Fidelity National Title Company
4400 MacArthur Blvd, Suite 200 • Newport Beach, CA 92660
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requ ires that all funds be available for withdrawal as a matter of ri ght by the title entity's escrow and/or sub escrow account prior to disbursem ent of any funds. Only cash or wire transferred funds can be given immedia te availability upon deposit. Cashier's checks, teller's checks and Cert ified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subj ect to mandatory holding periods which may cause material delays in disburse ment of funds in this escrow. In order to avoid delays, all fundings shou ld be wire transfer.
Outgoing wire transfers will not be authorized unti l confirmation of the respective incoming wire transfer or of availabilit y of deposited checks.
Deposit of funds into general escrow account unless instructed otherwise. You may instruct Escrow Holder to deposi t your funds into an interest bearing account by signing and returning t he "Escrow Instructions - Interest Bearing Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow tr ust accounts, which include both non-interest bearing demand accounts a nd other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insuranc e Corporation (the “depository institutions”) and may be transferred t o other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A general escrow trust acc ount is restricted and protected against claims by third parties and credi tors of Escrow Holder and its affiliates.
Receipt of benefits by Escrow Holder and affiliates . The parties to this escrow acknowledge that the maintenance of suc h general escrow trust accounts with some depository institutions may resu lt in Escrow Holder or its affiliates being provided with an array of bank ser vices, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Ins urance Code Section 12413.5. Escrow Holder or its affiliates also may e lect to enter into other business transactions with or obtain loans for inve stment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits.
Said funds will not earn interest unless the instru ctions otherwise specifically state that funds shall be deposited in an interest-bearing account.
All disbursements shall be made by check of Fidelity National Title Company . The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit prov ided by the Federal Deposit Insurance Corporation. Any instruction for bank wir e will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to p lace said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost intere st due to wire delays caused by any bank or the Federal Reserve System, a nd recommends that all parties make themselves aware of banking regulation s with regard to placement of wires.
In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative met hod of disbursement.
WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION,
FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARI NG
ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE
PLACEMENT.
2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on la st available tax statement, rental statement as provided by the Seller, benefic iary's statement and fire insurance policy delivered into escrow for the prorations provided for herein.
3. SUPPLEMENTAL TAXES
The within described property may be subject to sup plemental real property taxes due to the change of ownership taking place through this escrow. Any supplemental real property taxes arisin g as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS IS SUED AFTER CLOSE
OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER
AND SELLER.
4. UTILITIES/POSSESSION
Transfer of utilities and possession of the premise s are to be settled by the parties directly and outside escrow.
5. PREPARATION AND RECORDATION OF INSTRUMENTS
Escrow Holder is authorized to prepare, obtain, rec ord and deliver the necessary instruments to carry out the terms an d conditions of this escrow and to order the policy of title insurance to be is sued at close of escrow as called for in these instructions. Close of escrow s hall mean the date instruments are recorded.
6. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instr uctions, supplements, amendments, notices of cancellation an d closing statements, to the Real Estate Broker(s) and Lender(s) named in th is escrow.
7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. Y ou shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS WRITTEN
OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE B Y A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH
DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH
NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION
CHARGES. If written objection is filed, you are aut horized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction.
8. PERSONAL PROPERTY
No examination or insurance as to the amount or pay ment of personal property taxes is required unless specific ally requested. By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any “Bulk Sales” requirements, and instruct Escr ow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding “Bulk Sales” being handled through escrow.
9. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon ten (10) days written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who de posited them and Escrow Holder shall have no liability hereunder.
10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD
INSURANCE POLICIES
Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments o f interest in any insurance policy (other than title insurance) called for in t his escrow, forward assignment and policy to the insurance agent, reque sting that the insurer consent to such transfer and/or attach a loss payab le clause and/or such other endorsements as may be required, and forward such p olicy(s) to the principals entitled thereto. It is not your respons ibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow.
Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon exp iration or otherwise keep it in force either during or subsequent to the clos e of escrow. Cancellation of any existing hazard insurance policies is to be han dled directly by the principals, and outside of escrow.
11. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate the ir several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay y our cancellation charges and costs, expenses and reasonable attorney's fees whic h you are required to expend or incur in such interpleader action, the am ount thereof to be fixed and judgment therefor to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharge d from all obligations imposed by the terms of this escrow or otherwise.
1401
12. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within s ix (6) months after the “time limit date” as set forth in the esc row instructions or written extension thereof, your agency obligation shall ter minate at your option and all documents, monies or other items held by you sh all be returned to the parties depositing same. In the event of cancellati on of this escrow, whether it be at the request of any of the principals or other wise, the fees and charges due Fidelity National Title Company , including expenditures incurred and/or authorized shall be borne equally by the par ties hereto (unless otherwise agreed to specifically).
13. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions, you a re to take no action in connection with this escrow until non-con flicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above).
14. DELIVERY/RECEIPT
Delivery to principals as used in these instruction s unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact informatio n provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and sta tements due to the undersigned may be delivered to the contact informa tion shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein.
15. STATE/FEDERAL CODE NOTIFICATIONS
According to Federal Law, the Seller, when applicab le, will be required to complete a sales activity report that w ill be utilized to generate a 1099 statement to the Internal Revenue Service.
Pursuant to State Law, prior to the close of escrow , Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holde r for submission to the County in which subject property is located, upon r ecording of the Grant Deed, Buyers acknowledge that the applicable fee wi ll be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow.
16. NON-RESIDENT ALIEN
The Foreign Investment in Real Property Tax Act (FI RPTA), Title 26 U.S.C., Section 1445, and the regulations thereunder, provide in part, that a transferee (buyer) of a U.S. real property i nterest from a foreign person (non-resident alien) must withhold a tax equal to t en percent (10%) of the amount realized on the disposition, report the tran saction and remit the withholding to the Internal Revenue Service within twenty (20) days after the transfer. Fidelity National Title Company has not and will not participate in any determination of whether the FIRPTA tax provisi ons are applicable to the subject transaction, nor act as a Qualified Substit ute nor furnish tax advice to any party to the transaction. Fidelity National Title Company is not responsible for determining whether the transaction will qualify for an exception or an exemption and is not responsible fo r the filing of any tax forms will the Internal Revenue Service as they rel ate to FIRPTA. Fidelity National Title Company is not the agent for the Buyer for the purposes of receiving and analyzing any evidence or documentati on that the Seller in the subject transaction is a U.S. citizen or resident a lien. The Buyer is advised they must independently make a determination of whe ther the contemplated transaction is taxable or non-taxable and the appli cability of the withholding requirement to the subject transaction, and should seek the advice of their attorney or accountant Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or i nterest incurred in connection therewith and such taxes are not a matte r covered by the Owner's Policy of Title Insurance to be issued to the Buyer . The Buyer is advised they bear full responsibility for compliance with the ta x withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction .
17. ENCUMBRANCES
Escrow Holder is to act upon any statements furnish ed by a lienholder or his agent without liability or respon sibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between t he parties direct and outside of escrow.
You are authorized, without the need for further ap proval, to debit my account for any fees and charges that I have agr eed to pay in connection with this escrow, and for any amounts that I am obl igated to pay to the holder of any lien or encumbrance to establish the title a s insured by the policy of title insurance called for in these instructions. I f for any reason my account is not debited for such amounts at the time of closing , I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them.
18. ENVIRONMENTAL ISSUES
Fidelity National Title Company has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environme ntal impact as to forms of toxification, if applicable, will be done direct ly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith.
19. USURY
Escrow Holder is not to be concerned with any quest ions of usury in any loan or encumbrance involved in the processi ng of this escrow and is hereby released of any responsibility or liability therefore.
20. DISCLOSURE
Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to the se instructions.
21. FACSIMILE SIGNATURE
Escrow Holder is hereby authorized and instructed t hat, in the event any party utilizes “facsimile” transmitted si gned documents or instructions to Escrow Holder, you are to rely on t he same for all escrow instruction purposes and the closing of escrow as i f they bore original signatures.
22. CLARIFICATION OF DUTIES
Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and ca nnot give legal advice to any party hereto.
Escrow Holder is not to be held accountable or liab le for the sufficiency or correctness as to form, manner of ex ecution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's d uties hereunder shall be limited to the proper handling of such money and th e proper safekeeping of such instruments, or other documents received by Es crow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder.
The agency and duties of Escrow Holder commence onl y upon receipt of copies of these Escrow Instructions exec uted by all parties.
23. FUNDS HELD IN ESCROW
When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of $25.00 that is to be charg ed against the funds held by the Company.
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO T HE BENEFIT OF, AND BINDS ALL PARTIES
HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRA TORS, EXECUTORS, SUCCESSORS AND
ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE M ASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUD ES THE PLURAL. THESE INSTRUCTIONS
AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUM BER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCR OW HOLDER OF ALL TERMS AND
CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGE S AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS.
FIDELITY NATIONAL TITLE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 305 ISSUED BY THE CALIFORNIA DEPARTMENT OF INSURANCE.
1402
7444-127654\SJD619\DECL\1721578.5
RECORDING REQUESTED BY
Fidelity National Title Company
AND WHEN RECORDED MAIL TO:
JACKSON | TIDUS
2030 Main Street, Suite 1500
Irvine, California 92614
Attn: Steven J. Dettmann, Esq.
(7444-127654)
APN: 164-780- _______ SPACE ABOVE THIS LINE FOR RECORDER’S USE
DECLARATION OF SPECIAL LAND USE RESTRICTIONS
[Lot 36 of Tract No. 38595]
1403
7444-127654\SJD619\DECL\1721578.5 i
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS; DEFINITIONS ............................................................. 2
1.1 Acknowledgement of General Purposes ................................................................. 2 (a) Project ......................................................................................................... 2 (b) Allocation of Entitlements by Declarant..................................................... 2 (c) Purpose ........................................................................................................ 2
1.2 Definitions and Capitalized Terms ......................................................................... 2 ARTICLE II. GENERAL AND SPECIFIC USE RESTRICTIONS .............................................. 6
2.1 Use Restrictions ...................................................................................................... 6 (a) Unapproved Development or Use ............................................................... 6 (b) Environmental Covenants ........................................................................... 6 (c) No Changes to Subdivision or Development Conditions ........................... 7 (d) Development Conditions; MMRP and Conditions of Approval................. 7 (e) Construction Easement ............................................................................... 7 (f) Site Maintenance and Repair ...................................................................... 8 (g) Security Requirements; Prevention and Repair of Damage ....................... 9 (h) Construction Vehicles and Haul Route Restriction .................................. 10
2.2 Grantee Improvements Requirements................................................................... 11 (a) Development ............................................................................................. 11 (b) Governmental Approvals .......................................................................... 11 (c) Off-Street Parking ..................................................................................... 13 (d) Development Impact Fees......................................................................... 13 (e) Construction Requirements ....................................................................... 13 (f) Site Maintenance Prior to Improvements ................................................. 13 (g) Utilities ...................................................................................................... 14 (h) SWPPP ...................................................................................................... 14 ARTICLE III. ENFORCEMENT OF RESTRICTIONS .............................................................. 15
3.1 General Purpose and Constructive Notice ............................................................ 15
3.2 Default and General Remedies ............................................................................. 15 (a) Equity ........................................................................................................ 15 (b) Damages .................................................................................................... 16 (c) Declaratory Relief ..................................................................................... 16 (d) Abatement ................................................................................................. 16 ARTICLE IV. INDEMNITY OBLIGATIONS ............................................................................ 16
4.1 Comprehensive Indemnity of Declarant ............................................................... 16
4.2 Release and Waiver............................................................................................... 17
4.3 Limitation .............................................................................................................. 17
4.4 Survival of Covenants ........................................................................................... 17 1404
ii
4895-2142-6415 v1
7444-127654\SJD619\DECL\1721578.5
ii
4.5 Development Agreement ...................................................................................... 17 ARTICLE V. MISCELLANEOUS PROVISIONS ...................................................................... 18
5.1 Waiver ................................................................................................................... 18
5.2 Advances by Declarant ......................................................................................... 18
5.3 Legal Costs............................................................................................................ 18
5.4 Rights of Lenders .................................................................................................. 18
5.5 Assignment by Declarant ...................................................................................... 19
5.6 Termination or Amendment .................................................................................. 19
5.7 Captions ................................................................................................................ 19
5.8 Invalidity of Provision .......................................................................................... 19
5.9 Notices .................................................................................................................. 19
5.10 Application to Declarant ....................................................................................... 20
5.11 Time of Essence .................................................................................................... 20
5.12 Other Restrictions ................................................................................................. 20
5.13 Covenants Run with the Land ............................................................................... 21
5.14 Counterparts .......................................................................................................... 21
5.15 Incorporation of Exhibits ...................................................................................... 21
5.16 Dispute Resolution; Arbitration ............................................................................ 21 (a) Informal Resolution .................................................................................. 21 (b) Formal Resolution. .................................................................................... 21
5.17 Further Assurances................................................................................................ 23
1405
7444-127654\SJD619\DECL\1721578.5 iii
TABLE OF EXHIBITS AND SCHEDULES
EXHIBITS
EXHIBIT A - Legal Description of the Subject Parcel
EXHIBIT B - Legal Description of the Benefited Property EXHIBIT C - Requirements and Restrictions for Developer Improvements EXHIBIT D - Plans and Drawings for Declarant Review and Approval
1406
7444-127654\SJD619\DECL\1721578.5 1
DECLARATION OF SPECIAL LAND USE RESTRICTIONS
(Lot 36 of Tract No. 38595)
THIS DECLARATION OF SPECIAL LAND USE RESTRICTIONS (this “SLUR Declaration”) is made as of __________, 20__, by and between THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“Declarant”), and CITY OF EASTVALE , a California municipal corporation (in its capacity as grantee of the Subject Parcel, “Grantee”), with reference to the following facts:
RECITALS
A. Concurrently herewith and i mmediately prior hereto, Declarant conveyed to Grantee that certain real property situated in the City of Eastvale, Riverside County, California, more particularly described i n Exhibit A attached hereto and by this reference incorporated herein (collectively, the “Subject Parcel”).
B. The Subject Parcel comprises a portion of the land (the “Project Site”) that is being developed as a master planned community (the “Project”) as more fully described in that certain Development Agreement No. 003 by and between the City of Eastvale (in its capacity as the municipal authority, the “ City”) and The New Home Company Southern California LLC, a Delaware limited liability company dated as of May 11, 2022 (as amended, the “Development Agreement”).
C. Declarant and certain of its affiliates are the master developers of the Project. In accordance with the terms of that certain Agreement of Purchase and Sale and Preliminary Escrow Instructions by and between Decl arant and City dated December ___, 2025, and as a condition to conveyance of the Subject Parcel to Grantee, Declarant and Grantee are executing and entering into this SLUR Declaration for the benefit of Declarant and the Declarant Parties, and for the benefit and protection of those portions of the Project owned by the Declarant Parties more particularly described in Exhibit B attached hereto and by this reference incorporated herein for the period of Declarant’s ownership thereof (the “Benefited Property”).
D. Grantee has agreed that any development of the Subject Parcel shall proceed only in accordance with the covenants, conditions, rights, restrictions and limitations described herein (the “Restrictions”), and Declarant is conveying the Subject Parcel to Grantee on the basis of Grantee’s agreement with respect to the development of the Subject Parcel and the construction and use of the Grantee Improvements thereon.
E. But for such covenants and representations by Grantee under this SLUR Declaration, Declarant would not have agreed to convey the Subject Parcel to Grantee. Instead, Declarant either would have retained ownership and developed the Subject Parcel itself or would have conveyed the Subject Parcel to another party for development in accordance wi th Declarant’s long-range master planning program for the Project.
F. Grantee has agreed that development of the Subject Parcel and use of any Grantee Improvements developed and constructed thereon shall be limited to traditional public 1407
7444-127654\SJD619\DECL\1721578.5 2
uses, including without limitation, community centers, senior centers, parks, civic centers, public parking, libraries or comparable facilities and uses, and a localized electrical network (microgrid) serving traditional public uses (collective, the “Permitted Uses”).
NOW, THEREFORE, in consideration of the f oregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Grantee, the parties hereto agree as follows:
ARTICLE I.
GENERAL PROVISIONS; DEFINITIONS
1.1 Acknowledgement of General Purposes.
(a) Project. Grantee acknowledges that Declarant and the Declarant Parties are, collectively, the master developers of the Project in the City , and are owners of portions thereof, including the Benefited Property. Among the distinguish ing cha racteristics of the Project are the clear delineation of use areas throughout, together with the exercise of architectural and design controls over individual construction projects, so as to (a) ensure harmonious growth and development within the Project, (b) implement Declarant ’s and the Declarant Parties’ intentions and visions for the Project, and (c) maximize the value of Declarant’s and the Declarant Parties’ remaining landholdings and development rights .
Declarant determined to convey the Subj ect Par cel and transfer of the Property to Grantee (including, without limitation, the right to develop, occupy and use the Subject Parcel) subject to the covenants, duties, restrictions and limitations set forth in this SLUR Declaration. (b) Allocation of Entitlemen ts by Declarant. Grantee further acknowledges that it is vitally important to Declarant and the Declarant Parties that the density of development and uses of improvements be limited on those parcels of property (including the Subject Parcel) that Declarant and each Declarant Party from time to time may elect to convey to third parties.
Should the development limitations imposed by Declarant and the Declarant Parties be exceeded by any owner of real property within the Project, (i) Declarant’s and the Dec larant Parties’ entitlements and rights to develop the balance of the Project could be adversely impacted in a material respect , (ii) roadways, utilities and other infrastructure improvements servicing the Project and its environs could be over-utilized (leading to undesirable traffic congestion and land use imbalances within the Project), (iii) existing entitlements already transferred to third parties could be adversely affected, and (iv) the Development Conditions and other requirements of Governmental Authorities on which development of the Project is conditioned could be violated. (c) Purpose. It is to promote these purposes and avoid the adverse impacts that this SLUR Declaration is made, and it is the intention of the parties that it will be in furtherance of said purposes that the Restrictions and all other declarations supplemental hereto will be understood and construed.
1.2 Definitions and Capitalized Terms. Unless otherwise defined below or elsewhere in this SLUR Declaration , initially capitalized ter ms used herein shall have the meanings ascribed thereto in the Development Agreement:
1408
7444-127654\SJD619\DECL\1721578.5 3
“Applicable Law” means any federal, state or local statute, rule, regulation, requirement, initiative, ordinance, action or policy, and common law applicable to th e Subje ct Parcel, the Project or the Grantee (and each or any of its successors or assigns). “Benefited Property” shall have the meaning ascribed to that term in Recital C. “Business Day” shall mean any day other than a Saturday, Sunday, a Federal holiday, or a California State holiday.
