECON.DNG REOUFSTfD BY
RIVERSII'E COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
FREE RECORDING
This insEument is for thc benelit ofthe Rivcrsidc County
Flood Contml rnd watcr Conservation District and should
Bc rccordcd without a fcc pursuant to Got1. Codc 6103.
Doc * 2@@9-@6576@7
l2/23/2OO9 08:009 Fec: NCP.gc I of 46
Record.d ln Offici.l R.cords
Cou^ty of Riv.rside
L.rry ll. lJ.rdAss.itor, County Cl€rk t R.cord..
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S R U PAGE szE DA lvl ISC LONG COPYqb
NI L 465 426 PCOR NCOR sMF(NC!'gnLLCTYUNl
ANIIWXEI-I|ECORDED MAIL'[O
RIVERSIDE COT,IN'I'Y FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
I99' MARKET STREET
RMRSIDE, CA 92501-1770
Title oIDocument
PROJECT:Paloma Wash Channel, Stages 2 & 3
Paloma Wash - Haun Road SD Laterals
PROJECT NO:4-0-001I l-02, -03 & 4-0-00097
PARCEL MAP NO:3427 s
DEVELOPER:Stark Mcnifee Land LLC, Donahue
Schriber Asset Mgmt. Corp. et al
THIS PACE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDINC INTORMA1ION
($3.00 Additional Recording Fee Applies)
RTcoRDERSCOVFrS 6ETaro(
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AGREEMENT
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COOPERATIVE AGREEMENT
Paloma Wash Cha.nnel, Stages 2 and 3
Paloma Wash - Haun Road Storm Drain Laterals
(Project Nos. +0-001I l-02, 4-0-001I l-03 and 4-0-00097)
@arcel Map 34275)
The RryERSIDE COLTNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter catled "DISTRICT", thc CITy OF MENIFEE,
hereinafter called 'cITY", srARK MENIFEE LAND LLC, a wisconsin limited liability
company, hereinafter called "STARK', DONAHUE SCHRIBER REALTY GROUp, L.p., a
Delaware limited partnership, hereinafter called 'DS REALTY,, and DONAHUE SCHRIBER
ASSET MANAGEMENT CORPORATION, a Delaware corporation, hereinafter calle.d ',DS
ASSET", hereby agree as iollows:
RECITALS
A. STARK, DS REALTY and DS ASSET are hereinafter coltectively referred
to as "DEVELOPERS'. DEVELOPERS have submitted for approval Parcel Map 34275 in the
City of Menifee and as a condition for approval DEVELOPERS must construct certain flood
control facilities in order to provide flood protection and drainage for DEVELOpERS' planned
development; and
B. The required flood control facilities include construction of (i)
approximately 5,300 lineal feet of vegetated trapezoidal channel, hereinafler called "STAGE 2
CHANNEL', as shown in concept in red on Exhibit "A" attached hereto and made a part hereof,
(ii) approximately 600 lineal feet of vegetated trapezoidal channel and approximately 290 lineal
feet of rip-rapped trapezoidal channel, together hereinafter called 'STAGE 3 CHANNEL", as
shown in concept in purple on Exhibit "A", (iii) approximately 505 lineal feet of four+ell
reinforced concrete box culvert and associated inlet, hereinafter calted "CHANNEL BOX", as
shown in concept in yellow on Exhibit "A", and (iv) storm drain laterals which connect to
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srAGE 2 CHANNEL, consisting of either underground storm drains greater than thirty-six
inches (36") in diameter or of reinforced concrete boxes, located within DISTRICT or clry
held easements or rights ofway, hereinafter called ,LATERALS", as shown in concept in green
on Exhibit "A". Together, srAcE 2 CHANNEL, srAGE 3 CHANNEL, cHANNEL BoX and
LATERALS are hereinafter called "DISTRICT DRAINAGE FACILITIES,. At its downstream
terminus, srAcE 3 CHANNEL connects to cHANNEL BoX, which then connects to srAGE
2 CHANNEL, which oren connects to DISTRICTS existing paloma wash channel, as shown
in District Drawing No. 4434; and
c. Associated with the construction of srAGE 2 cHANNEL is the
consfuction of (i) a box or arch culvert at the intersection of srAGE 2 GIIANNEL with La
Piedra Road, hereinafter called "LA PIEDRA CULVERT., as shown in blue on Exhibit,'A",
and (ii) the cxpansion and extension of an existing box culvert at the intersection of Newport
Road and srAGE 2 CHANNEL, hereinafter ca[ed 'NEWPORT CULVERT,, as shown in
concept in orange on Exhibit "A". Togerher, LA PIEDRA CI.JLVERT and NEWpoRT
CULVERT are hereinafter called "ROAD CULVERTS.. ln accordance with the existing
Memorandum of Understanding between clry and DISTRICT, clry is willing to accept
ownership and maintenance responsibility for the structural integrity of RoAD CULVERTS and
DISTRICT is willing to accept maintenarce responsibility for keeping RoAD GULVERTS free
and clear of s€diment and debris; and
D. Also associated with the construction of srAGE 2 cHANNEL is the
construction ofcertain catch basins, laterals ard connector pipes located within both DISTRICT
and GITY held easements or rights of way, hereinafter called "APPURTENANCES,,. Also
associated with the construction of STAGE 3 CHANNEL is the construction of certain catch
basins, laterals and connector pipes located within both srAGE 3 CHANNEL right of way and
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GITY held easements or rights of way, hereinafter also included among "AppURTENANCES".
Those APPURTENANCES located within either srACE 2 CHANNEL or srAGE 3
CHANNEL rights of way arc included among DISTRICT DRAINAGE FACILITIES.
Together, ROAD cLJLvERTS and AppURTENANcEs tocated within cITy held easements or
rights of way are hereinafter called "clry DRAINAGE FACILITIES,. Together, DISTRICT
DRAINAGE FACILITIES and clry DRAINAGE FACILITIES are hereinafter caued
"PROJECT"; and
E. construction of pRoJECT has commenced prior to execution of this
Agreement pusuant to the terms of two, separate zught of Entry and Inspcction Agreements.
The first such agreement, hereinafter called "srAGE 2 INSPECTION AGREEMENT,', was
executed January 2, 2008, between DISTRICT, DS REALTY, DS ASSET and SR
STRUCTURED Lor oPTIoNs I LLC, a Delaware limited liability company and predecessor
in interest to srARK. The second such agreement, hereinafter called .srAGE 3 INSpEcnoN
AGREEMENT", was executed April 23,2008, between DISTRICT, DS REALTY, DS ASSET
and SR STRUCTURED LOT OPTIONS I LLC; and
F. CITY was not officially established until Ocrober l, 200g. prior to that
date, certain responsibilities that would have been performed by cITy, had clry been in
existence, were performed by either the couNTY oF RIVERSIDE TRANSPORTATION
DEPARTMENT, hereinafter called 'TRANSPORTATI0N", or the col.lNTy oF RwERSIDE
EcoNoMIC DEVELOPMENT AGENCY, through its counry Service Area No. 145,
hereinafter called "CSA 145"; and
G. DEVELOPERS and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES.
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Therefore, DIsrRIcr must review and approve DEVELOPERS, plans and specifications and
subsequently inspect the construction of DISTNCT DRAINAGE FACILITIES; and
H. DEVELOPERS and DISTRICT desire CITy to acccpt ownership and
responsibility for the operation and maintenance of clry DRAINAGE FACILITIES.
Therefore, TRANSPORTATIoN, acting prior to establishment of CITy, must review and
approve DEVELOPERS' plans and spccifications and subsequently inspect the construction of
APPURTENANCES; and
I. DEVELOPERS wish to construct STAGE 2 CHANNEL as a ,,green-belt"
facility that will accommodate passive public recrcation activities within DISTRICTS future
srAGE 2 CHANNEL right of way. DISTRICT is willing to allow public access and use of said
right of way for non-rnotorized recreation purposes provided clry is willing to (i) accept
certain maintenance responsibilities ',vithin DISTRICT,S srAGE 2 CHANNEL right of way as
set forth herein, and (ii) indemniff and hold DISTRICT harmless from any claims arising from
public's usc of DISTRICTS future STAGE 2 CHANNEL right of way; and
J. DEvELopERS and DISTRICT desire crry lo accept rcsponsibirity for
performing "routine" day to day maintenance activities within srAGE 2 CHANNEL righl of
way. Therefore csA 145, acting prior to estabtishment of clry, must rcview and approve
DEVELOPERS'plans and specifications for STAGE 2 CHANNEL; and
K. DISTRICT is wiling to (i) review and approve DEvELopERs' prans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT DRAINAGE
FACILITIES, (iii) accept owncrship and responsibility for the operation and mainlenance of
DISTRICT DRAINAGE FACILITIES, (iv) accept responsibility for keeping RoAD
cuLvERTs free and clear of sediment and debris, and (v) grant clry the right to inspect,
operate and maintain those portions of RoAD CULVERTS located within DISTRICT,S
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STAGE 2 CHANNEL right of way, provided DEVELOPERS (i) comply with rhis Agreemenr,
(ii) pay DISTRICT the amounts specified herein to cover DISTRICTS plan review and
construction inspection costs, (iii) construct PRoJEcr in accordance with plans and
specifications approved by DISTRICT and clrY and/or TRANSpORTATION and cSA 145,
acting prior to establishment of cITY, (iv) obtain all necessary permis, regulatory permis,
licenses and rights of entry as set forlh herein, (v) accept ownership and responsibility for the
operation and maintenance of PROJECT following completion of PROJECT constnrcrion until
zuch time as DISTRICT accepts ownership and responsibility for the operation and maintenance
of DISTRICT DRAINAGE FACILITIES, CITY accepts ownership and responsibiliry for the
operation and maintenance of CITY DRAINAGE FACILITIES and CITY also accepts
responsibility for routine day to day maintenance of STAGE 2 CHANNEL and for maintenance
of any recreational amenities located within DISTRICTS STAGE 2 CHANNEL right of way,
and (vi) obtain and convey to DISTRICT the necessary rights of way for the inspection,
operation and maintenance of DISTRICT DRAINAGE FACILITIES as set forth hcrcin; and
L. DISTRICT is ftuther willing to accept responsibility for kceping ROAD
CULVERTS free and clear of sediment and debris provided CITY accepts responsibility for the
ownership and structural integrity of ROAD CULVERTSI and
M. CITY is willing to (i) review and approve plans and specifications prepared
by DEVELOPERS for PROJECT, or accept plans and specifications previously reviewed and
approved by TRANSPORTATION acting prior to establishment of CITY, (ii) inspect the
construction of CITY DRANAGE FACILITIES, or accept TRANSPORTATION'S inspection
thereof acting prior to the establishment of CITY as though performed by CITY, (iii) consent to
TRANSPORTATION'S acceptance and holding of faithful performance and payment bonds
submitted by DEVELOPERS for PROJECT, (iv) grant DISTzuCT the right to inspect, opemte
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and maintain DISTRICT DRAINAGE FACILITIES within CITy rights of way, (v) granr
DISTRICT the necessary rights to remove sediment and debris from RoAD CIJLVERTS, (vi)
consent to the recordation and conveyance of lrrevocable offer(s) of Dedication fimished by
DEVELOPERS as provided herein, and (vii) accept ownership and responsibility for the
operation and maintenance of clrY DRAINAGE FACILITIES, provided pROJECT is
constructed in accordance wittr plans and specifications approved by DISTRICT and clry,
and/or TRANSPORTATION and CSA 145 acting prior to eslablishment of CITy; and
N. CITY is willing to (i) review and approve DEVELOPERS ptans and
specifications for srAGE 2 CHANNEL, or accept plans and specifications previously reviewed
and approved by csA 145 acting prior to establishment of cITy, (ii) accept responsibility for
the performance of routine maintenance of STAGE 2 CHANNEL, (iii) accept sole responsibility
for the operation and maintenance of srAGE 2 CHANNEL'S public access and recreationat
amenities provided srAcE 2 CHANNEL is constructed in accordance with plans and
specifications approved by DISTRICT and clrY, and./or TRANSpORTATION and cSA 145
acting prior to establishment of cITY, and (iv) indemnifu and hold DISTRICT harmless from
any claims arising from public's use of the proposed srAGE 2 CI{ANNEL right of way as set
forth hercin.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPERS shall:
1. Prepare PROJECT plans and specifications, as shown on District Drawing
Nos. 4-967, 4-973 and 4-983, hereinafler called "IMpROVEMENT PLANS,, in accordance
with DISTRICT and clrY, and/or TRANSPORTATION and csA 145 acting prior to
establishment of CITY, standards, and submit to DISTRICT and CITy, and./or
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TRANSPORTATION and CSA 145 acling prior to establishment of CITY, for their review and
approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by
DISTRICT to cover DISTRICT'S costs associared with the review of IMPROVEMENT
PLAl.lS, review and approval of right of way and conveyancc documents, and with the
processing and administration of this Agreement.