“City” means the City of Eastvale, California, and each and all of its officials, departments, commissions and agencies.
“Declarant” means THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company , and all successors, assigns or designees who shall assume from Declarant the obligations, and to whom Declarant shall specifically assign in writing Declarant’s rights under these Restrictions, including, without limitation, the right to enforce these Restrictions.
“Declarant Parties” means Declarant and each of its lenders, affiliates, members, shareholders, partners, officers, directors, employees, agents and representatives , and each party with whom Declarant maintains a land bank relationship (including without limitation, Arroyo Cap III-2, LLC, a Delaware limited liability company, and Arroyo Cap IV -2, LLC, a Delaware limited liability company) with respect to any portion of the Project Site. “Development Agreement” means and refers to the Development Agreeme nt described in Recital C, as the same may be amended, modified or supplemented by the City and Declarant from time to time.
“Development Conditions” means and refers to all those certain documents and instruments governing and regulating d evelopment of th e Project (including, without limitation, the Subject Parcel), including without limitation, the following: (a) the Development Agreement, as amended or supplemented (including by the DA First Amendment); (b) the Leal Master Plan Amendment No. 1, adopted b y the Eastvale City Council on May 25, 2022, as the same may be amended from time to time, (c) the Tentative Tract Map for Tract No. 38290, approved by the City Council on May 11, 2022 and Tentative Tract Map for Tract No. 38595, approved by the City on Fe bruary 19, 2025; (d) Major Development Review No. PLN22 -20020-DR 001, approved by the City Council on May 11, 2022; (e) the Conditions of Approval for the Master Plan Amendment, Tentative Tract Map s and Major Development Review s (collectively, the “Conditions of Approval ,” (f) the Environmental Impact Report (SCH# 2015031028) certified by the City Council on December 13, 2017, the Addendum to the EIR approved by the City Council on May 11, 2022 (collectively, the “EIR”) and the Mitigation Monitoring and Reporting Program (the “ MMRP”). Grantee acknowledges that the Development Conditions include provisions and measures that affect all phases of the development, including design, construction, and operation; therefore, Grantee’s compliance with the Developmen t Conditions, as they may be amended or supplemented, will be required prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel. 1409
7444-127654\SJD619\DECL\1721578.5 4
“Expiration Date” shall mean, to the extent it is made to expressly apply to a restriction contained herein, the period of time that commences on the date this SLUR Declaration is recorded (the “ Recording Date ”) and expires on the date (the “ Expiration Date ”) that is the earlier of (a) the tenth (10th) anniversary following the City’s iss uance of a certificate of occupancy pursuant to which an aggregate of ninety percent (90%) of the total number of residential units allowed under the Development Conditions has been approved by the City for occupancy, (b) the fifth (5th) anniversary following expiration (or earlier termination) of the Development Agreement, or (c) December 31, 2045.
“Final Map” shall mean t hat certain recorded final map of Tract No. 38 595 filed for record on June 11, 2025, in Book 501, Pages 83 through 93, inclusive, of Maps in the Office of the County Recorder of the County of Riverside, State of California. “Governmental Approvals” shall have the meaning ascribed to that term in Section 2.2(b).
“Governmental Authorit y” shall mean a ny and each federal, state, regional, c ounty, city or local governmental or quasi-governmental body, agency, department, board, commission or bureau, or any entity or instrumentality thereof, having jurisdiction over the whole or any portion of the Subject Parcel, the Project or the subject matter of this SLUR Declaration. “Grantee” shall mean the Grantee identified in the Recitals and each and every successor, assign, owner, lessee, licensee or other occupant during its ownership or occupancy of the Subject Parcel or any portion thereof or interest therein, as the context may require. “Grantee Alternative Proposal ” shall have the meaning ascribed to that term in Section 2.2(b)(ii).
“Grantee Improvements” shall mean and refer to the Grantee Improvements intended to be constructed on the Subject Par cel by Grantee during the first ten (10) years following execution of this SLUR Declaration.
“Hazardous Substances” means any substance or material that is described as a toxic or hazardous substance, waste, material, pollutant, contaminant or infec tious w aste, or words of similar import, or any other words which are intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, or reproductive toxicity and includ es, without limitation, asbestos and asbestos containing materials, petroleum (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum products, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, otherwise regulated materials and chemicals which may cause cancer or reproductive toxicity, which is or becomes designated, classified or regulated as being “t oxic” “hazardous” or similarly designated, classified or regulated under any Hazardous Substances Laws pertaining to such substance or materials. The term “Hazardous Substance” shall include, without limitation, any substances defined as or listed as a “h azardous substance,” “hazardous material,” “toxic substance,” “petroleum,” “carcinogen,” “pollutant,” “contaminant,” “asbestos,” “asbestos materials” or “waste” in any of the Hazardous Substances Laws. 1410
7444-127654\SJD619\DECL\1721578.5 5
“Hazardous Substances Laws ” means any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) governing, regulating or setting restrictions concerning the manufacture, use, storage, handling, release, treatment or disposal of a Hazardous Substance, including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. §§1251, et seq.), Hazardous Materials Transportation Act (49 U.S.C. §§ 1801, et seq. ), Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq. ), Safe Drinking Water Act (42 U.S.C. §§ 3000(f), et seq.), Toxic Substances Control Act (15 U.S.C. §§ 2601, et seq. ), Clean Air Act (42 U.S.C. §§ 7401, et seq. ), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq. ), United States Department of Transportation Hazardous Materials Table (49 CFR 172.101), California Health & Safety Code (§§ 25100, et seq. , §§ 25300, et seq. , §§ 39000, et seq. ), the California Porter-Cologne Water Quality Control Act, California Water Code (§§ 13000, et seq.), California Labor Code (§ 6501.7 and § 9004), California Civil Code (§ 2929.5), all as heretofore and hereafter amended, or any judicial or administrative interpretation of such laws, rules or regulations.
“Official Records” shall mean the official records of the Office of the County Recorder of the County of Riverside, State of California.
“Permitted Uses” shall have the meaning ascribed to that term in Recital F and further clarified in Exhibit C.
“Person” shall mean a ny individual, corporation, limited liability company, limited partnership, general partnership, joint stock company, joint venture, association, company, trust, bank, trust company, land trust, business trust or other organization, whether or not a legal entity, and any Governmental Authority, and their respective successors and assigns. “Project” shall have the meaning ascribed to that term in Recital B. “Recording Date” shall have the meaning ascribed to that term in Section 2.1. “Restrictions” shall have the meaning ascribed to that term in Recital D. “Specifically Prohibited Uses” shall have the meaning ascribed to that term in Exhibit C.
“Subject Parcel” shall have the meaning ascribed to that term in Recital A. “Unavoidable Delay” shall mean any acts of God, war, riots or civil disturbance, extreme inability to obtain labor or materials, pandemics, imposition or modification of governmental regulations or controls which could not have been reasonably anticipated by the performing party as of the date hereof, injunction, moratorium, proh ibition or any other measure, rule, regulation, decree, order or restriction, issued by a Governmental Authority, that prevents Grantee from obtaining (i) building or other permits for the construction, use or occupancy of the Grantee Improvements, (ii) connection to, or the provision of, public utilities, or other similar matters or causes beyond the reasonable control of the party responsible for performing such work or other act.
1411
7444-127654\SJD619\DECL\1721578.5 6
ARTICLE II.
GENERAL AND SPECIFIC USE RESTRICTIONS
The covenants, restrictions and lim itations contained in this Article I I shall bind the Subject Parcel through the Expiration Date or until released by the Declarant (or such party to whom the Declarant’s rights hereunder have been assigned in accordance herewith) , unless otherwise specified herein.
2.1 Use Restrictions . The violation of any of the following shall, at Declarant’s option, constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies herein described. (a) Unapproved Development or Use . Unless expressly approved by Declarant, which approval may be withheld by Declarant in its reasonable discretion and which restriction shall continue through the Expiration Date, Grantee shall not permit the following:
(i) The commencement of construction, maintenance, operation or use of any structure or improvements on the Subject Parcel not in compliance with all requirements of law or as contained in these Restrictions and in any other recorded covenants, conditions, rights, restrictions and limitations existing at the time this SLUR Declaration is recorded and covering the Subject Parcel, including without limitation all architectural approval requirements and use restrictions contained in such documents; or
(ii) More s pecifically, any use of the Subject Parcel that is either a “Prohibited Use” or is not expressly included as a “Permitted Use” as set forth in Exhibit C to this SLUR Declaration or that otherwise violates these Restrictions. (b) Environmental Covenants . Grantee covenants that it will not cause or permit any Hazardous Substances (as defined below) to be stored, transported or otherwise held on, under or about the Subject Parcel, or by any of its tenants, occupants, licensees or invitees in any manner that viol ates Environmental Laws. Grantee and its tenants shall be permitted to use Hazardous Substances in compliance with Environmental Laws to the extent such Hazardous Substances are used in the ordinary course of operations for building maintenance and general janitorial use or in connection with the use of the Subject Parcel in accordance with the requirements of this SLUR Declaration. Grantee shall at all times observe and satisfy the requirements of and maintain the Subject Parcel in compliance with all fe deral, state or local laws, statutes, ordinances, consent decrees, orders, rules or regulations pertaining to the use of the applicable portion of the Subject Parcel and concerning occupational health, industrial hygiene, occupational or environmental conditions on, under or about the Subject Parcel , or the regulation or protection of the environment, including ambient air, soil, soil vapor, ground water, surface water, and/or land use. Should Grantee at any time default in or fail to perform or observe any of its obligations under this paragraph and such default materially impacts any other portion of the Project or could result in the imposition of owner/operator liability on Declarant or any or Declarant Parties , then (after the expiration of applicable notice and cure periods) Declarant shall have the right, but not the duty, in addition to the rights set forth below, to perform the same, and Grantee agrees to pay to Declarant or Declarant Parties, on demand, one 1412
7444-127654\SJD619\DECL\1721578.5 7
hundred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent (10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. Notwithstanding the foregoing, Declarant and Grantee agree that (a) the presence of Hazardous Substances in the soil, soil gas and groundwater on and be neath the Subject Parcel as of the Recording Date (and/or the remediation thereof, if necessary) is not considered to be stored, transported or otherwise held on the Subject Parcel as those terms are used in this provision, and (b) Grantee shall have no liability to Declarant for any Hazardous Substances existing on or under the Subject Parcel as of the Recording Date. (c) No Changes to Subdivision or Development Conditions. Grantee shall not process any change or amendment to the Final Map or any other recor ded subdivision or parcel map covering the Subject Parcel or record any subdivision or parcel map relating to the Subject Parcel or any portion thereof or facilities thereon, pursuant to California Government Code Sections 66410 et seq., or any similar statute hereafter enacted, and any local ordinances adopted pursuant thereto, nor shall Grantee file any applications with any Governmental Authority with respect to any of the foregoing matters, if such change or amendment is made to facilitate a use or deve lopment of the Subject Parcel in violation of or inconsistent with the Restrictions, the Development Conditions or other covenants in this SLUR Declaration . Notwithstanding the foregoing, Grantee may effectuate lot line adjustments if (i) such lot line adjustmen t is with respect to only the Subject Parcel (and not any other portion of the Project), (ii) is consistent with the Restrictions in this SLUR Declaration, and (iii) such lot line adjustment does not result in a change or amendment to, or materially adversely affect, the zoning, entitlements or development of the balance of the Project. Prior to commencing a process for any such lot line adjustment, Grantee shall submit such lot line adjustment to Declarant, and Declarant shall have thirty (30) days therea fter to determine whether such lot line adjustment satisfies the provisions of the immediately preceding sentence. Grantee agrees that it will not oppose , and shall reasonably cooperate with Declarant, in establishing or modifying any supplemental or exis ting Development Conditions as Declarant may negotiate with the City. (d) Development Conditions; MMRP and Conditions of Approval . Grantee shall comply with the Development Conditions for the length of time required by each of the agreements, documents or in struments constituting the Development Conditions . The Development Agreement, the Conditions of Approval and the MMRP include provisions and measures that affect all phases of the development and use, including design, construction, and operation; and further, compliance with the Development Conditions will continue to be required by Grantee prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel. Grantee shall not seek to process any change or amendment to the Development Conditions, or any element thereof, covering the Subject Parcel or any other portion of the Project without the prior written consent of Declarant, which may be granted or withheld in Declarant’s sole and absolute discretion.
(e) Construction Easement. If Declarant notifies Grantee that it requires an easement, from time to time, over, under and/or across certain areas within the Subject Parcel (as such exist from time to time) , the exact location of which shall be subject to the approval of Grantee in its reasonable discretion, for construction, installation, use and maintenance of 1413
7444-127654\SJD619\DECL\1721578.5 8
utilities to serve the Project (including, without limitation, gas, electric, water, telephone, storm drain, sewer, fiber optic cable, sprinklers, reclaimed water , traffic signal infrastructure, and data transport cabling as such may evolve over time), then Grantee shall, within ten (10) Business Days following the giving of written request therefor by Declarant in accordance with the notice provisions under Section 5.9 below, execute, cause to be notarized, and deliver to Declarant an instrument prepared by Declarant and submitted concurrently with its written request , in recordable form, granting to Declarant a n on-exclusive easement in an area reasonably acceptable to Grantee and Declarant, which instrument shall be in a form reasonably acceptable to Grantee and Declarant , and to any public utility or Governmental Authority with relevant jurisdiction therefor. Any perpetual easement shall include, without limitation, th at (A) the easement shall not unreasonably interfere with (I) ingress and egress to and from the Subject Parcel or the Grantee Improvements thereon, (II) the use of the Subject Parcel by Grantee, its tenants or easement holders, or (III) construction or us e of the Grantee Improvements, (B) all utility improvements installed therein by Declarant shall be subterranean and shall be constructed at Declarant’s sole cost and expense in a good and workm anlike manner, (C) the grantee of such easement shall indemnif y and defend Grantee from and against any loss incurred by or liability imposed on Grantee in connection with use of such easement, except to the extent such loss or liability results from Grantee’s negligence or misconduct, (D) the grantee of such easement shall restore any damage resulting from its use of the easement area, (E) Declarant shall ensure that the Subject Parcel is not encumbered by liens from work performed by Declarant in the easement areas, and (F) Declarant shall carry commercial general l iability insurance and property insurance with single limit coverage amounts of not less than Two Million Dollars ($2,000,000) per occurrence and general aggregate, and with insurance carriers having an A.M. Best Rating of B:VIII, which insurance policies shall list Grantee as an additional insured. (f) Site Maintenance and Repair.
(i) Maintenance and Repair Covenant . At all times prior to and during development of the Subject Parcel and construction of the Grantee Improvements, Grantee shall maintain the Subject Parcel, its surroundings, and all staging areas and lay -down yards, in a clean, sanitary, orderly and safe condition, free of weeds, debris and pests, and shall reasonably protect it against suffering deterioration or damage caused by erosion, genera l exposure to the en vironment or otherwise. If (a) any portion of the Subject Parcel contains or exhibits a condition requiring maintenance or repair so as to prevent damage to or deterioration of the Subject Parcel or real property located adjacent there to or improvements constructed thereon, or to prevent general harm or damage (physical, reputational or otherwise) to the Project or to Declarant, or (b) City and all applicable Governmental Authorities shall have given notice of the existence of a conditi on on the Subject Parcel requiring responsive action, then Grantee shall, promptly on demand by Declarant, but in no event later than ten (10) days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion.
(ii) Declarant Rights to Correct . If Grantee fails to commence to correct such condition or effect such repair within said 10 -day period, or if Grantee timely commences but fails to diligently and continuously pr osecute such correction or repair to completion, Declarant shall have the right (but not the obligation) to enter upon the Subject Parcel to take such actions as may be necessary to complete such correction or repair. Such 1414
7444-127654\SJD619\DECL\1721578.5 9
repair or correction shall be at Grantee’s sole cost and expense. Any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section 2.1(g) shall be due and payable by Grantee within ten (10) Business Days of demand therefor by Declarant. This Section shall not be construed to create any duty or obligation on the part of Declarant to undertake inspections of the Subject Parcel. The performance of work by either Declarant or Grantee under this Section shall not be an admission of responsibility therefor by the performing party. The obligation of Grantee pursuant to this Section shall be binding on Grantee until such time as action against Declarant on account of any such condition shall be barred by the applicable statutes of limitations.
(iii) Obligation Cumulative . Grantee’s obligations under this Section 2.1(f) are in addition to and not in limitation of Grantee’s other obligations to Declarant to correct defects and conditions in the Grantee Improvements. (g) Security Requirements; Prevention and Repair of Damage . (i) Security Requirements. Declarant may, at its sole option, require Grantee to temporarily fence (including fence screening) or otherwise reasonably restrict access to any portion of the Subject Parcel, in order to deter m embers of the public from entering the Subject Parcel during construction, to reduce visual impact of the construction site on neighboring properties, and in order to prevent damage to improvements made by or for the benefit of Declarant or the City (inclu ding without limitation, any utility lines, equipment or vaults or any environmental monitoring wells). Grantee acknowledges that Declarant’s security requirements are not intended to be exclusive, and that Grantee shall be responsible for implementing su ch additional security measures as it deems necessary in order to protect the Project and the Subject Parcel from theft, vandalism, casualty, destruction or liabilities. (ii) Damage by Grantee. Any destruction or other damage or loss (including theft or van dalism) caused by Grantee or any of its agents, employees, licensees, invitees, or contractors to any improvements made by or on behalf of Declarant within the Subject Parcel or any other portion of the Project (or any off -site areas where Grantee was engaged in construction activities or where Grantee’s construction vehicles or equipment were staged) must be repaired, and any such affected improvements restored to the condition existing prior to such theft, destruction or damage, by Grantee at its sole cos t and expense. Grantee acknowledges that Declarant may be unable to determine with absolute certainty whether any such damage or loss was caused by Grantee, by another builder within the Project, or partially by Grantee and one or more such other builder, or the agents, employees, licensees, invitees, or contractors thereof and if so caused, to exactly allocate the costs between responsible parties.
Therefore, in such event, Grantee shall further be responsible for the repair and restoration, at Grantee’s sole expense, of any damage to improvements within the Subject Parcel or portions of the Project located adjacent thereto.