3. Deposit with DISTRICT (Attention: Business Oflice - Accounts
Receivable), at the time of providing written notice to DISTRICT of the start of DISTRICT
DRAINACE FACILITIES construction as set forth in Section I.8. hercin, the estimated cost of
providing construction inspcction for DISTRICT DRAINAGE FACILITIES, in an amount as
determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 ofthe
Corurty of Riverside, including any amendments thereto, based upon the bonded value of
DISTzuCT DRAINAGE FACILITIES.
4. [This Section lntentionally Left Blank.]
5. Securc, at their sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the conshuction, inspectior\ operation and
maintenance of DISTRICT DRAINAGE FACILITIES. DEVELOPERS shall furnish
DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as
set forth in Section 1.8., with suflicient evidence of DEVELOPERS having secured such
neoessary licenses, agreements, permits and rights of entry, as determined and approved by
DISTRICT.
6. Fumish DISTRICT with copies of all permits, approvals or agreements
required by any Federal or State resource and/or regulatory agency for the construction,
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operation and maintenance of DISTNCT DRAINAGE FACILITIES. such documents include
but are not limited to those issued by the U.s. Army corps of Engineers, carifomia Regionar
water Quality control Board, califomia state Department of Fish and Game and state water
Resouces Control Board,
7. Provide TRANSPORTATION, acting prior to establishment of cITy, at
the time of providing written notice to DISTNCT of the start of construction as set forth in
section I.8., with faithful performance and payment bonds, each in the amount of l0o/o of the
estimated cost for construction of DIsrRIcr DRAINAGE FACILITIES as determined by
DISTRICT. The surety, amount and form of the bonds sha bc subject to the approvar of
DISTRICT and TRANSpoRTATIoN, acling prior to esrablishmenr of crry. The bonds sha[
remain in frrll force and effect until DISTRICT DRAINAGE FACILITIES are accepted by
DISTRICT as completei at which time the bond amount may be reduced to l0% for a period of
one year to guarantee against any defective work, labor or materials.
8' Notify DISTzucr in writing (Attention: Adminishative services section),
at least twenty (20) days prior to the start of construction of DISTRIGT DRAINAGE
FACILITIES. construction shall not begin on any element of DISTNCT DRAINAGE
FACILITIES, for any reason whatsoever, until DISTRICT has issued to DEVELopERS a
written Notice to Proceed authorizing DEvELopERS to commence construcrion of DISTRICT
DRAINAGE FACILITIES.
9. Grant DISTRICT, by execution of this Agreement, the right to enter upon
DEVELOPERS' property where necessary and convenient for the purpose of gaining access to,
and performing inspection service for, the construction of DISTRICT DRAINAGE
FACILITIES as set forth hmein.
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10. Obtain and provide DISTRICT, at the timc of providing wdtten notice to
DISTRICT of the start of construction of DISTRICT DRAINAGE FACILITIES as ser forth in
Section I.8., with duly executd Irrcvocablc Ofrers(s) of Dedication to the public for flood
control and drainage purposes, including ingress and egress, for the rights of way deemed
nccessary by DISTRICT for the constnrction, inspection, operation and maintenance of
DISTRICT DRAINAGE FACILITIES, as shown in concept cross-hatched in blue, green, purple
or red on Exhibit 'B' attached hereto and made a part hereof. The lrrevocable Offcr(s) of
Dedication shall be in a form approved by DISTNCT and shall be executed by all legal and
equitable owners of the property described in the offe(s).
I l. Fumish DISTRICT, when submitting the Irrevocablc Offe(s) of
Dedication as set forth in Section I.10., with Preliminary Reports on Title dated not more than
thirty (30) days prior to date of submission of all the property described in the Inevocable
Offe(s) of Dedication.
12. Fumish DISTNCT, at the time of providing written notice to DISTRICT of
the start of construction as sel forth in Section I.8., with a complete list of all contractors and
subcontractors to be performing work on DISTRICT DRAINAGE FACILITIES, including the
corresponding license number and license classification ofeach. At such time, DEVELOPERS
shall further identify in writing their designated superintendent for DISTRICT DRAINAGE
FACILITIES construction.
13. Fumish DISTRICT, at the time of providing written notice to DISTRICT of
lhe st8rt of construction as set fo(h in Section [.8., a construction schedule which shall show the
order and dates in which the DEVELOPERS or DEVELOPERS' contractor proposes to carry on
the variow parts of work, including estimated start and completion dates. As construction of
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DIsrRIcr DRAINAGE FACILITIES progresses, DEVELopERs shall update said
construction schedule as requested by DISTRICT.
14. Fumish DISTRICT with final mylar IMpROvEMENT PLANS and assign
their ownership to DISTRICT at the time DlsrRlcr approves and signs said final mylar
IMPROVEMENT PLANS, and prior to rhe start of DISTRICT DRAINAGE FACILITIES
constnrction.
15. Not permir any change ro or modification of the IMpROvEMENT PLANS
without the prior written permission and consent of DISTRICT.
16' comply with all cauosHA safety regulations incruding regurations
conceming confined space and maintain a safe working environment for DEVELopERS and
DISTFJCT employees on the site.
17. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construclion as set forth in section I.g., a confined space entry procedure specific to
DISTRICT DRAINAGE FACILITIES. The procedure shail comply with requirements
contained in califomia code of Regulations, Title g section 515g, other confined space
operations, section 5157, Permit Required confined space and DISTRICT confined Space
Procedures, soM- I 8. The procedure shal I be reviewed and approved by DISTRICT prior to the
issuance of a Notice to Proceed.
18. During the consruction period of DTSTRICT DRAINAGE FACILITIES,
provide workers' compensation lnsurance in an amount required by law. A ce(ificate of said
insurancc policy shall be provided to DISTRICT and clry, and/or TRANSpORTATIoN and
csA 145 acting prior to establishment ofcITy, at the time ofproviding written notice pursuant
to Section I.8,
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19. Commencing on the date notice is given pu$uant to Section I.8. and
continuing until DISTRICT acceps DISTRICT DRAINAGE FACILITIES for opoation and
maintenance:
(a) Provide and maintain or cause their contractor(s) to provide and
maintain comprehensive liability insurancc coverage which shall
protect DEVELOPERS from claim from damages for personal
ir{ury, including accidental and wrongfirl death, as well as from
claims for property damage which may arise from DEVELOPERS'
consEuction of PROJECT or the performance of their obligations
hcreunder, whether such construction or performance be by
DEVELOPERS, by any of their contractors, subcontractors, or by
anyone employed directly or indirectly by any of them. Such
insurance shall name DISTRICT, the County of Riverside and CITY
as additional insureds with respect to this Agreement and the
obligations of DEVELOPERS hereunder. Such insurance shall
provide for limits of not less than t'wo million dollars ($2,000,000)
per occurrence.
O) Cause their insurance carrie(s) or their contracto/s insurance
carrie(s), who shall be authorized by the Califomia Department of
Insurance to transact the business of insurance in the State of
Catifomia, to fumish DISTRICT and CITY, and/or
TRANSPORTATION and CSA 145 acting prior to establishment of
CITY, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section I.8., with ce(ificate(s) of
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insurance and applicable policy endorsements showing that such
insurance is in full forcc and effect and that DISTRICT, the County
of Riverside and CITY are named as additional insureds with respect
to this Agreement and the obligations of DEVELOpERS hereundEr.
Further, said certificate(s) shall state that the issuing company shall
give DISTRICT and ClTy, and/or TRANSpORTATION and CSA
145 acting prior to establishment of CITy, sixty (60) days written
notice in the eyent of any cancellation, termination, non_renewal or
reduction in coverage of the policies evidenccd by the certificate(s).
In the event of any such cancellatiorl termination, non-renewal or
reduction in coverage, DEVELOPERS shall, forthwith, secure
replacement insurance meeting the provisions of this paragraph.
Failure to maintain the insurance required by this paragraph shall be
dcemed a material breach of this Ageement and shall authorize and constitute authority for
DIsrRIcr, at its sole discrction, to proceed to perform the remaining work pursuant to Section
v.3.
20. Construct, or cause to be constructed, PROJECT at DEVELOpERS,sole
cost and expense in accordance witb DISTRICT atrd cITy, and./or TRANSpORTATION and
CSA 145 acting prior to establishment of CITY, approved IMPROVEMENT PLANS.
21. Within two (2) weeks of completing PROJECT constmction, provide
DISTRICT with written notice (Attention: contract Administration section) that PRoJECT
construction is substantially complete and requesting lhat DISTNCT conduct a final inspection
of DISTRICT DRAINAGE FACILITIES.
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22. Upon completion ofPROJECT construction, and upon acceptance by CITY
of all street rights of way deemed neceisary by DISTRICT and CITY for thc operation and
maintenance of PROJECT, but prior to DISTRICT acc€ptance of DISTNCT DRAINAGE
FACILITIES for ownership, op€ration and maintenance, convey or cause to be conveyed to
DISTRICT (D Aood contol eaiement(s), including ingress and egress, in a form approved by
DISTRICT, for the rights of way as shown in concept cross-hatched in green and in red on
Exhibit "B", (ii) ingress and egress easement(s), in a form approved by DISTNCT, for the
rights of way as shown in concept cross-hatched in purple on Exhibit'8", and (iii) fee simple
title, in a form approved by DISTNCT, for the rights ofway as shown in concept cross-hatched
in blue on Exhibit '8".
23. At the time of recordation of the conveyance document(s) as set forth in
Sections I.22.(i) and l.22.(ii), turnish DISTRICT with policies of title insurance, each in the
amount of not less than fifty percent (50%) of the estimated fee value, as determined by
DISTRICT, for each easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICTS
interest in said property as being free and clear of all liens, encumbrances, assessments,
easements, taxes and leases (recorded or unrecorded), except those which, in the sole discretion
of DISTRICT, are deemed acceptable.
24. At the time of recordation of the conveyance document(s) as set forth in
Section L22.(iii), fumish DISTRICT with policies of title insurance, each in the amount of not
less than one hundred percent (100%) of the estimated fee value, as determined by DISTRICT,
for each fee parcel to be conveyed to DISTUCT, guaranteeing DISTRICTS interest in said
prope(y as being free and clear of all liens, encumbrances, assessmenls, eas€ments' taxes and
leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are
deemed acceptable.
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124193 6
25. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility for
operdlion and maintenance of DISTRICT DRAINAGE FACILITIES, and (ii) clry accepts
ownership and responsibility for operation and maintenance of cmy DRAINAGE
FACILITIES and also accepts responsibility for the operation and maintenance of STAGE 2
ctIANNEL's public access and recreational amenities. Further, it is mul.ually understood by the
parties hereto that prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTRICT DRAINAGE FACILITIES, PROJECT shail be in a
satisfactorily maintained condition as solely determined by DISTRICT.
26. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of DISTNCT DRAiNAGE FACILITIES, all costs and reasonable expenses and
fees, including reasonable attomeys' fees, and acknowledge thal upon entry of judgnent, all
such costs, expenses and fees shall be computed as costs and included in any judgment
rendered.