(iii) Failure to Repair . If any repair for which Grantee is responsible pursuant to the preceding subparagraph is not completed in a ti mely manner, Declarant shall have the right, but not the obligation, to complete such repair and to be reimbursed by Grantee in the amount set forth in subsection (iv) below. Without limiting the foregoing, in the event that Declarant is unable to determine whether any damage to a particular improvement was caused by 1415
7444-127654\SJD619\DECL\1721578.5 10
Grantee or another developer within the Project, Declarant shall have the right to perform repair and restoration of the damage to such improvements and to allocate, in good faith, the cost thereof among Grantee and all such other developers that might reasonably be responsible for such damage, in such shares as Declarant determines are appropriate (in light of the facts known to Declarant), which determination shall be conclusive. (iv) Reimbursement. The cost of any repair and restoration of improvements made by Declarant which was the responsibility of Grantee or otherwise allocated, in whole or in part, to Grantee and other developers pursuant to subsections (ii) and (iii) above shall be reimbursed by Grantee in an amount equal to one hundred percent (1 00%) of the actual costs incurred by Declarant (or any Declarant Parties) in performing such repair and restoration, including without limitation reasonable attorneys ’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent (10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full . All such reimbursement payments shall be due and payable not lat er than ten (10) days after a written request therefor by Declarant. Declarant shall not be liable to Grantee for any mis allocation of costs unless such allocation was made without any reasonable justification. Grantee may seek reimbursement from any oth er builder or developer (other than Declarant) of amounts paid to Declarant hereunder that Grantee reasonably establishes arose as a result of the fault of such other builder or developer, or for which they were partially responsible. (h) Construction Vehicles and Haul Route Restriction. Declarant may directly manage construction site activities within the Project or may elect to designate, from time to time, a construction site manager to promote orderly development of the Project and to reduce the impositi on of construction activity externalities on the Project or its neighbors. Either Declarant or its designated construction site manager shall have the authority to (i) establish procedures for the scheduling of significant hauling, concrete pours, and majo r construction site events occurring on the Subject Parcel that may impact adjacent Project sites, (ii) oversee Project site logistics (staging, deliveries, laydown yards, etc.) and designate haul routes and rules and regulations for construction labor for ce parking areas within and adjacent to the Project site, (iii) require Grantee to designate a party available to receive and respond to calls and communications from residents, neighbors and businesses concerning the impacts and complaints related to deve lopment of the Subject Parcel, and (iv) coordinate construction issues affecting the Project site. Grantee agrees that it shall abide by any and all construction site management rules and regulations (“ Project Site Rules ”) promulgated by Declarant so long as such Project Site Rules do not expressly contradict or unreasonably interfere with Grantee’s rights to develop the Subject Parcel for the Permitted Uses. Grantee agrees that violations of the Project Site Rules that are not promptly cured by Grantee within a reasonable time under the circumstances or that are repeated or reoccur may be enforced and enjoined by Declarant through exercise of equitable rights and remedies
1416
7444-127654\SJD619\DECL\1721578.5 11
2.2 Grantee Improvements Requirements. Grantee is hereby bound by the following covenants and agreements through the Expiration Date (unless otherwise specified herein) with respect to its construction of the Grantee Improvements on the Subject Parcel. The violation of any of the following requirements (after the expiration of applicable n otice and cure periods) shall constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies set forth below. (a) Development. Grantee shall cause the Subject Parcel to be developed only with the Grantee Improvements in full accordance with all of the provisions of the Restrictions.
No portion of the Subject Parcel , or any improvements thereon, or any portion thereof, shall be developed, used or maintained with any facilities or improvements whatsoever except as set forth above and in Exhibit C, which Restriction shall continue through the Expiration Date, subject to the exercise of rights of or waiver by Declarant as set forth in subsection (b), hereinbelow. All construction and structures shall be, at all times, completed in compliance with all requirements of law, these Restrictions and any other recorded covenants, conditions, rights , restrictions and limitations existing from time to time covering the Subject Parcel , including w ithout limitation all architectural approval requirements and use restrictions contained in such documents. (b) Governmental Approvals . Grantee shall obtain and comply with , at its sole expense, all approvals and permits which may from time to time be requir ed by Governmental Authorities with respect to Grantee’s performance contemplated under this SLUR Declaration including, as applicable and without limitation, all approvals required for construction plans and construction of the Grantee Improvements on the Subject Parcel, plot plan approval, building permits and the like (collectively, “Governmental Approvals”). Grantee shall be solely responsible for satisfying and complying with all conditions to such Governmental Approvals and satisfying and complying w ith all Development Conditions except to the extent that the same is expressly made the sole responsibility of Declarant under this SLUR Declaration. Grantee acknowledges that Declarant has completed all curb, gutter and sidewalk improvements, as wells as utility installations, adjacent to or serving the Subject Parcel, and that Declarant shall have no duty or responsibility to relocate, modify or re -install any existing horizontal improvements, utility facilities or other infrastructure in connection with Grantee’s proposed improvement of the Subject Parcel.
(i) Declarant Review of Proposed Project Site Plan. On or before the date that is six (6) months following the recordation of this SLUR Declaration in the Official Records of the Riverside County Recorder, Grantee will prepare and deliver to Declarant for its review and approval the proposed project site plan , which will identify the proposed Grantee Improvements to the Subject Parcel , as well as all curb cuts and driveway entry points (the “Proposed Project Site Plan”). The Proposed Project Site Plan materials shall include the items described in Exhibit D, attached hereto . The Proposed Project Site Plan shall be subject to review and approval by Declarant. Declarant’s approval shall not be unreasonabl y withheld, conditioned or delayed. By its review of any proposed plans and specifications for Grantee Improvements, Declarant makes no representation that the plan or plans , if approved, will satisfy the requirements of the Development Conditions and appl icable approvals of relevant Governmental Authorities, and Declarant assumes no liability or responsibility thereof for any defect including, but not limited to, any defect in grading, improvements, construction, or other activities undertaken by or on beh alf of Grantee pursuant thereto. Unless expressly waived by 1417
7444-127654\SJD619\DECL\1721578.5 12
Declarant in writing, Grantee agrees that it shall not submit the Proposed Project Site Plan (or any requests or applications related thereto) for approval by a Governmental Authority without the request or application therefor having first been submitted to and approved by Declarant in accordance herewith . Declarant may withhold its approval of the Proposed Project Site Plan only to the extent Declarant reasonably determines that:
(A) The Proposed Project Site Plan could potentially cause Declarant’s Project to be in violation of any of the Development Conditions or negatively impact Declarant’s ability to satisfy any Conditions of Approval; (B) The Proposed Project Site Plan may result in the imposition upon Declarant (or any other real property in the Project Site) of additional development costs, an obligation of Declarant to construct additional or alternative infrastructure improvements, the need for Declarant to satisfy new or revised conditions o f approval or implement additional o r alternative mitigations;
(C) The Proposed Project Site Plan cannot be fully
implemented and developed without re -opening the Development Conditions applicable to any portion of the Project Site other than the Subject Parc el to administrative or judicial appeal or challenge; or
(D) The Proposed Project Site Plan could require Declarant to perform (or agree to perform) any action or satisfy any condition proposed by Grantee or any Governmental Authority that would bind, encumber or materially adversely affect (as reasonably determined by Declarant) the current or prospective use or value o f any real property in the Project Site other than the Subject Parcel.
(ii) Declarant Review of Proposed Elevation Designs. At such time as Grantee (or any utility proposing to construct improvements on the Subject Parcel) causes exterior elevation design illustrations (the “ Exterior Elevation Designs ”) to be prepared, but in any event prior to Grantee seeking approval of design or construction draw ings from any Governmental Authority, Grantee will deliver such Exterior Elevation Designs to Declarant for its review and approval. Where practicable, the Exterior Elevation Designs package shall include the details and elements described in Exhibit D, at tached hereto. The Exterior Elevation Designs shall be subject to review and approval by Declarant for the purposes of confirming aesthetic appearances and proposed landscaping and other screening of utility installations , for which Declarant’s approval shall not be unreasonably withheld, c onditioned or delayed . By its approval of Grantee’s plans, Declarant makes no representation that such plans satisfy the requirements of the Development Conditions and requirements of relevant Governmental Authorities, and Declarant assumes no liability or responsibility related thereto . Unless expressly waived by Declarant in writing, Grantee shall not submit any plans containing exterior elevation drawings (or any requests or application s related thereto) for approval s from Governmental Authorities without first obtaining Declarant’s approval thereof in accordance herewith.
(iii) Declarant Standard of Review of Grantee Alternative Proposals.
Without limiting the Restrictions in subsection (i) above, Grantee shall not deve lop on the 1418
7444-127654\SJD619\DECL\1721578.5 13
Subject Parcel any improvements that materially vary from the Proposed Project Site Plan without Declarant’s consent, which may be withheld, conditioned or delayed in Declarant’s good faith and reasonable discretion. If Grantee seeks to develop improvements that vary from the approved Proposed Project Site Plan and Exterior Elevation Designs (“Grantee Alternative Proposal”), then Grantee shall first submit Grantee’s request or application to Declarant for its review and approval in accordance herewith. Submittals with respect to any Grantee Alternative Proposal shall include a certification from Grantee that none of the detriments described in clauses (A) – (D) of subsection (i) will occur as a result of development or construction of the Grantee Alternative Proposal.
With respect to each request for approval under (i) , (ii) and (iii), above, Declarant shall have ten (10) days after Grantee delivers the applicable materials to Declarant to respond with any approval or disapproval, as the case may be, and Declarant’s failure to respond within such 10- day period shall constitute a waiver and deemed approval of such request for approval . Any disapproval by Declarant of Grantee’s Proposed Project Site Plan, Exterior Elevation Designs, or any Grantee Alternative Proposal shall specify, with reasonable detail, the reasons for such disapproval and the revisions, which if made, would result in Declarant’s approval thereof.
Following Declarant’s approval (or deemed approval) of a Proposed Project Site Pla n, Exterior Elevation Designs, or any Grantee Alternative Proposal, as the case may be, any material modification thereto shall require the resubmittal thereof to Declarant for its further approval pursuant to the procedures and standards of Declarant’s review set forth in subparagraphs (i), (ii) and (iii), above.
(c) Off-Street Parking . Grantee shall design, develop and construct sufficient off-street parking necessary to satisfy all requirements of the Development Conditions, as well as the reasonably anti cipated parking space requirements necessary to satisfy parking demands for use and operation of the Grantee Improvements without use of on-street parking. (d) Development Impact Fees. Grantee shall be solely responsible for payment of all development impact fees that become due and owing with respect to development of the Subject Parcel and Grantee’s Improvements thereon. (e) Construction Requirements . Grantee shall use commercially reasonable efforts to conduct all construction activities on the Subject P arcel or, if applicable, elsewhere within the Project, in a manner so as to minimize interference with any construction activities being conducted by Declarant or any other developer within the Project. Grantee’s construction activities shall comply with applicable provisions of the Development Conditions, including that any noise-producing construction activities (e.g., pile driving) shall at all times comply with all applicable noise ordinances of the City, and Applicable Law. Grantee shall be solely responsible for payment of all assessments and connection charges relating to the connection of utilities to the Subject Parcel . Grantee shall further cause all necessary easements or rights of way for access and for public utility services serving or locat ed within the Subject Parcel to be conveyed to the City, the applicable utility provider or other applicable Governmental Authority. (f) Site Maintenance Prior to Improvements . If any portion of the Subject Parcel on which no structural improvements have be en constructed contain or exhibit conditions requiring repair so as to prevent damage to or deterioration, by erosion or otherwise, of the 1419
7444-127654\SJD619\DECL\1721578.5 14
parcels or streets and other infrastructures adjacent to the Subject Parcel or improvements constructed thereon, Grantee shall, promptly on demand by Dec larant but in no event later than ten (10) Business Days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion (commenci ng to cure shall include applying for and diligently pursuing any approvals required by law to meet the obligations set forth herein).
(g) Utilities. Grantee shall be fully responsible for the payment of, and Grantee covenants that Grantee shall pay when d ue, all hook -up, connection and usag e fees for gas, electric, telephone, sewer, water, storm drain and all other utilities which are normally associated with the development and operation of improvements similar to the Grantee Improvements which Grantee and Declarant contemplate that Grantee will construct on the Subject Parcel.
(h) SWPPP. Grantee agrees to abide by the Storm Water Pollution Prevention Program (the “SWPPP”) for the Project and Declarant’s inspection protocol for SWPPP -related matters (as such program and protocol may be amended or revised from time to time). Grantee shall be responsible for all erosion control measures and maintenance obligations, and any required best management practices (collectively, the “ Erosion Control Measures ”) relating to the Subject Parcel and the development thereof, that are required by the provisions of the Development Conditions, all Applicable Laws or this SLUR Declaration . Each such Erosion Control Measure shall be undertaken and performed in accordance with t he requirements of any existing SWPPP or other express erosion control plan that pertains to the Subject Parcel. Among other compliance measures, Grantee shall (i) submit any site -specific SWPPP that may be required to comply with the National Pollutant D ischarge Elimination System (NPDES) permits governing construction or development activities on the Subject Parcel , and (ii) submit to the Regional Water Quality Control Board or the State Water Resources Control Board such notices, filings or applications as may be necessary to comply with Applicable Laws . Grantee shall reasonably cooperate with Declarant in the preparation of any period or incident reports, or responses to any notices of relevant Governmental Authorities, required with respect to the SWPPP, implementation of Erosion Control Measures, or any claims of violations of laws or regulations relating thereto. Declarant reserves the right (but not the obligation) to correct any deficiency or any condition causes, or could cause, non -compliance by Declarant with the SWPPP for the Pr oject, which costs shall be at Grantee’s cost if Grantee does not correct such deficiency or non -compliant condition within twenty -four (24) hours of being notified of such deficiency or non -compliant condition by Declar ant. For any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section, Grantee agrees to pay to Declarant (or any Declarant Party performing such work) within thirty (30) days of written deman d therefor , an amount equal to one h undred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent (10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. This Section shall not be construed to create any obligation on the part of Declarant to inspect any portion of the Subject Parcel for SWPPP compliance or for defects in Grantee’s Erosion Control Measures.
1420
7444-127654\SJD619\DECL\1721578.5 15
ARTICLE III.
ENFORCEMENT OF RESTRICTIONS
The following shall govern the enforcement of the Restrictions contained in this SLUR Declaration.
3.1 General Purpose and Constructive Notice . The Restrictions shall run and pass with each and every portion of the Subject Parcel and be binding upon Grantee, and each of its successors and assigns, during any period during which Grantee (or each such su ccessor or assign) owns the Subject Parcel. All references to “Declarant” in this Article III shall mean and refer to Declarant, and to its successors and assigns. Except as specifically set forth herein, the Restrictions shall remain in full force and effect (until the stated date or expiry hereunder, if any, as applicable), notwithstanding Declarant’s exercise of any right or remedy herein due to a previous or repeated violation of any one or more of the previous Restrictions. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Parcel is and shall be conclusively deemed to have consented and agreed to every Restriction, provision, covenant, condition, right and limitation containe d herein, whether or not any reference to this SLUR Declaration is contained in the instrument by which such person acquired an interest in the Subject Parcel. Notwithstanding anything to the contrary contained in this Section, from and after (a) any perm itted re -subdivision of the Subject Parcel by Grantee hereunder, and (b) the subsequent conveyance in fee of any individual parcel thereof to any third-party that is not a commonly-controlled affiliate of the fee owner of the remainder of the Subject Parcel, Declarant shall cooperate with Grantee and/or such third parties to enter into an amendment to this SLUR Declaration or new declarations to allocate the responsibilities of Grantee hereunder amongst the owners of such individual parcels; provided, howev er, that in no event shall such amen dment to this SLUR Declaration affect the priority of this SLUR Declaration in any manner. Declarant may at its option as a condition to the execution of each such amendment or new declaration require the reimbursement by Grantee of Declarant’s reasonable attorneys’ fees in reviewing such materials and preparing such instruments.
3.2 Default and General Remedies. In the event of any breach, violation or failure to perform or satisfy any of the Restrictions which has not b een cured within the applicable cure period set forth below, Declarant at its sole option and discretion may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled by law or equity, whether or n ot set forth herein and Declarant and Grantee expressly agree that Declarant is entitled to such rights. Unless a cure period is otherwise specifically designated in this SLUR Declaration , such cure period shall commence when written notice is given to Grantee of a violation hereunder and s hall end ten (10) Business Days thereafter in the case of a monetary default, and thirty (30) days thereafter in the case of a nonmonetary default; provided that if a nonmonetary default is not reasonably susceptible of cure within such 30 -day period, then Grantee shall have a reasonable time to cure same so long as Grantee has promptly commenced such cure within the 30 -day period and thereafter diligently prosecutes the cure to completion. To the maximum extent allowable by law, all remedies provided herein or by law or equity shall be cumulative and not exclusive.
(a) Equity. Declarant shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with the Restrictions or an i njunction 1421
7444-127654\SJD619\DECL\1721578.5 16
to enjoin the continuance of any such breach or violation thereof, whether or not Declarant exercises any other remedy set forth herein.
(b) Damages. Declarant may bring a suit for damages for any compensable breach of or noncompliance with any of the Restrictions. (c) Declaratory Relief. Declarant may bring an action for declaratory relief to determine the enforceability of any of the Restrictions. (d) Abatement. Any breach or violation of these Restrictions or any provision hereof if not timely cured as provided above is hereby declared to be a nuisance.
ARTICLE IV.
INDEMNITY OBLIGATIONS
4.1 Comprehensive Indemnity of Declarant . Grantee and Declarant have agreed and intend that Declarant and each and all of the Declarant Parties shall not be liable for any los s, liability, cost, expense (includi ng attorneys’ fees), damage, injury or claim (collectively, “Claims”) of any kind or character to any person or property brought by any private party or Governmental Authority arising from or caused by (a) Grantee’s acqu isition of the Subject Parcel, activities within the Subject Parcel and/or the development thereof , or (b) the failure or refusal of Grantee to comply with the Development Conditions or Applicable Laws in connection with the development of the Subject Parc el and the Grantee Improvements thereon (collectively, the “Indemnified Matters”). Grantee, to the fullest extent permitted by law, agrees to indemnify, defend and hold harmless Declarant and the Declarant Parties, and their property, and each of their re spective shareholders, members, partners, principals, employees, agents and representatives, from all Claims arising from or relat ing to any such Indemnified Matter whether asserted or made by Grantee or any other person(s) or entities. The foregoing Inde mnified Matters shall include, witho ut limitation, any Claim arising from or relating to or caused by or alleged to arise from or be relating to or caused by any of the following, to the extent they pertain to an Indemnified Matter : (a) any use by Grantee or by any third party (other than a Declarant Party) of the Subject Parcel or any part thereof conducted with the express, written permission of Grantee, (b) any entry by Grantee (in its capacity as Grantee, or anyone active for or on its behalf) upon or u se of real property owned by Declara nt in connection with Grantee’s acquisition, development or use of the Subject Parcel , (c) any defect in the design, construction of, or material in, any structure or other improvement upon the Benefited Property constru cted by or on behalf of Grantee, (d) any negligent or intentional act or omission of Grantee or any of its agents, employees, licensees, invitees or contractors in connection with Grantee’s acquisition, development or use of the Subject Parcel , (e) any accident or casualty on the Subject Par cel to the extent occurring in connection with the activities of Grantee or its employees, agents or contractors thereon, (f) any misrepresentations, omissions or failure s to disclose by Grantee or any of its employees , agents or representatives in connection with Grantee’s acquisition, development or use of the Subject Parcel , (g) any release of Hazardous Substances or violation of any Hazardous Substances Laws or regulations, including the costs of clean -up, removal and disposal, resulting from Grantee’s failure to perform or observe any of its duties and covenants 1422
7444-127654\SJD619\DECL\1721578.5 17
under Section 2.1(c) of this SLUR Declaration, (h) a violation or alleged violation by Grantee or any of its employees, agents or representatives of any law now or hereafter enacted in connection with Grantee’s acquisition, development or use of the Subject Parcel , or (h) any subsurface geologic or groundwater condition with respect to the Subject Parcel or property located in the vicinity thereof.