27. Upon completion of construction of pROJECT, but prior to DISTRICT
acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance,
DEVELOPERS'civil engineer ofrecord or construction civil engineer ofrecord, duly registered
in the State of California, shall provide DISTRICT a redlined ',as-built,' copy of
IMPROVEMENT PLANS. After DISTRICT approval of the redlined "as-built" drawings,
DEVELOPERS' engineer shall schedule with DISTRICT a time to transfer the redlined changes
onto DISTRICTS original mylars at DISTRICT'S office, after which the engineer shall review,
starnp and sign the original IMPROVEMENT PLANS .AS-BUILT..
28. Ensure that all work pcrformed pursuant to this Ageement by
DEVELOPERS, their agents or contractors is done in accordance with atl appticable laws and
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regulations, including but not limited to all applicable provisiors of the Labor Code, Business
and Professions Code, and Water Code. DEVELOPERS shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTNCT shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
DISTRICT DRAINAGE FACILITIES construction.
2. Provide CITY, and/or TRANSPORTATION and CSA 145 acting prior to
establishment of CITY, an opportunity to review and approve IMPROVEMENT PLANS prior
to DISTRICTS final approval.
3. Upon execution of this Ageement, record or cause to be recorded, a copy
of this Agreement in the Offrcial Records of the fuverside County Recorder.
4. Record or cause to be recorded, the Irrevocable Offe(s) of Dedication
provided by DEVELOPERS pursuant to Section I.10.
5. Inspect DISTRICT DRAINAGE FACILITIES construction.
6. Keep an accurate accounting of all DISTRICT costs associated with the
review and approval of IMPROVEMENT PLANS, the review and approval of right ofway 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) days after DISTRICT acceptance of DISTRICT DRAINAGE
FACILITIES as being complete, submit a final cost statement to DEVELOPERS. If the deposit,
as set forth in Section L3. exceeds such costs, DISTRICT shall reimburse DEVELOPERS the
excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT DRAINAGE
FACILITIES as being complete. If at any time lhe costs exceed the dcposit or are anticipated
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by DISTNCT lo exc€ed the deposit, DEVELOPERS shall pay such additional amounr(s), as
deemed reasonably necessary by DISTRICT to complete inspection of DISTRICT DRAINAGE
FACILITIES, v/ithin thirty (30) days after receipt of billing from DISTRICT.
8. Acc€pt ownership and sole rcsponsibility for tbe operation and maintenance
of DISTRICT DRAINAGE FACILITIES upon (i) DISTRJCT accepraDce of PROJECT
cons&uction as b€ing complete, (ii) recordation of all conveyance documents described in
Section I.22., and (iii) acceptance by CITY of all nec€ssary street rights of way as deemed
neressary by DISTRICT and CITY for the operation and mainrenance ofPROJECT.
9. Upon acceptance by CITY ofROAD CULVERTS for ownership, operation
and maintenance, accept sole responsibility for keeping ROAD CULVERTS free and clear of
sediment and debris.
10. Grant CITY, by execution of this Ageement, the right to construct, inspect,
operate and maintain structural integrity of portions of ROAD CULVERTS located within
DISTRICT'S STAGE 2 CHANNEL right of way.
I l. Grant CITY, by execution of this Agreemenl, the necessary rights to enter
upon DISTNCTS STACE 2 CHANNEL right of way for the purpose of performing its
maintenance responsibilities as set forth herein.
12. Accept sole responsibility for maintaining STAGE 2 CHANNEL'S line,
gade and apputcnant strucfires such that STAGE 2 CHANNEL functions as a flood conhol
facility at its design level.
13. Provide CITY with reproducible duplicate copies of
IMPROVEMENT PLANS upon DISTRICT acccptance of DISTRICT DRAINAGE
FACILITIES as being complete.
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SECTION III
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CITY, and/or TRANSPORTATION acring prior to establishment of CITY, shall:
l. Review and approve MPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept the TRANSPORTATION, acting prior to establishment of CITY,
and DISTRICT approved faithful performance and payment bonds submiued by
DEVELOPERS as s€t forth in Section I.7., and hold said bonds as provided herein.
3. Inspect constsuction of CITY DRAINAGE FACILITIES.
4. Consent, by execution of this Agreement, to the recording of any
Irrrvocable Offe(s) of Dcdication fumished by DEVELOPERS punuant to this Agrcement.
5. As requested by DISTRICT, accept the Irrevocable Offe(s) of Dedication
as set forth herein, and any other outstanding offers ofdedication necessary for the construction,
inspectioq operation and maintenance of DISTRICT DRAINAGE FACILITIES, and convey
sufticient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and
maintain DISTRICT DRAINAGE FACILITIES.
6. Crrart DISTRICT, by execution of this Agrcement, (i) the right to construct,
inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way,
and (ii) the necessary rights to keep ROAD CULVERTS frec and clear ofsediment and debris,
7. Accept ownership and sole responsibility for the operation and maintenance
of AIPURTENANCES upon completion of construction and DISTzuCT acceptance of
DISTRICT DRAINAGE FACILITIES as being complete.
8. Upon CITY acceptance of ROAD CULVERTS construction as being
complete, accept ownership and responsibility for the structural integrity of ROAD
CULVERTS.
SECTION IV
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124193 5
CITY, and/or CSA 145 acting prior to establishment of CITY, shall:
l. Review and approve IMPROVEMENT PLANS for STAGE 2 CHANNEL
prior to the start of PROJECT constnrction.
2. Inspect construction of STAGE 2 CHANNEL.
3. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership,
operation and maintenance, accept sole responsibility for routine day to day maintenance of
STAGE 2 CHANNEL including but not limited to, removal of trash and debris, pcrforming
graffiti removal and vegetation control including .rny necessary mowing, cutting and weed
abatement associated therewith.
4. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership,
operation and maintenance, accept sole responsibility for maintenance of any recreational
amenities located within DISTRICTS STAGE 2 CHANNEL right of way including but not
limited to, repairing and/or replacing pathways, access roads, inigation works, landscape
maintenanc€ and the routine removal of accumulated litter, trash and debris associated with
public's usc of STAGE 2 CIIANNEL right of way.
5. Not cause any change to or modification within DISTzuCTS STAGE 2
CHANNEL right of way without obtaining the prior written permission and consent of
DISTRICT.
6. Cease any interfering use within DISTRICTS STAGE 2 CHANNEL right
of way upon receipt of a wrinen notification from DISTRICT in the event DISTRICTS General
Manager-Chief Engineer determines that such use of DISTRICTS STAGE 2 CHANNEL right
of way in any way interferes with STAGE 2 CHANNEL primary purpose and function.
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7. Recognize that STAGE 2 CHANNEL is an active watercoulse an4 hence,
DISTRICTS STAGE 2 CHANNEL right of way will be subject to periodic flooding, flood
hazards and possible flood damage.
8. Assume alt liability in conjunction with the public's use of DISTNCTS
STAGE 2 CHANNEL right of way including claims of third persons for injury or dearh or
damage to property. Said obligation shall not include any inverse condemnation liability of
CITY by reason of location of STAGE 2 CHANNEL or DISTNCT'S improvements thereto
unless such liability is the result of public's use of the pmpe(y pursuant to CITY'S actual or
tacit consent.
9. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership,
operation and maintenance, acr€pt sole responsibility for providing public security and safety in
conjunction with the public's use of DISTRICTS STAGE 2 CHANNEL right of way.
10. Ensure the safety of all persons who may use DISTNCTS STAGE 2
CTIANNEL right of way by conducting regular safety inspections and promptly repairing any
darnage to DISTRICTS STAGE 2 CHANNEL right of way that may be necessary to ensure the
safety ofthe public.
11. Repair any damage to DISTRICT'S STAGE 2 CHANNEL right of way
resulting from CITY'S or the public's use thereof.
SEETION V
It is further mutually agreed:
l. All work involved with DISTRICT DRAINAGE FACILITIES shalt be
inspected by DISTRICT and shall not be deemed complete until approved and accepted in
writing as complete by DISTRICT.
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2. CITY, and/or TRANSPORTATION acting Prior to establishment of CITY'
and DEVELoPERS personnel may observe and inspect all work being done on DISTNCT
DRAINAGE FACILITIES but shall provide any comments to DISTRICT personnel who shall
be solely responsible for all quality control communications with the DEVELOPERS'
contsacror(s) during the construction of DISTNCT DRAINAGE FACILITIES. CITY, and/or
CSA 145 acting prior to the establishment of CITY, personnel may observe and inspect all work
being done on STAGE 2 CHANNEL, but shall provide any comments to DISTRICT personnel
who shall be solely responsible for all quality control communications with the DEVELOPERS'
contracto(s) during the construction of STAGE 2 CHANNEL.
3. DEVELOPERS shall complete construction of DISTRICT DRAINAGE
FACILITIES within twelve (12) consecutive months after execution of this Agreement and
within one hundred eighty (180) consecutive calendar days after commencing work on
DISTRICT DRAINAGE FACILITIES. It is expressly understood that since time is of the
essence in this Agreement, failure of DEVELoPERS to perform the work within the agreed
upon time shall constitute authority for DISTfuCT to perform the remaining work and require
DEVELOPERS' surety to pay to cITY and,/or TRANSPORTATION the penal sum of any and
all bonds. In which case, CITY and/or TRANSPORTATION shall subsequently reimburse
DISTRICT for DISTRICT costs incurred.
4. DEVELOPERS shall not request DISTRICT to accept any portion or
portions of DISTRICT DRAINAGE FACILITIES or CITY to accePt any portion or portions of
CITY DRAINAGE FACILITIES or CITY to accept any portion of recreational amenities for
ownership, operation and maintenanc€ pdor to the completion ofPROJECT construction.
5. DISTRICT shall endeavor to issue DEVELOPERS a Notice to Proceed
within twenty (20) days of receipt of DEVELOPERS' complete written notice as set forth in
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Section I.8.; however, DISTRICTS construction inspection staff is limited and, therefore, the
issuance of a Notice to Proceed is subject to staff availability.
In the event DEVELOPERS wish to expedite issuance of a Notice to
Proceed, DEVELOPERS may elect to fumish an independent qualified consEuction inspeclor at
DEVELOPERS' sole cost and expense. DEVELOPERS shall fumish appropriate
documentation of the individual's credentials and experience to DISTRICT for review and, if
appropriate, approval. DISTzuCT shall review the individual's qualifications and experience
ard, upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall
be authorized to act on DISTRICTS behalf on all DISTRICT DRAINAGE FACILITiES
construction and quality control matters. If DEVELOPERS' initial construction inspection
deposit fumished pursuant to Section L3. exceeds ten thousand dollars ($10,000.00), DISTRICT
shall refund to DEVELOPERS up to eighty percent (80%o) of DEVELoPERS' initial inspection
deposit within forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR;
however, a minimum balance often thousand dollars ($10,000.00) shall be retained on account.
6. DISTRICT DRAINAGE FACILITIES construction work shall be on a five
(5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT
designated legal holidays, unless otherwise approved in writing by DISTRICT. If
DEVELOPERS feel it is necessary to work more than the normal forty (40) hour work week or
on holidays, DEVELOPERS shall make a written request for permission from DISTNCT to
work the additional hours. The request shall b€ submitted to DISTRICT al least seventy-two
(72) hours prior to the requested additional work hours and state the reasons for the overtime
and the specific time ftames required. The decision of granting permission for ove(ime work
shall be made by DISTRICT at its sole discretion and shall be final. If permission is granted by
DISTRICT, DEVELOPERS will be charged the cost incurred at the ovenime rates for
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additional inspection time required in connection with the overtime work in accordance with
Ordinance Nos. 671 and749, including any amendments thereto, ofthe County of Riverside.