4.2 Release and Waiver. As a material part of the consideration for Declarant’s agreement to convey the Subject Parcel to Grantee, Grantee, for itself and each of its present and future officials, officers, employees, agents, successors and assigns hereby waives all cl aims and demands against any Declarant Party for any such loss, damage, or injury of Grantee arising from, relating to, based upon, or in any way connected with any of the Indemnified Matt ers; provided, however, that the release and indemnity obligation un der this Section 4.2 shall not apply with respect to any fraud , willful misconduct, or gross negligence by Declarant or any Declarant Party.
Grantee, as to the foregoing release, expressly waives the provisions of Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Grantee hereby specifically waives any and all rights and benefits under said section as they relate to the matters released in this Section 4.2.
INITIALS: GRANTEE: _______ ________
4.3 Limitation. Notwithstanding anything to the contrary above, nothing contained in Article IV shall operate to relieve the responsible Declarant Party from liability for any Claim arising from the gross negligence or willful misconduct of such Declarant Party, nor shall Grantee be required to indemnify the responsible Declarant Party as to Claims arising from the gross negligence or willful miscon duct of such Declarant Party or its agents, servants or independent contractors who are responsible to that Declarant Party.
4.4 Survival of Covenants. Grantee’s covenants and releases set forth in Sections 4.1 and 4.2 , above, shall survive the conveyance by Grantee of all or any portion of the Subject Parcel, or development and construction of the Grantee Improvements thereon, and shall be binding on Grantee until su ch time as any Claim or action against Declarant relating to construction of the Grantee Improvements and development of the Project shall be barred by the applicable statutes of limitations.
4.5 Development Agreement. The provisions of this Article IV and the obligations of Grantee hereunder do not supersede, limit or modify in any way Developer’s indemnification obligations to the City contained in the Development Agreement, including but not limited to Sections 1.4 and 7 thereof.
1423
7444-127654\SJD619\DECL\1721578.5 18
ARTICLE V.
MISCELLANEOUS PROVISIONS
5.1 Waiver. No waiver by Declarant of a breach of any of the Restrictions by Grantee and no delay or failure to enforce any of the Restrictions shall be construed or held to be a waiver of any succeeding or preceding br each of the same or any other provision of the Restrictions. No waiver of any breach or default of Grantee hereunder shall be implied from any omission by Declarant to take any action on account of such breach or default if such breach or default persists or is repeated, and no express waiver shall be effective unless in writing nor shall it affect a breach or default other than as specified in said written waiver. The consent or approval by Declarant to or of any act by Grantee requiring Declarant’s consent or approval shall not be deemed to waive or render unnecessary Declarant’s consent or approval to or of any subsequent similar acts by Grantee.
5.2 Advances by Declarant . If Grantee fails to pay any sums required to be paid by Grantee hereunder within te n (10) Business Days following writt en notice from Declarant, Declarant shall be entitled to advance any sums Declarant in its sole and absolute discretion deems necessary to protect and preserve the security for its rights and interest under this SLUR Declaration (including but not limited to sums for any property taxes or assessments, insurance premiums, or amounts secured or represented by encumbrances or liens or other charges on any portion of the Subject Parcel which appear to be prior to Declarant’s rights and interest under this SLUR Declaration), all of which advances (together with interest equal to the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by law) shall be reimbursed by Grantee to Declarant within ten (10) Business Days after demand from Declarant.
5.3 Legal Costs . In the event any action (including any arbitration pursuant to Section 5.17 below) is instituted by a party to enforce this SLUR Declaration or any documents executed pursuant hereto, the prevailin g party in such action (as determine d by the court, arbitrator, agency or other authority before which such suit or proceeding is commenced) shall be entitled to such reasonable attorneys’ fees, arbitrator’s fees, costs and expenses as may be fixed by the decision maker. The foregoing includes, but is not limited to, reasonable attorneys’ fees, fees incurred by the arbitrator pursuant to an arbitration under Section 5.17 and related arbitration costs and expenses, and costs of investigation incurred in (a) appellate proceedings; (b) any post -judgment proceedings to collect or enforce the judgment; (c) establishing the right to indemnification; and (d) any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code (11 United States Code Sections 101 et seq.), or any successor statutes.
5.4 Rights of Lenders . No breach or violation of the Restrictions shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securi ng a loan made in good faith and for value with respect to the development or permanent financing of the Subject Parcel or any portion thereof. However, this SLUR Declaration and all provisions hereof shall be binding upon and effective against any subseq uent owner or other occupant of the Subject Parcel or portion thereof whose title is acquired by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise, but such subsequent owner shall have a reasonable period of time after taking title to c ure any continuing violation hereund er that is susceptible of being cured provided that such subsequent owner continuously and diligently acts to effect such cure. 1424
7444-127654\SJD619\DECL\1721578.5 19
5.5 Assignment by Declarant . Any and all of the rights, powers, duties and reservations of Dec larant herein contained may be assigned to any person or entity (including without limitation, any homeowners’ or owners’ association formed in connection with the Project, or any portion thereof) which will assume the duties (if any) of Declarant pertaini ng to the particular rights, powers and reservations assigned, and upon any such person or entity evidencing its consent in writing to accept such assignment and assume such duties, s/he or it shall, to the extent of such assignment, have the same rights a nd powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein.
5.6 Termination or Amendment . The Restrictions may be validly terminated, amended, modified or extended, in whole or in part, only by recordation by the Riverside County Recorder of a proper instrument duly executed and acknowledged by Declarant and Grantee to that effect.
5.7 Captions. The captions used herein are for convenience only and are not a part of this SLUR Declaration and do not in any way limit or amplify the scope or intent of the terms and provisions hereof.
5.8 Invalidity of Provision . If any provision of this SLUR Declaration as applied to Declarant or Grantee or to any circumstance shall be adjudged by a court of competent jurisdiction to be void, invalid, illegal or unen forceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this SLUR Declaration, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this SLUR Declaration as a whole.
5.9 Notices. Any notice or other communication required or permitted to be given under this SLUR Declaration shall be in writing and shall be delivered (i) by personal delivery, (ii) by Federal Express or another nationally reputable overnight courier service, or (iii) via email by attachment of a writing in portable document format (.pdf), provided that the party delivering such notice by e -mail receives an electronic return receipt with respect thereto , addressed as follows:
If to Declarant: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC
Attn: Michael Battaglia, President
Southern California
18300 Von Karman Ave, Suite 1000
Irvine, CA 92612
Email: [email protected]
With a Copy to: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC
Attn: Miek Harbur, SVP,
General Counsel and Secretary
18300 Von Karman Ave, Suite 1000
Irvine, CA 92612
Email: [email protected]
1425
7444-127654\SJD619\DECL\1721578.5 20
With a Copy to: JACKSON TIDUS
Attn: Sarah Kleinberg, Esq.
Steven J. Dettmann, Esq.
2030 Main Street, Suite 1500
Irvine, CA 92614
Email: [email protected]
[email protected]
If to Grantee: City of Eastvale
Attn: Mark Orme, City Manager
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Email: [email protected]
With a Copy to: Burke, Williams & Sorensen, LLP
Attn: Erica Vega, Esq.
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Email: [email protected]
Any party may from time to time change its address by w ritten notice to the other party in accordance with the foregoing; provided that such updated address must include a physical street address (and not a P.O. Box) capable of receiving deliveries from FedEx and similar overnight courier services and a valid email address capable of receiving an attachment in portable document format of up to ten megabytes (10MB). Any change of address shall become effective five (5) business days after delivery of such notice. Notices delivered as provided herein shall be deemed to have been given (i) at the time of receipt by personal delivery, (ii) one (1) business day after being deposited with Federal Express or another nationally reputable overnight courier service, or (iii) upon confirmation by the recipient of a retur n receipt to sender if sent via email.
Any notice or other document sent or delivered in any other manner shall be effective only if and when receipt thereof is acknowledged or confirmed.
5.10 Application to Declarant . Notwithstanding anything herein contain ed to the contrary, if Declarant rea cquires title to the Subject Parcel or any portion thereof at any time after the date hereof, the Restrictions shall automatically cease and terminate and be of no further force or effect as to Declarant and such acquire d property (but shall remain in effect as to any portion of the Subject Parcel not so reacquired), effective as of the date of such reacquisition by Declarant.
5.11 Time of Essence . Time is of the essence of each provision of this SLUR Declaration in which time is an element.
5.12 Other Restrictions . This SLUR Declaration is not the exclusive source of restrictions on the use of the Subject Parcel , and nothing herein contained shall prejudice or diminish in any way Declarant ’s rights under any other documents of record from time to time affecting all or any portion of the Subject Parcel.
1426
7444-127654\SJD619\DECL\1721578.5 21
5.13 Covenants Run with the Land . The Subject Parcel shall be held, developed, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the covenants, conditions, restrictions and other limitati ons set forth in this SLUR Declaration. The Restrictions are for the benefit of the Benefited Property and are intended and shall be construed as covenants and conditions running with and binding on the Subject Parcel and equitable servitudes upon the Subject Parcel and every part thereof. Furthermore, all and each of the Restrictions shall be binding upon and burden all persons having or acquiring any right, title or interest in the Subject Parcel , or any part thereof, and their successors and assigns, a nd shall inure to the benefit of the Benefited Property and the owners of the Benefited Property, their successors and assigns, and shall be enforceable by Declarant and its successors and assigns, all upon the terms, provisions and conditions set forth herein.
5.14 Counterparts. This SLUR Declaration may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.
5.15 Incorporation of Exhibits. All Exhibits and Schedules attached and referred to in this SLUR Declaration are hereby incorporated herein as though fully set forth herein (and shall be deemed to be a part of this SLUR Declaration).
5.16 Dispute Resolution; Arbitration . Any controversy, dispute or claim among or between the parties arising out of or relating to this SLUR Declaration shall be resolved solely and exclusively as provided in this Section 5.16:
(a) Informal Resolution. The party initiating the dispute resolution procedure shall submit to the adver se party a written demand that invokes this provision and identifies the nature of the dispute and all requested relief. The adverse party shall respond to the written demand within five (5) Business Days. If no writte n resolution is achieved ten (10) days after the demand is submitted (or any later date agreed to by the parties in writing), then the provisions of Section 5.16(b) shall govern.
(b) Formal Resolution.
(i) Any controversy, dispute or claim that has not been resolv ed pursuant to Section 5.16(a) shall be finally resolved by arbitration. The arbitration shall be governed by this SLUR Declaration and, to the extent that they do not conflict with this SLUR Declaration, Sections 1280 through 1294.2 of the California Cod e of Civil Procedure (or any amendments or successor statutes).
(ii) The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedure s, according to which an arbitrator with experience resolving disputes arising from c omplex real estate transactions shall be appointed to conduct the proceeding. Once the arbitrator has been identified, the party initiating the dispute resolution procedure shall provide both the written demand and any response to the arbitrator. (iii) Each par ty shall have the right to conduct discovery, including expert and third-party discovery. Limitations on discovery shall be determined by the arbitrator.
No party shall be entitled to “priority” in conducting discovery. Depositions may be taken by 1427
7444-127654\SJD619\DECL\1721578.5 22
either party upon seven (7) days ’ written notice. Written discovery requests shall be responded to within ten (10) days after service. Discovery disputes that cannot be resolved by the parties shall be submitted to the arbitrator whose decision on such matter s shall be final and binding.
All non -expert discovery must be completed no less than twenty (20) days before the first hearing date for the arbitration proceeding. Expert discovery must be completed no less than ten (10) days before the first hearing da te of the arbitration proceeding. F or good cause, however, the arbitrator may extend the period for discovery or allow additional discovery. (iv) The parties shall have the right to bring and the arbitrator shall rule on dispositive motions including, but not limited to, demurrers, motions to dismiss, and motions for summary judgment or adjudication. Section 437c of the California Code of Civil Procedure shall govern summary judgment or summary adjudication motions, except for notice periods or briefing schedules, which shall be determined by ag reement or by the arbitrator. Hearings on such motions must be held no less than ten (10) days before the first hearing date for the arbitration proceeding. If the parties are unable to agree upon a briefing schedule f or such motions, the arbitrator shall set the briefing schedule. (v) The arbitration shall be held within ninety (90) days after the date the written demand was first sent. Except as expressly set forth in this clause, the arbitrator shall determine the manner in which the arbitration is conduc ted including the time and place (within the County of Riverside, California) of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of arbitration. The arb itrator shall determine all issues in accordance with applicable decisional law. The presentation and admission of evidence shall be governed by the rules governing the presentation and admission of evidence in Riverside County Superior Court, including b ut not limited to the provisions of the California Evidence Code. All proceedings and hearings conducted before the arbitrator shall be transcribed by a court reporter unless both parties agree that no reporter is necessary. The costs of the court report er shall be borne equally by the parties , but may be awarded as costs to the prevailing party.
(vi) The arbitrator shall be empowered to enter equitable as well as legal relief, to provide temporary and/or provisional relief and to enter equitable orders that w ill be binding upon the parties; pro vided that, the arbitrator shall not have the authority to grant any remedy or relief that is expressly prohibited by, or that exceeds any limitations on remedies se t forth in, this SLUR Declaration. If the arbitrator d etermines that a remedy available to a party pursuant to this SLUR Declaration and sought by a party exceeds the arbitrator ’s authority, then the party denied such a remedy may initiate an action in the appropriate Federal or California court in the County of Riverside, California seeking ex clusively such a remedy or remedies.
This clause (vi) shall not be construed to provide any remedy to any party that is prohibited by this SLUR Declaration.
(vii) The arbitrator shall issue a single reasoned award at the clos e of the arbitration consistent with California Code of Civil Procedure § 1283.4. The arbitrator shall issue the final award within fifteen (15) days after the conclusion of the arbitration proceeding.
NOTICE: BY INITIALING THE SPACE BELOW, YOU ARE AGREE ING TO
HAVE ANY DISPUTE ARISING OUT OF THE M ATTERS INCLUDED IN THIS 1428
7444-127654\SJD619\DECL\1721578.5 23
SECTION 5.17(b) DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL , EXCE PT AS PROVIDED BY SECTION 5.16(b)(vi) ABOVE. BY INITIALING IN THE SPACE BELOW,
YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 5.16(b). IF
YOU REFUSE TO SUBMIT TO ARBITRATION A FTER AGREEING TO THIS SECTION 5.17(b), YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING OUT OF OR RELATING TO THE MATTERS INCLUDED IN THIS SLUR DECLARATION TO NEUTRAL ARBITRATION.
INITIALS: DECLARANT: _______ GRANTEE: _______
5.17 Further Assurances. Subject to the terms of this SLUR Declaration, e ach party hereto will, whenever and as often as it shall be re quested to do so by the other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, maps, consents and any and all oth er documents and do any and all other acts as may be necessary to carry out the intent and purpose of this SLUR Declaration, and reasonably necessary or required to satisfy and perform such party’s duties and obligations.
1429
7444-127654\SJD619\DECL\1721578.5 24
IN WITNESS WHEREOF, the undersign ed has executed this SLUR Declaratio n as of the date first above written.
DECLARANT:
THE NEW HOME COMPANY
SOUTHERN CALIFORNIA LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
GRANTEE:
CITY OF EASTVALE,
a California municipal corporation
By:
Name: Mark Orme
Title: City Manager
ATTEST:
______________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:
_______________________________
Erica Vega, City Attorney
1430
7444-127654\SJD619\DECL\1721578.5 25
ACKNOWLEDGEMENTS
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 ____________________ )
On _____________, 202__, before me, , a Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me th at 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.
WITNESS my hand and official seal.
Signature (Seal)
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 ____________________ )
On _____________, 202__, before me, , a Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
1431
7444-127654\SJD619\DECL\1721578.5 A-1
EXHIBIT A
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
LEGAL DESCRIPTION OF THE SUBJECT PARCEL
All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
Parcel 1:
LOT 36 OF TRACT NO. 3859 5 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON JUNE 11 , 202 5, IN BOOK 501, PAGES 83 TO 93,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORD ER
FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
APN: 164-780-______
1432
7444-127654\SJD619\DECL\1721578.5 B-1
EXHIBIT B
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
LEGAL DESCRIPTION OF THE BENEFITED PROPERTY*
All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
Parcel 1 (Phase “A” (portion)):
Lots 1 through 61, inclusive, and Lots “A” throu gh “R”, inclusive, of Tract No. 38594, as per subdivision map filed in Book 494, Pages 87 through 115, inclusive, of Maps, in the Official Records of the County of Riverside, State of California.
Parcel 2 (Phase “B” (portion)):
Lots 1 through 35, inclusive, and Lots “A” through “H”, inclusive, of Tract No. 38595, as per subdivision map filed in Book 501, Pa ges 83 through 93, inclusive, of Map s, in the Official Records of the County of Riverside, State of California.
Parcel 3 (Phase “B” (portion)):
Parcel “C” of Lot Line Adjustment No. 2022 -001, recorded August 24, 2022, as Instrument No. 2022 -0370918, Offici al Records of said County of Riverside, State of California, lying within the Southeast Quarter of Fractional Section 24, Township 2 South, Range 7 West, San Bernardino Meridian.
Parcel 4 (Phase “B” (portion)):
Parcel “A” of Lot Line Adjustment No. 2024 -001, recorded August 19, 2024, as Instrument No. 2024 -0248384, Official Records of said County of Riverside, State of California , lying within the Southeast Quarter of Fractional Section 24, Township 2 South, Range 7 West, San Bernardino Meridian.
Parcel 5 (Phase “C”):
Parcels “B” and “C” of Lot Line Adjustment No. 2024 -001, recorded August 19, 2024, as Instrument No. 2024 -0248384, and a portion of Parcel “A” of Lot Line Adjustment No. 2022 -001, recorded August 24, 2022, as Instrument No. 2022 - 0370918, Official Records of said County of Riversi de, State of California, lying within the Southeast Quarter of Fractional Section 24, Township 2 South, Range 7 West, San Bernardino Meridian.