7. DEVELOPERS shall indemnify and hold harmless DISTRICT, the County
of Riverside and CITY (including their agencies, districts, special districts and departments,
their respective directors, officers, Board of Supcrvisors, elected and appointed offrcials,
employees, agents and representatives) fiom any liability, claim, damage, proceeding or action,
prEsent or futue, based upon, arising out of or in any way relating to DEVELOPERS'
(including their oIlicers, employees, subcontractors and agents) actual or allcged acts or
omissions related to this Agreement" performance under this Agreemenl, or failure to comply
with the requirements of this Agreement, including but not limited to: (a) property damage; (b)
bodily injury or death; (c) liability or damage pursuant to Article I, Section 19 of the Califomia
Constitutio& the Fifth Amendment of the United States Constitution or aoy other law, ordinance
or regulation caused by the diversion of waters from the nanral drainage patterns or the
discharge ofdrainage within or from PROJECT; or (d) any other element ofany kind or naturre
whalsoever.
DEVELOPERS shall defend, at their sole exp€Dse, including all costs and
fees (including but not limited to attorney fees, cost of investigation, defense and settlements or
awards), DISTRICT, tbe County of Riverside and CITY (including their agencies, districts,
spocial districts and departments, their respective directors, officers, Board of Supervisors,
electcd and appointed officials, employees, agents and representatives) in any claim, proceeding
or action for which indemnification is required.
With respect to any of DEVELOPERS' indemnification requirements,
DEVELOPERS shall, at their sole cost, have the right to use counsel of their own choice and
shall have the right to adjust, settle, or compromise any such claim, poceeding or action
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121193 -6
without the prior consent of DISTRICT or the County of Riverside or CITY; provided,
howcver, that any zuch adjustmen! settlement or compromise in no manner whatsoever limits or
circumscrib€s DEVELOPERS' indemnification obligations to DISTRICT or the County of
Nverside or CITY.
DEVELOPERS' indemnification obligations shall be satisfied when
DEVELOPERS have provided to DISTRICT or the County of Riverside or CITY the
appmpriate form of dismissal (or equivalent document) relieving DISTRICT or the County of
Riverside or CITY from any liability for the claim, proceeding or action involved.
The specifred insurance limits required in this Agreement shall in no way
limit or circumscribe DEVELOPERS' obligations to indemnifu and hotd harmtess DISTRICT or
the County of Riverside or CITY from third party claims.
In the event there is conflict between this section and California Civil Code
Section 2782, this section shall be interpreted to comply with civil code section 2782. such
interpretation shall not relieve the DEVELOPERS from indemnifying DISTRICT or the County
of Riverside or CITY to the fullest extent allowed by law.
8. Any waiver by DISTRICT or CITY 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 DISTRICT or CITY to
require exact, fult and complete compliance with any terms of this Ageement shatl not be
construed as in any manner changing the terms hereof, or estopping DISTzuCT or CITY from
enforcement hereof.
9. DISTRICT and CITY each pledge to cooperate in regard to the operation
and maintenance of their respective facilities as set forth herein and to discharge their respective
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124193 5
maintenance responsibilities in an expeditious fashion so a.s to avoid the crcation of any
nuisance condition or undue maintenance impact upon the others' facilities.
10. This Agreement is to be corstnred in accordance with the laws of the State
of Califomia.
ll. Any and all nolices sent or required to be sent to the parties of this
Agrecment will be mailed by first class mail, postage prepaid, to the following addresses:
RTVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Sreet
Riverside, CA 92501
DONAHUE SCHRIBER ASSET
MANAGEMENT CORPORATION
200 E. Baker Street, Suite 100
Costa Mesa, CA 92626
STARK MENIFEE LAND LLC
c/o Regent Properties
I 1990 San Vicente Blvd., Suite 200
Los Angeles, CA 90049
Attn: Matthe\ry Levy
DONAHUE SCHzuBER REALTY
GROUP, L.P.
200 E. Baker Sreet, Suite 100
Costa Mesa, CA 92626
CITY OF MENIFEE
29714 Haun Drive
Meni
Attn:
fee,
Ci
cA 92lL't
ty Manager
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 Ageement, shall be hied in a court of
competent jurisdiction in the County of Riverside, State of Califomia, and thc parties hercto
waive all provisions of law providing for a change of venue in such proccedings to any other
county.
13. This Agreement is the resuh of negotiations between the parties hereto, and
the advice and assistance of their respective counsel. The fact that this Agreement was prepared
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTzuCT
prepared this Agreement in its {inal form.
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t24t93 6
14. The riehts and obligations of DEVELOPERS shalt inure to and be binding
upon all hets, successoni and assignees.
15. DEVELOPERS shall not assign or otherwise transfer any of their rights,
duties or obtigations hereunder to any person or entity without the written consent of the other
parties hereto being fint obtained. In the event of any such transfer or assignment'
DEVELOPERS expressly understand and agree that they shall remain liable with rcspect to any
and all of the obligations and duties contained in this Agreement.
16. The individual(s) executing this Agreement on behalf of DEVELOPERS
hereby certiff that they have the authority within their respective company(ies) to enter into and
execute this A$eement, 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 respective
company(ies) which have the authority to authorize or deny entering this Agreement.
lT.ThisAgreementisintendedbythepartiesheretoasafinalexpressionof
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous sgleements and understandings, oral or written, in connection lherewith' This
Agrcement may be changed or modified only upon the written consenl ofthe parties hereto.
2'l
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B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
(to be frlled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD COMROL
AND WATER CONSERVATION DISTRICT
/B
q"General Manager-Chief Engineer
D. WILL A Y,
Rivenide County Flood Control and ater
Conservation District Board of Sup€rusors
APPROVED AS TO FORM:
PAMELAJ. WALLS
County
Deputy County
S
ATTEST:...."""..:.'
KECIA HAiPEB,IHEM:
Clerk of the Board
.I
(SEAL) "
"-.........': ':...
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Cooperative Agreement: PM 34275
6/08/09
JPS:blj
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r24r93 6
RECO FORE
By
GEO
City
APPROVED AS TO FORM:
VAL:CTTY OF MENIFEE
t"DBy
w
Mayor
AfiEST:
KATHY BENNETT
City Clerk
By
(SEAL)
'r""',,.