[DRAFTING NOTE: THE LIST OF PARCELS IS ANTICIPATED TO BE REDUCED AS
LAND IN THE PROJECT IS CONVEYED BY DECLARANT TO UNAFFILIATED THIRD PARTIES.]
* The real property described in the foregoing “Legal Description of the Benefited Property” shall constitute Benefited Property only during the period that it is owned by Declarant, a Declarant Party or an express assignee of Declarant’s rights under this Declaration. 1433
7444-127654\SJD619\DECL\1721578.5 C-1
EXHIBIT C
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
REQUIREMENTS AND RESTRICTIONS FOR
DEVELOPER IMPROVEMENTS
Permitted Uses: Traditional public uses, including without limitation, civic center, public parking lot or structure, community center, senior center, park, library or comparable facilities and uses.
A localized electrical network (microgrid) serving a traditional public use.
If Grantee Improvements include any parking lot or facilities, i t shall be solely for passenger automobile/vehicle parking . As used herein, the phrase “passenger automobile/vehicle parking” shall not include the parking of recreational vehicles, boats, construction equipment, tractor s, trailers or non -operational vehicles, or for the long -term parking or storage of vehicles of any kind.
Specifically Prohibited Uses: The Subject Parcel may not be used for ( a) any use or uses not constituting a Permitted Use; ( b) construction of impro vements for which, when combined wit h other improvements on the Subject Parcel would impact or reduce , in any way, density authorizations or limitations contained in the Development Conditions with respect to the Subject Parcel or the Project ; (c) any resi dential dwellings (including apartments or rental housing), except upon a development and come -to-market schedule approved by Declarant, together with an allocation of community common area maintenance cost of any master or homeowners’ association, the amo unt of which shall be
determined by Declarant in its sole but good faith discretion; or (d) any industrial uses.
No portion of the Subject Parcel may be used by Grantee or developed in a manner that is inconsistent with the community and family-oriented character of the Project, including without limitation, any of the following:
a. Criminal Detention or Rehabilitation Facilities . Jails or other facilities for the detention of convicted criminals, bail bond agencies, probation offices, facilities or busin esses providing counseling, rehabili tation or post -detention services to convicted criminals, facilities providing post - detention or transitional housing to convicted felons.
b. Homeless Shelters. Facilities or businesses providing short-term shelter, transitional housing, vocational training or 1434
7444-127654\SJD619\DECL\1721578.5 C-2
free meal services to transients or homeless persons.
c. Adult Entertainment . Establishments or businesses
principally engaged in the production, filming, recording, sale or distribution of films, recordings, ph otographs or other electronic or dig ital media of nude or partially nude persons performing or simulating sexual acts; businesses that feature or exhibit live or recorded X -rated or pornographic
entertainment or sell pornographic material to the public. d. Dangerous Uses . Facilities or businesses principally engaging in the on -site manufacture, sale, storage or
distribution of inherently dangerous, hazardous or unsafe goods, such as explosives, fireworks, munitions or
ammunition; provided, however, that s ales of guns and
ammunition incidental to operation of a retail sporting goods store shall not be prohibited by this provisions so long as such goods are stored, marketed and sold in strict compliance with Applicable Laws.
e. Cannabis. Businesses engaging in the manufacture, sale, storage or distribution of cannabis, cannabis derivatives or cannabis-containing products, whether or not such uses are otherwise permitted under the Development Conditions or Applicable Law.
f. Parking for RVs, Watercraft, Tr ailers or Long -Term Parking of Vehicles. The parking or storage of recreational vehicles, boats, trailers or non-operational vehicles, or for the long-term parking or storage of vehicles of any kind.
g. Other Undesirable Uses. Slaughterhouses, trailer c ourts, animal hide tanneries, canneries, barns, stables, cemeteries, crematoriums, junk yards, scrap metal yards, waste material businesses, any “fire sale”, “bankruptcy sale” or “public auction” businesses or thrift stores principally engaged in vending donated second-hand goods.
1435
7444-127654\SJD619\DECL\1721578.5 E-1
EXHIBIT D
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
PLANS AND DRAWINGS
FOR DECLARANT REVIEW AND APPROVAL
Declarant’s plan review process is to confirm that principal improvements and exterior elevations conf orm to Project design quality and appearance that do not detract from the Declarant’s standards for the Project.
(a) Proposed Site Plan Submission
The Proposed Site Plan submission shall include the following:
Aerial diagram showing location of primary improvements Preliminary driveway, loading dock and access layout
A written narrative describing the improvements and design intent, including architectural design concepts intended for Grantee’s Proposed Project
Site plan including proposed finished floor elevations (b) Exterior Elevations and General Design Study
The Exterior Elevation Study drawings will illustrate the general appearance of vertical improvements and will include a depiction of proposed landscaping and other screening/mitigation of utility and s imilar above -grade facilities . The submittal package to Declarant for its review and approval shall include the following details:
Refinements, if any, to the Proposed S ite Plan (including grade elevations, setbacks)
Colored schematic exterior building and garage elevations (all sides)
Schematic landscape plans of project perimeter and right -of-way landscaping
Preliminary Civil Engineering plans and drawings showing above grade infrastructure such as backflow valves, fire standpipes, pull boxes, pull s ections, generators, transformers, s witches, meter boxes, utility and telecommunication equipment , and the landscaping and other aesthetic screening thereof.
Preliminary exterior lighting plan
1436
RECORDING REQUESTED BY:
WHEN RECORDED, MAIL TO:
City of Eastvale
City Clerk
APN: 164-780- ____ SPACE ABOVE THIS LINE FOR RECORDER’S USE
Documentary Transfer Tax is: $ 0
[ ] computed on the consideration or full value of property conveyed, OR
[ ] computed on the consideration or full value less value and/or encumbrances remaining at time of
sale,
[ ] unincorporated area; [ X ] City of Eastvale
The Undersigned Grantor(s) Declare(s):
EXEMPT FROM BUILDING HOMES AND JOBS ACTS
FEE PER GOVERNMENT CODE SECTION
27388.1(a)(2)(D);
THIS DOCUMENT IS EXEMPT FROM
DOCUMENTARY TRANSFER TAX.
Grantee is a governmental entity. (Revenue and
Taxation Code Section 11922)
GRANT DEED
(Lot 36 of Tract No. 38595)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE NEW HOME COMPANY SOUTHER N CALIFORNIA LLC , a Delaware limited liability company (“Grantor”), hereby grants to CITY OF EASTVALE, a California municipal corporation (“Grantee”) the real property in the City of Eastvale, County of Riverside, State of California, described on Exhibit A, attached hereto and incorporated herein by reference, together with all appurtenant improvements, rights, easements, tenements, and estates.
SUBJECT TO:
1. Current taxes and assessments;
2. The covenants, restrictions, reservations and rights contained in that certain Declaration of Special Land-Use Restrictions being recorded concurrent herewith;
3. The rights of Grantor under that certain instrument entitled Option to Repurchase Property and Construction Covenants, Conditions and Restrictions being recorded concurrent herewith ; and
4. All other covenants, conditions, restrictions, reservations, rights, rights -of-way and easements of record.
1437
[SIGNATURE PAGE TO GRANT DEED
FROM THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC
TO CITY OF EASTVALE]
Dated: ____________________, 2025
GRANTOR:
THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC,
a Delaware limited liability company
By:
Name:
Its:
By:
Name:
Its:
1438
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company, on the Grant Deed dated _____________, 2025, to the CITY OF EASTVALE , a municipal corporation (“ Grantee”), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority granted by City Council by minute order on ______________, 2025, and the Grantee consents to recordation thereof by said City Clerk, its duly authorized officer.
CITY OF EASTVALE,
a California municipal corporation
By:
Name/Title:
Approved as to form:
City Attorney
By:
Name:
1439
ACKNOWLEDGMENTS
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 ____________________ )
On ________________, 202__, before me, , a Notary Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
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 ____________________ )
On ________________, 202__, before me, , a Notary Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
1440
APN: 164-780-____
[End of Legal Description.]
7444-129605\SJD619\1721579.2
11/3/25
1441
1 GENERAL ASSIGNMENT
(Parcel__ of Tract No. _______)
THIS GENERAL ASSIGNMENT (this “Assignment”) is made as of __________ __, 20___ (the “Effective Date”) by THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“Assignor”), in favor of ___________________, a ____________________ (“Assignee”).
R E C I T A L S :
A. Concurrently herewith, Assignor is conveying to Assignee its interest in the real property more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof (the “Property”), pursuant to that certai n Agreement for Purchase and Sale of Real Property and Preliminary Escrow Instructions dated ______________, 20___ by and between Assignor, as “Seller,” and Assignee, as “Purchaser” (the “Purchase Agreement”).
B. Pursuant to the Purchase Agreement, Assignor and Assignee have agre ed to execute this Assignment to effectuate the transfer to Assignee of Assignor’s right, title and interest in and to certain agreements, contracts, documents and instruments and all licenses, permits, plans, maps related to Assignor’s use, development and operation of the Property and certain other intangible property, subject to the terms hereof.
NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, A ssignor hereby agrees as follows:
1. Assignment. Assignor hereby assigns, conveys, transfers and sets over unto Assignee to the extent assignable any and all of Assignor’s right, title and interest, if any, in and to the intangible property appurtenant to or owned in connection with the Property (to the extent relating thereto) including without limitation, the following:
a. Agreements and Contracts . The agreements and contracts described on Exhibit “B” attached hereto (the “Contracts”).
b. Governmental Approvals and Certificates . To the extent permissible by law, all of Assignor’s right, title and interest, if any, in and under any development entitlements and zoning, use, occupancy and operating permits, all other permits, licenses, approvals, certifica tes, prepaid fees, reimbursements , to the extent directly and solely relating to ownership, use and development of the Property (and to the extent included as part of the Property under the Purchase Agreement), but subject to any and all restrictions and limitations set forth in the Development Conditions (as such term is defined in the Purchase Agreement). c. Warranties. Any warranties with respect to and grading or other construction of improvements on the Property.
1442
2 2. Assumption. Purchaser hereby accepts said assignment, and agrees to assume all of the duties, covenants, obligations and burdens appurtenant to ownership of the Property that first arise or accrue after the Effective Date.
3. No Representations or Warranties. Except as expressly set forth in the Purchase Agreement, the assignment of rights and interests contained in this Assignment are made without representation or warranty by Assignor of any kind or nature and are expressly made without recourse to Assignor of any kind or nature whatsoever. Except as provided in the Purchase Agreement, in addition to, and without limitation of the foregoing, Assignor makes no warranty, express or implied, as to the merchantability, title, marketability, fitness, or suitability for a particular purpose of the rights assigned herein, and the rights are conveyed to Assignee on an “as-is”, “where-is” condition, with all faults.
4. Governing Law . This Assignment shall be construed under and enforced in accordance with the laws of the State of California.
5. Further Assurances. Assignor agrees to execute and deliver to Assignee, upon demand, such further documents, instruments and conveyances, and take such further actions as necessary or desirable to effectuate this Assignment.
6. Attorneys’ Fees; Costs . Upon the bringing of any action, suit or arbitration by Assignee against Assignor arising out of this Assignment or the subject matter hereof, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all reasonable, out -of-pocket costs and expenses of suit including, without limitation, reasonable attorneys’ fees and costs.
7. Successors and Assigns. This Assignment shall inure to the benefit of, and be binding upon, the successors, executors, administrators, legal representatives and assigns of the parties hereto.
8. Counterparts; Electronic Signatures . This Assignment may be executed in a number of id entical counterparts which, taken together, shall constitute collectively one (1) instrument; in making proof of this Assignment, it shall not be necessary to produce or account for more than one such counterpart with each party’s signature. Further, any signed or initialed page of this Assignment may be executed and transmitted by email or other electronic transmission, including by DocuSign, in portable document format (.pdf), or any comparable image format, and delivery by such transmission of an execut ed signature page (or initialed page) of this Assignment shall be deemed effective for all purposes as though this Assignment was executed and delivered as a “blue ink” original, and shall be enforceable in accordance with the Electronic Signatures in Glob al and National Commerce Act, (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transaction Act and California Uniform Electronic Transactions Act (Cal.
Civ. Code §§ 1633.1 to 1633.17), as such laws may be amended from time to time.
[Signature Page(s) Attached]
1443
[SIGNATURE PAGE TO GENERAL ASSIGNMENT]
IN WITNESS WHEREOF, Assignor and Assignee have executed this General Assignment as of the Effective Date.
ASSIGNOR: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC,
a Delaware limited liability company
By:
Name:
Title:
ASSIGNEE: _________________________,
a ________________________
By:
Name:
Title:
1444
EXHIBIT “A”
Legal Description of the Property
[See attached.]
1445
EXHIBIT “B”
Assigned Agreement and Contracts*
None.
1446
3039/033534-0021
22529365 7444-129605\SJD619\1727411.1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF EASTVALE
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
Attn: City Clerk
Space above this line for Recorder’s Use Only Exempt from Fees Per Gov. Code§ 6103
PARTIAL ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT NO. 003
By and Between
THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC,
a Delaware limited liability company
(“Assignor”)
And
CITY OF EASTVALE,
a California municipal corporation
(in its capacity as owner of the Subject Parcel)
(“Assignee”)
January ___, 2026
Riverside County, California
1447
3039/033534-0021
22529365 -2- 7444-129605\SJD619\1727411.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF EASTVALE
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
Attn: City Clerk
(Space Above For Recorder’s Use)
PARTIAL ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT NO. 003
(Lot 36, Tract 38595)
This Partial Assignment and Assumption of Development Agreement No. 00 3 (this “Partial Assignment”), is dated for informational purposes only as of the ___ day of January, 2026, and is entered into by and between The New Home Company Southern California LLC, a Delaware limited liability company (“Assignor”), and City of Eastvale, a California municipal corporation (“Assignee”).
RECITAL
A. Assignor, as “Developer”, and the City of Eastvale, a California municipal corporation, as “City”, entered into that certain Development Agreement No. 003 dated May 11, 2022 , and recorded on July 27, 2022 as Document Number 2022-0334458 in the Official Records of the County Recorder of Riverside County, California ( as may be amended from time to time, the “Development Agreement”).
B. Assignee has or will acquire from Assignor certain real property identified on Exhibit “A” attached hereto (the “Property”) in accordance with the terms of that certain Agreement for Purchase and Sale of Real Property dated as of December ___, 2025, by and between Assignee and Assignor (as amended , the “Purchase Agreement”). Assignor now desires to assign its interest in the Development Agreement to Assignee as to the Property.
C. Recognizing that Assignee, upon acquiring the Property, will constitute the Developer with respect to the Property and will also be the City under the Development Agreement, the parties believe that the Property may no longer be bound by the Development Agreement due to the common identity of obli gor and obligee . For the purpose of clarity, Assignee may nonetheless initiate proceedings to cancel the Development Agreement with respect to the Property in accordance with Government Code Section 65868. Assignee’s execution of this Partial Assignment shall be deemed to constitute City’s consent to this sale, transfer and assignment of the Property, and its approval of this Partial Assignment as set forth in Sections 10.3 and 10.3.4, respectively, of the Development Agreement.
D. This Partial Assignment shall be effective as of the later of (i) the date that the grant deed conveying the Property to Assignee is recorded in the Official Records and (ii) the date that this Partial Assignment is recorded in the Official Records (the “Effective Date”).
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Assignor and Assignee agree as follows:
1448
3039/033534-0021
22529365 -3- 7444-129605\SJD619\1727411.1
1. Assignment of Rights. Assignor hereby sells, transfers, assigns, conveys and delivers to Assignee all of Assignor’s rights, ti tle, interests, and obligations to, in and under the Development Agreement arising from and after the Effective Date solely with respect to the Property. This Partial Assignment is only intended to assign those rights and obligations of Assignor under the Development Agreement which concern the Property and does not assign any rights or obligations under the Development Agreement with regard to any of the other land described in the Development Agreement.
2. Assumption of Responsibilities . Assignee does hereb y assume all of Assignor’s rights, title and interests to, in and under the Development Agreement as well as all responsibilities, liabilities and obligations under the Development Agreement, in each case solely to the extent arising from and after the Effective Date and solely to the extent relating to the Property. Assignee shall not be responsible for any default by Assignor under the Development Agreement prior to the Effective Date.
3. Successors and Assigns. This Partial Assignment shall be binding upon and inure to the benefit of the heirs, successors, executors, administrators, and assigns of all the parties.
4. Effectivity and Amendments. No provision of this Partial Assignment may be amended or added to except by an agreement in writing signed by the p arties hereto or their respective successors - in-interest. This Partial Assignment shall be effective upon the Effective Date.
5. Severability. Any provision of this Partial Assignment which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
6. Partial Release. Assignor agrees that Assignee shall use reasonable efforts to promptly seek to cause the Property to be released from the land bound by the Development Agreement.
7. Attorneys’ Fees. In the event of any action or proceeding brought by either party against the other under this Partial Assignment, the prevailing party shall be entitled to recover all costs and expenses including the actual fees of its attorneys incurred for prosecution, defense, consultation, or advice in such action or proceeding.
8. Notice. The Notice Address described in the Development Agreement for the Assignee shall be:
If to Assignee: City of Eastvale
Attn: Mark Orme, City Manager
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Email: [email protected]
9. Counterparts. This Partial Assignment may be executed in multiple counterparts which together shall constitute the Agreement.
[Signatures Appear on Following Pages]
1449
3039/033534-0021
22529365 7444-129605\SJD619\1727411.1
“ASSIGNOR”
THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC,
a Delaware limited liability company
By: ________________________________
Name: Michael Battaglia
Title: President
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 ______________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
1450
3039/033534-0021
22529365 7444-129605\SJD619\1727411.1
“ASSIGNEE”
CITY OF EASTVALE,
a California municipal corporation
By:
Name: Mark Orme
Title: City Manager
ATTEST:
______________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:
_______________________________
Erica Vega, City Attorney
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 ______________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
1451
3039/033534-0021
22529365 EXHIBIT “A” 7444-129605\SJD619\1727411.1
EXHIBIT “A”
TO
PARTIAL ASSIGNMENT AGREEMENT - DEVELOPMENT AGREEMENT
Legal Description of Property
That certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
LOT 36 OF TRACT NO. 38595 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON JUNE 11, 2025, IN BOOK 501, PAGES 83 TO 93,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
1452
4908-8794-1243 v1 1
7444-129605\SJD619\1724872.1
10/28/25
RECORDING REQUESTING BY:
Fidelity National Title Insurance Company
WHEN RECORDED, MAIL TO:
Jackson Tidus, a Law Corporation
2030 Main Street, Suite 1500
Irvine, California 92614
Attn: Steven J. Dettmann, Esq.
(7444-129605)
APN: 164-780-______ (Space Above For Recorder’s Use)
OPTION TO REPURCHASE PROPERTY AND CONSTRUCTION
COVENANTS, CONDITIONS AND RESTRICTIONS
(LOT 36, TRACT NO. 38595)
THIS OPTION TO REPURCHASE PROPERTY AND CONSTR UCTION
COVENANTS, CONDITIONS AND RESTRICTIONS (this “Instrument”) is entered into as of this ___ day of __________, 20 __, by and between CITY OF EASTVALE , a California municipal corporation (“City”), as optionor, and THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“Company”), as optionee.
R E C I T A L S
A. Company is the master developer of certain real property located in the City of Eastvale, County of Riverside (the “County”), State of California . Declarant is developing the site with a master-planned community (the “Master Project”) B. Concurrently herewith, Company is conveying to City that certain real property in the Master Project more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Parcel”) which will be made subject to a Declaration of Special Land-Use Restrictions (the “SLUR Declaration”) recorded concurrently herewith in the Official Records of the County.
C. As a material consideration inducing Company to enter into that certain Agreement for Purchase and Sale of Real Property and Preliminary Escrow Instructions dated December ___, 20 25 (the “ Purchase Agreement”) and to convey the Parcel to City, City represented and covenanted to Company that (1) City would improve the Parcel with a parking facility and localized electrical networ k (microgrid) or other Permitted Uses as defined in the SLUR Declaration and as approved by Company pursuant to the SLUR Declaration (collectively, the “Anticipated Improvements”), and (2) City would not resell the Parcel, or any portion thereof, prior to Substantial Completion of such Anticipated Improvements. Initially 1453
4908-8794-1243 v1 2
7444-129605\SJD619\1724872.1
capitalized terms used herein and not otherwise defined shall have the meanings ascribed to said terms in the Purchase Agreement or in the SLUR Declaration.
D. For purposes of this Instru ment, the term “Substantial Completion” of the Anticipated Improvements shall be deemed to have occurred when City shall have obtained a valid final inspection and authorization for occupancy of the Anticipated Improvements.
E. City acknowledges that it has agreed with Company, and that Company is relying on City’s covenant, to refrain from selling or otherwise conveying fee title to the Parcel, or any portion thereof, until Substantial Completion of the Anticipated Improvements shall have occurred.
A G R E E ME N T
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, including, without limitation, the conveyance to City of the Parcel, City agrees that the Parcel being conveyed to City concurrently herewith shall be subject to t he covenants, conditions and restrictions contained in this Instrument , and the rights and option granted to Company herein.
Section 1. Grant of Option . City hereby grants to Company an exclusive option (the “Repurchase Option” ) to repurchase the Parcel, and each part thereof, except for those portions of the Parcel on which any portion of the Anticipated Improvements have been Substantially Completed. If the Repurchase Option is exercised, the repurchase transaction shall be on the terms and conditions set forth herein, and fee title to the Parcel (excepting only that portion thereof described hereinabove) shall be delivered to Company (or its nominee) subject only to the following: ( i) then-current taxes and assessments ; (ii) matters affecting title existing at the time the Repurchase Option is granted ; (iii) matters affecting title that are created, made, consented to in writing or requested in writing by Company, its successors or assigns ; ( iv) matters shown as printed exceptions in the standard form American Land Title Association owner’s policy of title insurance; and ( v) easements for public utilities used in connection with any improvements constructed on the Parcel . For purposes of this Instrument, a “Permitted Transfer” shall mean (a) any lease made for fin ancing purposes so long as the City continues to have the right to use and occupy the Parcel and/or cause the construction of the Anticipated Improvements on the Parcel, and (b) any and all transfers, conveyances and sales of the Parcel following Substantial Completion of the Anticipated Improvements.
Section 2. Conditions to Exercise . The Repurchase Option shall become exercisable only if, at any time, City sells or conveys, or otherwise assigns or transfers, its title or beneficial interest in all or any portion of the Parcel prior to Substantial Completion thereon of the Anticipated Improvements . Any party acquiring all or any portion of the Parcel from the City in a transfer that is not a Permitted Transfer (a “ Bound Transferee”) shall be bound by, and their interest shall be encumbered by the rights and option of Company under this Instrument and the SLUR Declaration. Notwithstanding anything to the contrary set forth herein, the Repurchase Option shall not be or become exercisable during any period that all or any portion of the Parcel is owned by the City, but may be exercised against the interest of each and any owner thereafter 1454
4908-8794-1243 v1 3
7444-129605\SJD619\1724872.1
(including without limitation, the purchaser of the Parcel from the City ) subject to the terms hereof and the rights of the Company described herein.
Section 3. Term; Release. The option, terms, covenants, conditions and restrictions set forth herein (a) are declared to be for the benefit of the property described on Exhibit B, attached hereto, for as long as Company continues to own any portion thereof (the “Company Land”), (b) shall be binding upon all parties having or acquiring any right or title in the Parcel (or any part thereof ) from the City and are imposed upon the Parcel and every part thereof as a servitude in favor of the Company Land and every portion thereof as the dominant tenement or tenements, and (c) shall automatically terminate upon the date on which Substantial Completion has occurred for all Anticipated Improvements or the Expiration Date under the SLUR Declaration, whichever i s first to occur . Within ten (10) days of a written request from City, Company shall execute and deliver to City a quitclaim deed relinquishing all rights under this Instrument on or after the Substantial Completion of the Anticipated Improvements shall have occurred, on or after such date as Company no longer owns any portion of the Company Land, or on or after the Expiration Date under the SLUR Declaration so long as, prior thereto, the Parcel has not been sold or conveyed by City and City has not assigned or transferred its interest therein (other than in accordance with a Permitted Transfer) to any third party.
Section 4. Repurchase Price. If Company elects to exercise the Repurchase Option, Company shall give written notice of said exercise to the Bound Transferee on or before the date (the “Option Exercise Due Date”) that is ninety (90) days following delivery of written notice from City or such Bound T ransferee notifying Company that a conveyance has occurred with respect to the Parcel that was not a Permitt ed Transfer ; provided that the Repurchase Option conditions shall be deemed satisfied, and the Repurchase Option shall be exercisable, in accordance with Section 2 whether or not City or its Bound Transferee delivers such notice to Company if Company indep endently learns of a non -Permitted Transfer . Regardless of the purchase price or other consideration paid by the Bound Transferee or received by City , t he purchase price (the “Repurchase Price”) payable upon exercise of the Repurchase Option shall be the lesser of (X) the final and binding Fair Market Value as determined in accordance with Section 4.3 below for the interest conveyed by City , or (Y) the Purchase Price for which City purchased the Parcel from Company, decreased by Company’s original “costs of sale” (which shall mean costs of escrow, sales commissions, title insurance premiums, attorneys’ fees and documentary transfer taxes ). If less tha n all of the Parcel was transferred by City to the Bound Transferee, then the Repurchase Price amount calcul ated in accordance with clause (Y) shall be reduced to a fraction, the numerator of which is the land area of the transferred portion of the Parcel transferred to the Bound Transferee and the denominator shall be the total land area of the Parcel. In the event that the Parcel is encumbered by a mortgage, deed of trust , mechanics’ liens, or other liens or monetary encumbrance, Company shall be credited at closing with the unpaid and outstanding amounts thereof that are senior liens and encumbrances to the Re purchase Option and any liens or encumbrances recorded following the recordation of this Instrument shall be invalidated and of no further force or effect . Each of the City and the Bound Transferee shall be obligated to remove all personal property, incomp lete improvements, debris and materials from the Parcel upon the closing of the repurchase transaction.
Section 4.1. Non-Compliant Improvements . To the extent that the Anticipated Improvements are not constructed substantially in accordance with the Company - 1455
4908-8794-1243 v1 4
7444-129605\SJD619\1724872.1
approved Proposed Project Site Plan and Exterior Elevation Designs , the Anticipated Improvements shall be not be deemed to have achieved Substantial Completion and the Repurchase Option shall remain, and shall become exercisable upon any transfer that is not a Permitted Transfer.
Section 4.2. Fair Market Value . The term “ Fair Market Value ” shall mean the value of the Parcel together with any i mprovements thereto in their “AS IS” condition, subject to the restrictions and covenants imposed by the SLUR Declaration , as mutually determined in good faith by the parties hereto; or, if the parties are unable to mutually agree, then as determined by the appraisal procedure set forth below.
Section 4.3. Appraisal Procedure . If Company and the subject Bound Transferee fail to agree to the Fair Marke t Value within ten (10) business days after the date on which Company exercises the Repurchase Option, then the following procedures shall apply:
a. Company Appraisal . Within thirty (30) days following Company’s exercise of the Repurchase Option, Company, a t its cost, shall deliver to Bound Transferee a written appraisal of the Parcel prepared by an independent qualified appraiser ( the “Company Appraisal”), determining the fair market value of the Parcel in its “AS IS” condition and subject to all applicable development limitations and restrictions under the Development Documents and other encumbrances affecting the Parcel. The term “ independent qualified appraiser” as used in this Instrument shall mean a professional independent appraiser with a minimum o f ten (10) years’ experience with reasonably comparable properties located in the County, and who is a Member of the American Institute of Real Estate Appraisers (R.M. or M.A.I.), the Society of Real Estate Appraisers (S.R.A., S.R.P.A., or S.R.E.A.), the Ame rican Society of Appraisers, or another recognized association of appraisers, or a similar association of real estate appraisers that has adopted rules and regulations governing the professional conduct and ethics of its members requiring independent appra isals without bias to any party or to any result.
b. Bound Transferee Appraisal. If the Bound Transferee does not agree with the Company Appraisal, it shall notify Company in writing of such disagreement within ten (10) days after receipt of the Company Appraisal and, within thirty (30) days of such notice, the subject Bound Transferee, at its cost, shall deliver to Company a written appraisal of the applicable Fair Market Value with which Bound Transferee agrees, prepared by an independent qualified appraiser (the “Bound Transferee Appraisal”). If said Bound Transferee fails to deliver the Bound Transferee Appraisal within thirty (30) days or if the Bound Transferee Appraisal is equal to the Company Appraisal, then the Company Appraisal shall constitute the final and binding determination of the applicable Fair Market Value. c. Final Appraisal. If the Bound Transferee Appraisal is delivered to Company within such 30 -day period and indicates a market value that is greater than that indicated in the Company Appra isal, and if the Bound Transferee and Company cannot then agree as to the applicable Fair Market Value within ten (10) days after delivery of the Bound Transferee Appraisal to Company, then (i) if the disparity of the market values indicated in each of the appraisals is less than or equal to ten percent (10%), then the Repurchase Price shall be the average of the Company Appraisal and the Bound Transferee Appraisal , and (ii) if the disparity 1456
4908-8794-1243 v1 5
7444-129605\SJD619\1724872.1
of the market values indicated in each of the appraisals is greate r than ten percent (10%), then Bound Transferee and Company shall, within ten (10) days thereafter , mutually agree on a third independent qualified appraiser acceptable to them to make an independent determination of the applicable Fair Market Value (the “ Final Appraisal”) within thirty (30) days of the selection of the third appraiser , which appraisal amount shall not be greater than the Bound Transferee Appraisal nor less than the Company Appraisal, whereupon the Fair Market Value determined by the Final Appraisal shall constitute the Repurchase Price. d. Terms of Procedure . The procedure set forth above for determining the Fair Market Value shall be the exclusive procedure therefor and shall be final and binding on the parties hereto.
Section 5. AS-IS Condition . Co mpany will acquire the relevant portion of the Parcel, if at all, “AS IS,” in its present state and condition, without representation s or warranties by City, Bound Transferee, or their representatives as to any matter, whether or not expressly mentioned he rein. “AS IS” shall also be deemed to include any Anticipated Improvements described in this Instrument that have been completed prior to the closing. No patent or latent condition affecting the Parcel in any way, whether or not known or discoverable or hereafter discovered, shall affect Company’s obligation to repurchase the applicable portion of the Parcel after its exercise of the Repurchase Option or its obligation to perform any other act otherwise contained in this Instrument, nor shall any such con dition give rise to any right of damage or rescission against City or Bound Transferee.
Section 6. Escrow.
Section 6.1. Opening of Escrow . Concurrently with the exercise of the Repurchase Option, Company shall deliver a copy of the written notice of exercise of the Repurchase Option, together with a copy of this Instrument, to Fidelity National Title Insurance Company (“Escrow Holder”). Upon delivery of such documents to Escrow Holder, an escrow (“Escrow”) for the repurchase of the Parcel, or portion thereof, shall be deemed to be opened.
Company and Bound Transferee agree to be bound by the standard General Escrow Provisions of Escrow Holder as in effect at such time and to execute and deliver to Escrow Holder the same.
In the event of any discrepancy between this Instrume nt and such further instructions, the provisions of this Instrument shall prevail.
Section 6.2. Close of Escrow . The closing (the “Closing”) for Company’s repurchase of the Parcel, or portion thereof, shall take place through Escrow on that date which is not greater than ninety (90) days from the opening of Escrow, or such other date as the parties may mutually agree upon ; provided however, that if the Fair Market Value is determined pursuant to the appraisal procedure set forth herein above, the Closing shall be exten ded until the date which is ten (10) business days following the final and binding determination of the Fair Market Value. The Closing shall be subject only to ( a) Company's approval of the then -current preliminary title report which shall show title in t he manner set forth in Section 1 above (provided, however, that Company may cause Escrow Holder to satisfy any indebtedness secured by any mortgage, deed of trust or other monetary encumbrance affecting the Parcel as more specifically set forth in Section 5.3 below) and (b ) Escrow Holder's delivering to Company through Escrow an ALTA Extended Coverage Owner's Policy of Title Insurance (the “Title 1457
4908-8794-1243 v1 6
7444-129605\SJD619\1724872.1
Policy”) issued by a title company approved by Company in its sole and absolute discretion (the “Title Company” ), dated as of the Closing, insuring Company in an amount equal to the Repurchase Price (prior to subtracting any amounts due and payable, or outstanding, under a mortgage, deed of trust or other monetary encumbr ance for the benefit of Company), and showing title vested in Company as set forth in Section 1 above. Upon receipt of the Grant Deed (as defined below), the other closing documents described below, and the Rep urchase Price and provided Escrow Holder is then ready to deliver the Title Policy to Company and all other conditions contained herein have either been satisfied or waived, Escrow Holder shall cause the Grant Deed to be recorded and shall deliver the Repu rchase Price (less appropriate charges) to Bound Transferee. The Repurchase Price shall be cash upon the close of escrow.
Section 6.3. Escrow and Title Fees . Company and Bound Transferee shall each pay one -half (1/2) of the Escrow fees. Bound Transferee shall bear the cost of ( a) all documentary transfer taxes, ( b) the premium for the Title Policy to be issued by Title Company insuring Company in the amount of the Repurchase Price (provided that Company shall be responsible for the costs of any extended coverage and/or endorsements requested or required by Company), and (c) the cost of recording the grant deed for the Parcel, or portion thereof, and the Improvements thereon (the “Grant Deed”). The Grant Deed shall be in a form adequate for the Title Company to deliv er the Title Policy. All real property taxes and assessments shall be prorated as of the close of escrow between Bound Transferee and Company (or Company’s nominee) in the same manner as set forth above in the Purchase Agreement. All other costs or expenses not otherwise provided for in this Instrument shall be apportioned or allocated between Company and Bound Transferee in the manner customary in the County. If the Parcel is encumbered by a mortgage, deed of trust or other monetary encumbrance to which the Repurchase Option is subordinate, Company may instruct Escrow Holder to satisfy the indebtedness secured by such mortgage, deed of trust or other monetary encumbrance out of the Repurchase Price payable to Bound Transferee through Escrow.
Section 7. Successors and Assigns. This Instrument shall be binding upon and inure to the benefit of the respective successors in interest to the parties hereto.
Section 8. Waiver, Consent and Remedies . Either party may specifically and expressly waive in writing any portion of this In strument or any breach hereof, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future.
No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Instrument. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Instrument shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, Company may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of City's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Instrument. 1458
4908-8794-1243 v1 7
7444-129605\SJD619\1724872.1
Section 9. Notices. Any notice or other communication required or permitted to be given under this Instrument shall be in writing and s hall be delivered (i) by personal delivery, (ii) by Federal Express or another nationally reputable overnight courier service, or (iii) via email by attachment of a writing in portable document format (.pdf), provided that the party delivering such notice by e -mail receives an electronic return receipt with respect thereto, addressed as follows:
If to Company: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC
Attn: Michael Battaglia, President
Southern California
18300 Von Karman Ave, Suite 1000
Irvine, CA 92612
Email: [email protected]
With a Copy to: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC
Attn: Miek Harbur, SVP,
General Counsel and Secretary
18300 Von Karman Ave, Suite 1000
Irvine, CA 92612
Email: [email protected]
With a Copy to: JACKSON TIDUS
Attn: Sarah Kleinberg, Esq.
Steven J. Dettmann, Esq.
2030 Main Street, Suite 1500
Irvine, CA 92614
Email: [email protected]
[email protected]
If to City: City of Eastvale
Attn: Mark Orme, City Manager
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Email: [email protected]
With a Copy to: Burke, Williams & Sorensen, LLP
Attn: Erica Vega, Esq.
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Email: [email protected]
Any party may from time to time change its address by written notice to the ot her party in accordance with the foregoing; provided that such updated address must include a physical street address (and not a P.O. Box) capable of receiving deliveries from FedEx and similar overnight courier services and a valid email address capable o f receiving an attachment in portable document format of up to ten megabytes (10MB). Any change of address shall become effective 1459
4908-8794-1243 v1 8
7444-129605\SJD619\1724872.1
five (5) business days after delivery of such notice. Notices delivered as provided herein shall be deemed to have been give n (i) at the time of receipt by personal delivery, (ii) one (1) business day after being deposited with Federal Express or another nationally reputable overnight courier service, or (iii) upon confirmation by the recipient of a return receipt to sender if sent via email.
Any notice or other document sent or delivered in any other manner shall be effective only if and when receipt thereof is acknowledged or confirmed.
Section 10. Attorneys' Fees . In the event of any action or proceeding instituted in connection with this Instrument, then the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including, without limitation, court costs, all costs of appeals and reasonable attorneys' fees and expenses. Any such attorneys’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Instrument shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Instrument and to survive and not be merged into any such judgment.
Section 11. Gender and Number . In this Instrument (unless the context requires otherwise), the masculine, feminine and neuter genders and the singul ar and the plural shall be deemed to include one another, as appropriate.
Section 12. Entire Agreement. This Instrument and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and e xclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.