ERTON
By d.ru-h-t
City Attomey
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Cooperative Agreement: PM 34275
6t08109
JPS:blj
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t74191 6
Cooperative Agreement: PM 34275
6104t09
STARK MENIFEE LAND LLC,
a Wisconsin limited liability company
By:STARK OFFSHORE MANAGEMENT LLC,
a Wisconsin limited liability company,
Its Manager
By
Name
Print Title
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
(STGNATURES CONTTNUED ON FOLLOWTNG PAGE)
JPS:
-28-
STATE OF Wisconsin
COIJNTY OF ilwaukee
)
On
Public,nally
before me,
a
Notary
aBB-8857607
r"/?3/?80s QA'Oga
30 of 46
personally known to me (to be the
ubscribed to the within instrument and acknowledged toperson(1) whose name({) is/er+ s
me that h€/she/tl€}rexecuted the same in hi6/her/thdr authorized capacity(iee)' and that
by hi'#her/th+ir+igna on the instrument the person(q) or the entity upon behalfoftureQ
acted,which their person(Q executed the rnslrument
WI1NESS my hand and offrcial seal
Signalulc
My Commission Expires; Fcb.uarv 14.2010
(Seal)
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LB
Print Name Mrrk L. Whltflctd
Erecutive Vicc Pr.ildc{f
Print Title
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
By
Jen6t L. Petersen
Vice
Print Title
(ATTACHNOTARY WITH
CAPACITY STATEME}{T)
Print Name Me L. Whitfield
Print Titlc Erecutive Vice Prosident
eot - Development Serv
DONAHUE SCHRIBER ASSET
MANAGEMENT CORPORATION,
a Delawarc corporation
Cooperative Agreement: PM 34275
6t04t09
JPS:
By
(ATTACH NOTARY WITH
CAPACITY STATEMENT)
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(ATTACH NOTARY WITH
CAPACITY STATEMENT)
am€ ianel L. Peterson
Vlce Pr€sident - Developmont S€rvlcas
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DONAHUE SCHRIBER REALTY GROUP, L.P.,
a Delaware limited partnership
By:DONAHUE SCHRIBER REALTY GROUP, tNC.,
a Maryland corporation,
Its General Partner
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
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On July 8,2009, before me, Wendy MacAulay, Notary Public, p€rsonally appeared
Mark L. Whitfield and Janet L. Petersen, who proved to me on thc basis of satisfactory evidence
to be th€ persons whose names are subscribed to the within inslrum€nt and acknowledged to me
that they executed the same in their authorized capacity, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
I certifu undcr PENALTY OF PERJURY undcr the laws of the State of Califomia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
\-l
Wendy MacAu
Notary Public in and for said
County and State
My Commission No. I 599091
My Commission Expires 08/30/2009
ACI(.(\OWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
ss
)
)
)
On July 8,2009, before me, Wendy MacAulay, Notary Public, personally appeared
Mark L. Whitfield and Janct L. Petersen, who proved to me on the basis of satisfactory evidence
to be th€ persons whose names are subscribed to the within instrument and acknowledged to me
tiat they executed the same in their authorized capacity, and that by their signatures on the
instrument the persons, or the entity upon behalf of which thc petsons acted, eKecuted the
instrument,
I certi! under PENALTY OF PERJURY under the laws of the State of Califomia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Wendy MacAu
Notary Public in and for said
County and State
My Commission No. 1599091
My Commission Expires 08/302009
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COUNTY OFRTVERSIDf,
ASSESSOR-COI'NTY CLERK-R-ECORDER
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CERTIFICAT!ON
Pursuant to the provisions of Government Code 27361.7, I certify under the penal$ of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or tvpe the paoe numbe(s) and wordino below):
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LARRYw'WARI)
COI]NTY OFRIVERSIDE
ASSESSOR.COTJNTY CLERK-R.E CORDER
wwwrivcrsidclar com
CERTIFICATION
Pursuant to the provisions of Governrnent Code 27361.7 , I certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or tvpe the Daqe numbe(s) and wordino below):
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Date:
Signature:
Print Name
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LARRY W. WARD
COUNTY OF RIVERSIDI]
ASSESSOR.COUNTY CLERK.RECORDER
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Pursuant lo the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
Numbered Sheet 26:
zuVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT CALIFORINA 1945 (seal)
Numbered Sheet 27:
CITY OF MENIFEE CALIFORNIA
CORPORATE SEAL OCT I 2008 CALIFORNIA (seal)
Date:
Signature:
Print Name: Ami Urista
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CERTlFICAT!ON
(Print or Woe the paqe number(s) and wordino below):
p narUeeHomes
July 1, 2009
Mr. George Wentz
City Manager
City of Menifee
29683 New Hub Drive, Suite C
Menifee, CA 92586
RE: Paloma Wash Channel Cooperative Agreement / Landscape Mainlenance
Dear Mr. Wentz:
Enclosed is a check in the amount of $ 125,000. Per our recent discussions, these
funds are intended to offset approximately S-years of landscape maintenance costs that
you will incur on Haun Road, Newport Road, and the Paloma Wash Channel bike paths
pursuant to the Riverside County Flood Control and Water Conservation District's
Cooperative Agreement that you have agreed to sign on behalf of the City of Menifee. lt
is my understanding that you plan to form a landscape maintenance district at some
future date that will assume these landscape maintenance responsibilities.
Thank you for your cooperation in getting the subject Cooperative Agreement signed. lf
you have questions or need my help in any way, please don't hesitate to call me at
31 0-948-421 0 (mobile),
Sincerely,
John Arvin, P.E.
Sr. Vice President, Land Development
10880 Wilshire Blvd .Suite'1900. Los Angeles . Calilornia . 90024 ' (310)475-3525 . Fax: (310)446-1 93
Jtuia
* ), * ** 125, 000DOLLARS AND 00,/00
CITY OF MENIFEE
29683 NElt ntB DR.
MENIFEE, CA 92585
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455078060909517 MENTFEE 6/3A/09 125000.00
125000.00
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6/30/2009 257 469'1
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