Section 13. Captions. The captions u sed herein are for convenience only and are not a part of this Instrument and do not in any way limit or amplify the terms and provisions hereof.
Section 14. Governing Law . This Instrument and the exhibits attached hereto have been negotiated and executed in the Sta te of California and shall be governed by and construed under the laws of the State of California.
Section 15. Severability. If any provision of this Instrument as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Instrument, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Instrument as a whole.
Section 16. Amendments. This Instrument may be validly terminated, amended, modified or extended, in whole or in part, only by recordation with the County Recorder of a proper instrument, duly executed and acknowledged by Company, City or their successors.
Section 17. Construction. The parties acknowledge that each party and its counsel have reviewed and approved this Instrument and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Instrument or any amendments or exhibits hereto. 1460
4908-8794-1243 v1 9
7444-129605\SJD619\1724872.1
Section 18. Successors and Assigns: Assignment . This Instrument shall inure to the benefit of Company and its successors in title to any portion of the Company Land to which Company’s rights hereunder are , at any time, assigned; provided, that an assignment by Company of its rights hereunder shall be effective only upon delivery of written notice thereof to City together w ith a written assignment instrument pursuant to which the assignee identified therein assumes all duties and obligations of Company under this Agreement.
Section 19. Covenants Running With The Land . The Parcel shall be held, developed, conveyed, hypothecated, encumb ered, leased, rented, used and occupied subject to the covenants, conditions, restrictions and other limitations set forth in this Instrument (the “Restrictions”). The Restrictions are made expressly for the benefit of the Company Land and are intended an d shall be construed as covenants and conditions running with and binding the Parcel and equitable servitudes upon the Parcel and every part thereof; provided, however, to the extent that a portion of the Company Land is hereafter conveyed by Company, said conveyed portion shall no longer be part of the Company Land constituting the dominant estate.
Section 20. Conflict. If there is a conflict between the provisions of this Instrument and the Purchase Agreement , the provisions of the Purchase Agreement shall prevail to the extent of such conflict.
Section 21. Counterparts. This Instrument may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
1461
4908-8794-1243 v1 10
7444-129605\SJD619\1724872.1
IN WITNESS WHEREOF, the undersigned have executed this Instrument as of the date first above written.
OPTIONOR/CITY: CITY OF EASTVALE,
a municipal corporation
By:
Name: Mark Orme
Title: City Manager
Approved as to Form:
_____________________________
Erica Vega, City Attorney
Attest:
______________________________
Marc Donohue, City Clerk
OPTIONEE/COMPANY: THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC,
a Delaware limited liability company
By:
Name:
Its:
1462
4908-8794-1243 v1 11
7444-129605\SJD619\1724872.1
ACKNOWLEDGEMENTS
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
On , , before me,
(here insert name and title of the officer)
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their 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 u nder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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
On , , before me,
(here insert name and title of the officer)
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sig nature(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.
WITNESS my hand and official seal.
Signature
1463
4908-8794-1243 v1 12
7444-129605\SJD619\1724872.1
10/28/25
EXHIBIT A
(to Option to Repurchase Property)
LEGAL DESCRIPTION OF THE SUBJECT PARCEL
All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
LOT 36 OF TRACT NO. 38595 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON JUNE 11, 2025, IN BOOK 501, PAGES 83 TO 93,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
APN: 164-780-______
1464
7444-129605\SJD619\1724872.1
10/28/25
4908-8794-1243 v1
EXHIBIT B
(to Option to Repurchase Property)
LEGAL DESCRIPTION OF THE BENEFITED COMPANY LAND
All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
[Attach Legal Description of Benefited Property from SLUR.]
* The real property described in the foregoing “Legal Description of the Benefited Company Land” shall constitute Benefited Property only during the period that it is owned by Company, a Company Party or an express assignee of Company’s rights under this Instrument.
1465
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA, AMENDING ITS 2025-26 FISCAL YEAR CAPITAL IMPROVEMENT PLAN AND
BUDGET FOR THE ACQUISITION OF LAND AT THE NORTHWEST CORNER PREMIER PLACE AND HAMNER AVENUE, LOT 10 FOR THE CIVIC CENTER PROJECT.
WHEREAS the Capital Improvement Plan and Budget for fiscal year 2025-26 through 2029-30 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed, transfer, or adjust their Capital Improvement Plan appropriations without the consent of the City Council; and
WHEREAS, the City currently maintains an assigned General Fund reserve for land purchases; and
WHEREAS, the City has identified a parcel of land for Civic Center Parking use at the northwest corner of Hamner and Premier Way, referred to as Lot 10; and
WHEREAS, the Budget Plan does not include adequate budget for the purchase of Lo t 10 , however adequate General Fund assigned fund balance is available to fund the one-time land acquisition purchase; and
WHEREAS, the CIP Budget Plan includes $2,000,000 for land acquisition under the 95024 Civic Center Parking project, however the purchase and sale agreement is for $2,400,000; and
WHEREAS, staff desires to amend the 2025-26 Capital Improvement Budget and appropriate a $400,000 portion of assigned General Fund land purchase fund balance for the acquisition of land at Hamner and Premier within the Parking Structure Project for fiscal year 2025-26 only; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. AUTHORIZE UPDATES TO THE 2025-26 CAPITAL IMPROVEMENT PLAN AND BUDGET AS SHOWN IN EXHIBIT “A” FOR THE CIVIC CENTER PROJECT.
SECTION 1. AUTHORIZE AN APPROPR IATION IN THE GENERAL CAPITAL PROJECT FUND , CIVIC CENTER PARKING PROJECT, LAND EXPENDITURE ACCOUNT NO. 600-500-6650-95024-0000 IN THE AMOUNT OF $400,000 FOR THE ACQUISITION OF LOT 1 0 AT THE NORTHWEST CORNER OF PREMIER PLACE AND HAMNER AVENUE.
SECTION 1. AUTHORIZE AN APPROPR IATION IN THE GENERAL FUND, TR ANSFER OUT EXPENDITURE ACCOUNT NO. 100-290-6960 IN THE AMOUNT OF $ 400,000 AND AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FU ND, TRANSFER IN REVE NUE ACCOUNT NO. 600 - 1466
000-4910 IN THE AMOUNT OF $400,000 TO PROVIDE ADEQUATE FUND BALANCE IN THE CAPITAL PROJECTS FUND FOR ACQUISITION OF LOT 10 AT THE NORTHWEST CORNER OF PREMIER PLACE AND HAMNER AVENUE.
PASSED, APPROVED AND ADOPTED this 10th day of December 2025.
__________________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk 1467
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 25-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 10th day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
1468
1469
1470
1471
1472
1473
1474
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.4
December 10, 2025
Agreement with the County of Riverside Department of Animal Services for Field and Shelter Services
Prepared By:
Johnny Terfehr, Community Safety and Technology Director Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the Field and Shelter Services Agreement with the County of Riverside Department of Animal Services for either full time or half time Animal Control Officer and; 2 .
Authorize the City Manager to execute the Agreement and other necessary documents and; 3 .
Authorize the City Manager to approve and execute future extensions of the Agreement that do not increase the compensation paid by the City for the services.
Summary
The City currently contracts with the Riverside County Department of Animal Services for animal control and shelter services. The contract expired on June 30, 2025. To ensure the City con,nues its partnership with the County for animal control services, the County has proposed a new agreement which commences retroac,vely on July 1, 2025 and concludes on June 30, 2028. The new agreement reflects an increase in costs for all services.
Staff is recommending that the City Council approve the proposed agreement and authorize the City Manager to approve future contract extensions is necessary and if there are no increases in compensation paid to the County.
Background 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1475
In July 2011, the City of Eastvale entered into a contract with Riverside County Department of Animal Services for field and shelter services.
Animal and shelter services provided by the County
include, but are not limited to, proper care and treatment, impoundment, inves,ga,on of animal bites, quaran,ne, removal of deceased animals, enforcement ac,ons, animal welfare programs, and licensing services.
Subsequent 3-year agreements were entered into in 2014, 2017, and 2020.
In
2023 and 2024, City Council approved amendments to extend the termina,on date of the current agreement to June 30, 2025.
The County has proposed a new agreement which commences on July 1, 2025 and concludes on June 30, 2028. Prominent changes between the current and proposed agreement are below:
Annual Field and Shelter Services Cost Methodology:
The current County/City contract rate
structure is complex and requires significant administra,ve effort from County staff each month to prepare, review, and jus,fy billing. Because the model is based on the number of incoming animals and their length of stay, it also does not allow agencies to accurately budget for annual sheltering costs. This unpredictability creates financial challenges for contrac,ng ci,es and delays in payment collec,on for the County. Addi,onally, the current model does not incen,vize licensing, spay/neuter compliance, adoptions, or other revenue-generating activities within each jurisdiction.
To address these issues, the County has transi,oned away from a per-animal billing model and developed a “Piece of the Pie” methodology, which allocates costs based on each city’s propor,onal impact on the shelter system. This impact is determined by the following three factors:
1 .
Shelter Costs Distribu,on: The costs of providing Shelter Services were determined by using three different alloca,on areas, based on the Riverside County Department Animal Services FY 24/25 fee study. These alloca,on areas were weighted based on the impact to shelter resources:
1 .
Average impound numbers
2 .
Average length of stay
3 .
City population
2 .
Field Services Distribu,on: The costs of providing field services were allocated based on the minimum number of officers required – Officer and Vehicle. 3 .
Split Services Distribu,on: These costs consist of administra,on, facili,es, and support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.
The Piece of the Pie methodology allocates costs across three areas and weights them by each city’s impact on shelter resources, ensuring each city pays its propor,onate share of the County’s annual sheltering expenses. Addi,onal considera,ons include items such as medical costs, billing for legal hold, capital improvements, level of service, cost offsets, and revenues.
Annual Field and Shelter Services Annual Cost and Plans:
Per the previous agreement, fiscal year
2023/2024 annual costs totaled approximately $274,649. The proposed cost for services based on the County's new methodology is detailed below. The contracted services include the deployment of County-determined staffing levels to provide field coverage five days per week (Monday through Friday), nine hours per day between 7:30 a.m. and 5:00 p.m., along with 24/7 dispatch and aJer- hours emergency response.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1476
Within this framework, the City may select either a full-,me or part-,me service model based on its operational needs.
Part Time Animal Control Officer:
3 year Rate sheet - With one-half (1/2) full time ACO - Current contract level Sheltering charges to
increase by
153.18% at end of three-year period
Year One Rates
7/1/25 - 6/30/26
Year Two
7/1/26-6/30/27
Year Three
7/1/27-6/30/28
Service
Current
Charges
Annual
Adjustment
7/1/25 -
12/31/25
1/1/26 -
6/30/26
7/1/25 -
6/30/26
Percent
Increase
7/1/26 -
6/30/27
Percent
Increase
7/1/27 -
6/30/28
Percent
Increase
Shelter
135,319
69,094
67,659
102,207
169,866
25.53%
273,507
102.12%
342,600
153.18%
Field
143,395
0 71,698
75,283
146,981
2.50%
158,093
10.25%
165,998
15.76%
Total
278,714
69,094
139,357
177,490
316,847
13.68%
431,600
36.21%
508,598
17.84%
Full Time Animal Control Officer:
3 year Rate sheet - With one (1) full time ACO - Recommended ACO level* Sheltering charges to increase by
153.18% at end of three-year period
Year One Rates
7/1/25 - 6/30/26
Year Two
7/1/26-6/30/27
Year Three
7/1/27-6/30/28
Service
Current
Charges
Annual
Adjustment
7/1/25 -
12/31/25
1/1/26 -
6/30/26
7/1/25 -
6/30/26
Percent
Increase
7/1/26 -
6/30/27
Percent
Increase
7/1/27 -
6/30/28
Percent
Increase
Shelter
135,319
69,094
67,659
102,207
169,866
25.53%
273,507
102.12%
342,600
153.18%
Field
286,790
0 143,395
150,565
293,960
2.50%
316,186
10.25%
331,996
15.76%
Total
422,109
69,094
211,054
252,772
463,826
9.88%
589,693
27.13%
674,596
14.39%
The annual adjustment will only be applied to the final six months of FY 2025-2026. The first six months of fiscal year 2025-2026 will be based on the current new rates methodology, while the last two years is based on the full charge from the new rates methodology. The City’s exis,ng contract provides for 0.5 Animal Control Officer (ACO); however, based on current call-for-service levels, the County recommends this alloca,on be increased to one full-,me ACO beginning in FY 2025-2026.
Any overtime worked by ACOs will be billed at 1.5 times the applicable hourly rate.
City staff recommends that Council approve either the full time or half time option.
Collec?on of License Fees:
Per the previous agreement, the County retained $10.00 per canine license. All fees collected for canine licenses were accounted for monthly by the County. The City received a credit of the net amount of license fees collected each month less the sum of $10 per each canine license issued.
The new agreement proposes that the County no longer retain a por,on of license fees. The City would authorize the County to issue and collect the fees for canine licenses. All fees collected for 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1477
canine licenses will be accounted for by the County and the County will credit the net amount of license fees collected on a quarterly basis and be calculated on the applicable invoice.
Type of License
1 Year
2 Year
3 Year
Late Fee
Altered Dogs
$25
$50
$75
$25
Unaltered Dogs
$120
$240
$360
$25
Altered Dogs,
owned by Senior
60+
$12
$24
$36
$15
Vaccina?on/Microchip/Licensing Clinics:
Per the previous agreement, vaccina,on clinics were
op,onal and upon request at a rate of $3,000 per event. Per the new agreement, the City is required to arrange for a minimum of two vaccina,on/microchip/licensing clinics per fiscal year within the City's jurisdic,on based on the City's popula,on. Per the California Health and Safety Code Sec,on 121690(f) every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics."
The following services will be provided by the County at the applicable staff rate:
Providing or assisting in arranging for low-cost vaccinations and microchips; Staffing low-cost vaccina,on and microchip clinics with medical personnel and necessary support staff, subject to availability;
Licensing animals vaccinated at the clinic; and
Assisting jurisdictions in promoting these community-based clinics.
The clinics will cost approximately $3,500.00 per event.
Spay and Neutering Clinics
: Per the previous agreement, spay and neuter clinics were op,onal and upon request at a rate of $3,000 per event. Per the new agreement, the City must provide a minimum of two spay/neuter clinics per fiscal year based on the City's popula,on. The City has two options to comply with this requirement:
1 .
Elect to par,cipate in the spay/neuter trust to allow residents to access low-cost spay/neuter services. The spay/neuter trust is $5.00 per animal license. Par,cipa,on in the Spay/Neuter Trust will allow the City to offer low-cost or free spay/neuter programs for residents who wish to have their pets spayed or neutered. County staff will work with shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services. The trust fees will be included in the quarterly billing.
2 .
Not par,cipate in the spay/neuter fund and acknowledge the requirement to fund two spay/neuter clinics at the City's expense. The cost to fund the clinic through the County is approximately $3,500.00 per event.
The number of animal licenses issued to Eastvale residents totaled 2,043 in 2024 and 1,758 in 2025.
Based on this annual license data, contribu,ng $5.00 per license to the spay/neuter trust would exceed the projected $3,500 per event cost for the County to host spay/neuter clinics within the City. Therefore, staff recommends that the City not pay into the spay/neuter trust at this ,me and instead utilize the County or a comparable vendor to provide spay/neuter clinic services. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1478
Shelter Services Reconcilia?on:
Per the previous agreement, sheltering services were reconciled monthly. Per the new agreement, these services will now be reconciled annually based on the average length of stay, number of impounds, and City population.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: E
Right-size the organiza,on and staffing consistent with City services, needs, expecta,ons, and strategic plan priorities (Target G, Goal E)
Fiscal Impact
For Fiscal Year (FY) 2025/2026, the City Council approved approximately $412,500 in the General Fund (Account 100-430-6480) to support animal control services with a part-,me Animal Control Officer (ACO). Under the proposed agreement, the cost for field and shelter services with a part-time ACO is es,mated at $316,847 for FY 2025/2026. Es,mated costs for subsequent years are $431,600 in FY 2026/2027 and $508,598 in FY 2027/2028. These amounts do not include applicable license fee credits, which are anticipated to be approximately $50,000 per year.
Alterna,vely, should the City Council choose to increase service levels to a full-,me Animal Control Officer, the cost for FY 2025/2026 would be approximately $463,826. This would require an addi,onal $51,326 above the current FY 2025/2026 budget alloca,on. Es,mated costs for subsequent years are $589,683 in FY 2026/2027 and $674,596 in FY 2027/2028. Should the City Council choose to approve a full ,me ACO, addi,onal budget will be appropriated at Mid-Year.
There is available fund balance and opera,onal budget surplus to fund this request in the current fiscal year, however the five year forecast is strained by other public safety and Civic Center operational needs.
Prior City Council/Commission Action
On May 25, 2011 the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.
On May 14, 2014 the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.
On June 28, 2017, the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.
On January 13, 2021, the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.
On October 11, 2023, the City Council approved an amendment to the agreement with the County of Riverside Department of Animal Control for shelter and field services.
On July 24, 2024, the City Council approved a second amendment to the agreement with the County 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1479
of Riverside Department of Animal Control for shelter and field services.
Attachment(s)
Attachment 1 - Proposed Animal Field and Shelter Services Agreement Template.docx
Attachment 2 - Animal Services Rate Sheet.pdf
Attachment 3 - Animal Field and Shelter Fee Study.pdf
Attachment 4 - Current Animal Field and Shelter Agreement
Attachment 5 - First Amendment to Current Animal Field and Shelter Agreement
Attachment 6 - Second Amendment to Agreement for Animal Control Field and Shelter Services.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1480
AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE
CITY OF EASTVALE AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY O F RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF EASTVALE, a General Law City (“CITY”), together known as the “parties”, and individually as a “party”.
RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals pursuant to the provision of field and animal sheltering services, and described in this Agreement;
WHEREAS, CITY desires to promote the humane treatment of animals and remains a committed partner with the COUNTY; and
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services , subject to the terms and conditions for compensation as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows:
SECTION I. OBLIGATION OF PARTIES
A. RECITALS:
l. The aforementioned Recitals are true and correct and incorporated herein by this reference.
B. COUNTY Obligations:
1. COUNTY shall provide field and shelter services within th e corporate limits of CITY as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in ATTACHMENT A, attached hereto and incorporated herein by this reference.
C. CITY Obligations:
1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement.
2. In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of this 1481
Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time.
COUNTY shall provide the verbatim language to the CITY that shal l be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction and retains the right to exclude or modify the verbatim language of the County’s Animal Control Ordinances.
3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A.
SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 2028, unless terminated earlier as provided herein under SECTION IX of this agreement.
SECTION III. PERFORMANCE OF CONTRACT
A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.
B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services.
C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost.
D. If requested, the COUNTY will make its best efforts to attend one in-person meeting with CITY, up to three-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual or u r g e n t circumstances as agreed upon by the COUNTY.
CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY. Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings.
E. If requested, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. The CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY representatives’ time at meetings requested by the CITY.
1482
F. If requested, COUNTY will make its best efforts to send representatives to the CITY’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY will only attend these meetings to the extent that resources and capacity will allow.
G. The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reports that are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B.
SECTION IV. ADMINISTRATION OF PERSONNEL
A. The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
B. In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If the COUNTY determination does not resolve the dispute to the satisfaction of both parties, the dispute resolution provision in SECTION XV shall apply.
C. All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be co llected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY.
D. For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of the Agreement.
1483
E. The CITY will not assume any liability for the direct payment of salaries, wages, or other compensation to COUNTY personnel performing services under the Agreement. Except as descri bed under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement.
SECTION V. DEPLOYMENT OF PERSONNEL
A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY.
B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement.
C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change.
D. The CITY may at any time request a change in the level of service by completing a revised service request and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment .
Execution of such amendments shall be subject to each Party’s applicable internal approval processes, which may include, where required, approval by the City Council or Board of Supervisors. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined in the sole discretion of the COUNTY.
The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement.
E. Regarding updates to contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY.
F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determi ne, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement.
1484
SECTION VI. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, dama ge or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respe ctive directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.
B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prio r consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold COUNTY harmless shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’ s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from any liability, cl aim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agr eement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.
1485
D. With respect to any action or claim subject to indemnificatio n herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has p rovided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.
E. The specified insurance limits required in th is Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless C ITY herein from third party claims.
F. This SECTION VI shall survive the termination of this Agreement.
SECTION VII. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:
A. Workers’ Compensation:
COUNTY shall maintain Workers’ Compe nsation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy sha ll include Empl oyer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident.
B. Commercial General Liability:
COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder. This coverage shall have a limit of liab ility not less than $ 2,000,000 per occurrence combined single limit.
C. Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.
SECTION VIII. RESERVED
RESERVED.
SECTION IX. TERMINATION
1486
A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective date of termination.
B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termina tion in accordance with this Agreement.
C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date.
SECTION X. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply.
SECTION XI. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval.
This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.
Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY.
SECTION XII. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
1487
SECTION XIII. NO THIRD-PARTY BENEFICIARIES
This Agreement between the parties is intended for the mutua l benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.
SECTION XIV. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing A ct (Gov. Code 12900 et. seq.) , the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).
SECTION XV. DISPUTE RESOLUTION AND VENUE
A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B) . If that is not successful, the dispute shall be referred to the senior management of the parties.
B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riversid e County before a neutral third -party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.
C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location.
SECTION XVI. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent o f the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein.
SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative.
1488
SECTION XVIII. CONTRACT SUM
The CITY will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the COUNTY and set forth in the current ATTACHMENT B.
The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY.
The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 25/26-27/28 SERVICE REQUEST FOR THE CITY OF EASTVALE.
The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY.
SECTION XIX. PAYMENT PROCEDURES
The COUNTY, through the Department of Animal Services , will submit a summary invoice covering all services performed quarterly to t he CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of the invoice.
If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX.
For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The parties will confirm the resolution of the dispute in writing.
For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.
Interest will be calculated at the rate of seven percent (7%) annually or a n y portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
SECTION XX. NOTICES
Each Party shall designate a Primary Contact, as identified in ATTACHMENT A , Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in-person interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in ATTACHMENT A and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid.
1489
Notices to the County of Riverside must be addressed as follows:
COUNTY
County of Riverside Department of Animal Services Director 6851 Van Buren Boulevard
Jurupa Valley, CA 92509
Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file and/or the current CITY Official or CITY Manager.
SECTION XXI. DEFINITIONS
A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized.
B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future.
C. “Care” includes, but is not limited , to providing necessary and prompt veterinary care, adequate nutrition and water , shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846.
D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize, it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter f or the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without bei ng held for owner redemption or adoption. Further:
i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used.
ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian condu cting or providing oversight. The interests of the animal will be given equal consideration whether the animal is individually owned or not, 1490
regarding providing pre-euthanasia sedation or anesthesia.
iii. The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the A merican Veterinary Medical Association’s Guidelines for the Euthanasia of Animals.
iv. The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well -designed euthanasia space as recommended by the American Veterinary Medical Association.
v. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method.
E. “Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future.
F. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.
G. “Potentially Dangerous” Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.
H. "Substantial injury" means a substantial impairment of the physical c ondition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfigurin g lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
I. “Dangerous” Any animal which has twice within a forty -eight (48) month period in two separate incidents has actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity . Any animal which has once attacked, bitten, or otherwise 1491
caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.
J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.
SECTION XXII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto.
SECTION XXIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all Parties.
SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver b y any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as e xpressly provided otherwise in this Agreement, no reme dy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise.
The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.
SECTION XXV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement.
SECTION XXVI. RESERVED.
1492
SECTION XXVII. AUTHORIZATION WARRANTY
A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority.
B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority.
SECTION XXVIII. COOPERATION, FURTHER ACT
The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
(Signature Provisions on Following Page]
1493
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.
COUNTY:
County of Riverside, on behalf of its
Department of Animal Services, a political
subdivision of the State of California
_______________________________
V. Manuel Perez, Chair
Board of Supervisors
Date:__________________________
CITY:
EASTVALE, a General Law City
_____________________________
Mark Orme
City Manager
Date:__________________________
ATTEST:
Kimberly Rector
Clerk of the Board
By:____________________________
ATTEST:
By:____________________________
Todd Rigby
City Clerk
APPROVED AS TO FORM:
Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
APPROVED AS TO FORM:
Erica L. Vega
City Attorney
By:____________________________
1494
COUNTY OF RIVERSIDE
DEPARTMENT OF ANIMAL SERVICES
DESCRIPTION OF STANDARD FIELD SERVICES
EXHIBIT A
At the election of the CITY t he County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY of EASTVALE (“CITY”):
A. PROVISION OF FIELD SERVICES
The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENT B, Service Request.
The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical.
The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service . Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:
1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.
2. Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code.
3. Proper Care and Treatment : Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations.
4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible for administrative proceedings resulting therefrom.
1495
5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine wil l be at the discretion of the COUNTY.
6. Stray and Barking Animal (Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.
7. Dead Animals: Remove dead animals from the public right -of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.
8. Return of Animals in the Field : Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to:
i. Checking for identification
ii. Scanning the animals for a microchip
iii. Canvassing the area to attempt to find the owner
iv. Equipment necessary to fix common problems such as broken fences with permission from the resident
v. Post a minimum of three signs
9. Kennels and Catteries : COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.
10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.
11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and proce dures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.
12. Field Services Related to Canine Licenses : The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shal l conduct license inspection activities during animal control 1496
investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code.
13. Wildlife: COUNTY will not impound free roaming wildlife unl ess it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case.
14. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution.
15. COUNTY and CITY will wo rk together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership , adoption program s and other activities to reduce impounds and increase live outcomes. CITY will provide two (2) vaccine clinic(s) at no charge to the resident per year, and two (2) spay/neuter clinic(s) at no charge to the resident per year, at CITY’S expense . CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor.
16. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts.
B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY’s animals at the Jurupa Valley Animal Campus , or other COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B.
C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement.
The COUNTY shall fuel and maintain said vehicles.
D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twenty - four (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.
E. PRIORITY OF FIELD SERVICES
a. “Services” are those enforcement activities rendered by COUNT Y pursuant to COUNTY Ordinance and/or the relevant sections of CITY’s municipal code , as indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency.
1497
b. “Priority Ranking” refers to the order of priority with which a call will be handled.
All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” a s set forth in Section F below, it shall be referred to the supervisor for evaluation and response.
c. The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
d. "Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
e. "Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays.
f. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.
g. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited -Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollab le by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited -Service Periods which are of an urgent nature pursuant to this ATTACHMENT A , Field service personnel may be assigned to patrol and perform other s ervice field tasks as defined by COUNTY and CITY.
h. The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted a bove. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during R egular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days.
i. The CITY and COUNTY agree that any incident reports to the COUNTY by residents 1498
or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUN TY pursuant to this Agreement. Calls for service received dur ing Limited-Service Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with EXHIBIT A.
j. Calls Considered Emergencies to be Handled Without Delay:
1. Animals endangering the health or safety of the community
2. Police Department requests for service
3. Sick or injured stray animals
4. Animals in distress
5. Humane investigations that are life threatening. (Depending on immediate circumstances)
k. Calls Considered Non-Emergency to be Handled during Regular Service Hours:
1. Pick-up confined, healthy- not sick or injured, stray-animals
2. Dead animal removal
3. Quarantine investigations
4. Leash law enforcement
5. Nuisance animal investigations
6. Permit investigations
F. EXCEPTIONS
The Director of the Department of Animal Services, or their designee, may, on a case-by-case basis, authorize variations of priority when circumstances require.
G. LICENSE FEES ( Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY
DOG LICENSING AND VACCINATION)
Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.
H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners.
Those owners who fail to comply may be subsequently issued administrative citations. 1499
Remittance options include on the COUNTY’s website www.rcdas.org or in person at a COUNTY shelter location . COUN TY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com.
I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses. All fees collected for canine licenses shall be accounted for by the COUNTY and the COUNTY shall credit the net amount of license fees collected on a quarterly basis and be ca lculated on the applicable invoice.
J. SERVICE PLANS
CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A)
1. Standard Service Plan
The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week.
2. Extended Service Plan
The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week.
1500
COUNTY OF RIVERSIDE
DEPARTMENT OF ANIMAL SERVICES
DESCRIPTION OF STANDARD SHELTER SERVICES
EXHIBIT B
At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY of EASTVALE (“CITY”).
A. PROVISION OF SHELTER SERVICES
All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner -relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons.
The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter , and treat them kindly . Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian.
B. COUNTY ANIMAL SHELTER
1. All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the C ITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated , microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation o f each animal care center may be found on the Department's website.
2. The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location.
3. The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals.
4. The COUNTY shall maintain hours of operation at the Shelter to provide maximum 1501
public access to the animals, to the extent possible.
C. STANDARD SHELTER SERVICES
Riverside County Animal Services shelters shall include the following activities and services:
1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
2. Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care.
3. Holding stray animals and attempting to reunite them with their owners.
4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative.
5. Making the best efforts to find new adoptive homes for domestic animals and livestock.
6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health.
7. Working with wildlife rehabilitators to rescue sick and injured wildlife.
8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters.
9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings.
10. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals.
11. Provide necessary and prompt veterinary care.
12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia.
13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations.
1502
14. Filing annual reports to the State of California as required by law.
15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions.
16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.
17. Maintaining regular hours of operation for the public.
D. SCOPE OF ANIMAL SHELTER SERVICES
1. Treatment of Animals: COUNTY will provide adequate ca re and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.
2. Level of Service Provided : COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shal l be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association , and American Veterinary Medical Association.
3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.
4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.
5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein.
6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law.
7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by th e animal’s owner and is unable to be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a 1503
serious illness or severe injury may not be held for owner redemption or adoption.
Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for u se of method.
8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation.
9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.
10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet . CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY.
12. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild.
COUNTY and CITY Animal Co ntrol Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.
13. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially d angerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.
14. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the f ield for microchips, call phone numbers on tags or research license numbers to reunite animals in the field.
15. Incoming Animal Examinations/Assessments: Examinations of impounded 1504
animals shall be performed within twelve (12) hours, except during Limited- Service Hours when the examination will be performed within twenty -four (24) hours. Incoming animal assessments shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Microchip administered if none found
g. Establish unique identifier for the animal
h. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal -by-animal basis that an examination/assessment has been performed.
16. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.
17. Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online.
18. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F & A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNT Y. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F & A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.
19. Microchipping: In accordance with F & A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.
18. Community Adoption Partners: COUNTY sh all comply with F & A Code Sections 17006, 31108, and 31752 that p rovide (subject to Section 17006) that a stray dog or cat that is impounded shall, before the euthanasia of that animal , be released to a nonprofit, as defined in Section 501(c)(3) of the Intern al Revenue Code, animal rescue , or adoption organization if requested by the organization 1505
before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization.
The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.
19. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.
20. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin.
21. Drug Enforcement A gency (DEA): COUNTY shall comply with all Drug Enforcement Agency ( “DEA”) regulations regarding storage, record -keeping, inventory, use, and disposal of all controlled substances.
22. Staffing and Volun teers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter -related activities. Personnel employed at the Shelter in the performance of Shelter -related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.
23. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.
24. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.
25. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the ani mal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. 1506
Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.
26. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies. The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff.
27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shel ter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subj ect to applicable State laws.
28. Pet Support Services Program : The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments. This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Throug h the COUNTY’s pet support services staff provides counseling to pet owners or connect s them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY.
This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming. This is reducing the costs that are associated with sheltering cats and dogs.
A. Components of Pet Support Services:
• Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The COUNTY encourages people who have found stray animals to attempt to reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats.
1507
• To reduce the relinq uishment of owned pets, the COUNTY will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured.
29. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case -by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance.
30. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee - per-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears.
The COUNTY’s animal licensing services include:
a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices;
d. Assessing and collecting fees, penalties, and other financial remittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and
f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinic s to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.
31. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public.
The COUNTY retains kennel license fees to offset the cost of annual inspections and related 1508
administrative costs. Staff time for licensing and inspections is not billed to the CITY. However, investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates.
This program includes:
a. Annual inspection of any premise used by an animal -related business or non- profit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities.
b. Follow-up inspections of animal facilities as necessary. c. Collection of license fees to offset the cost of services; and d. Documentation and maintenance of records as necessary.
E. CONTRACT CITY REQUIRED SERVICES
1. Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vacc ination and microchip clinics at its animal care centers and in the unincorporated areas of the County . Pursuant to this agreement and ATTACHMENT A, CITY shall fund two (2) vaccination and microchip clinics , within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY:
a. Providing or assisting in arranging for low-cost vaccinations and microchips; b. Staffing low -cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
c. Licensing animals vaccinated at the clinic; and
d. Assisting jurisdictions in promoting these community-based clinics.
2. Spay/Neuter Clinics: Pursuant to this agreement and ATTACHMENT A , the CITY shall fund two (2) Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY.
a. To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust . Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or fre e spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services.
F. Records
Upon reasonable notice, the COUNTY will make available to authorized representatives of the 1509
CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).
Upon request, the following standard reports are available to the CITY from the COUNTY monthly:
a. Dogs and/or Cats Impounded
b. Animals Returned to Owners
c. Dogs and/or Cats Abandoned
d. Special Admission Dog & Cat
e. Other Animals Impounded
f. Quarantined Dogs and/or Cats
g. Special Admission of Other Animals
h. Private Veterinarian (Outside Medical Expense)
i. Dead Animal Pick Up Requests
j. Types of Calls for Service
k. Location of Admission
In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time. 1510
ATTACHMENT A
FISCAL YEAR 25/26-27/28 SERVICE REQUEST
FOR THE CITY OF EASTVALE
1. Services
The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below):
☒ Field Services
☐ If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals. The CITY shall provide the tools necessary to p erform these duties. COUNTY shall provide training to CITY personnel for this purpose.
☒ Shelter Services
CITY’s Animal Services contact information (if applicable):
Name:
Telephone:
Address:
1511
2. Field Services
The level of field service that the CITY requests and the COUNTY agrees to:
(select one of the three options below):
a. Standard Service Plan
b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks)
CITY’s Animal Services Field contact information (if applicable):
Name:
Telephone:
Address:
X Standard Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.
Extended Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.
Weekend days and holidays (please identify days and
hours):
Humane Investigations – as needed Included billed hourly.
Administrative Investigations – as needed
(Potentially dangerous/vicious Dogs)
Included billed hourly.
Administrative Compliance (Post Hearing compliance checks) 1512
3. Animal Licensing
☒ The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630.
☐ The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):
Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee
Altered Dog
Unaltered Dog
Senior Altered Dog
Cat Licenses (Voluntary) 1-Year Fee
Voluntary Cat
Current license fees adopted by the CITY on
CITY’s Animal Licensing contact information (if applicable):
Name:
Telephone:
Address:
1513
4. Outreach and Enforcement Services
Please make a selection for each of the options below:
i. Animal Facility Inspection and Licensing (Costs included in County costs - not billed)
☒ The CITY requests that the COUNTY license animal -related facilities (including inspection) in the CITY.
☐ No animal facility licensing services - the CITY will conduct its own licensing program for animal -related facilities . (Please provide contact information below.)
CITY’s Animal Facility contact information (if applicable):
Name:
Telephone:
Address:
A. Vaccination/Microchip/Licensing Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
☒ The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY
B. Spay/Neuter Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
☒ The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY
☐ CITY elects to participate in the Spay/Neuter Trust to allow residents access to low- cost spay/neuter services.
☒ No participation in the Spay/Neuter Fund.
1514
5. Enforcement of Ordinances/Municipals Codes
☒ The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions.
☐ The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s):
(please mark all that apply)
☐ Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering.
The CITY does not require the spay/neuter of:
☐ Dogs
☐ Cats
☐ Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of:
☐ Dogs
☐ Cats
☐ Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household:
Dogs
Cats
Total Dogs/Cats
☐ Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints.
CITY’s Noise Complaint contact information (if applicable):
Name:
Telephone:
Email:
1515
6. List of City Municipal Codes
Please list individual municipal code sections to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.)
City Code
Number City Code Section Title County
Approved
County Not
Approved
1516
7. Annual/Amended Service Request Approval (As Needed)
1517
ATTACHMENT B
COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES
CITY/COUNTY SERVICES RATES
A. Billing Period
These billing rates are effective from July 1, 2025, through June 30, 2028.
B. Billing Rates
Based on CITY’s needs and System Impact
Shelter Services:
FY 2025/2026
FY 2026/2027
FY 2027/2028
$169,866
$273,507
$342,600
Field Services:
FY 2025/2026
FY 2026/2027
FY 2027/2028
$146,981
$158,093
$165,998
Additional Administrative Services
Leadership Attendance at meetings in
excess of contract allowance
1. Director = $185.03/Hour
2. Assistant Director =
$153.72/Hour
3. Deputy Director =
$142.43/Hour
Production of reports in excess of contract
allowance
Analyst = TBD/Hour
Animal Control Officer in excess of contract
allowance – Investigations/court
appearances
1. Commander =
$109.26/Hour
2. Lieutenant = $76.53/Hour
3. Sergeant = $68.62/hour
4. Animal Control Officer =
$56.62/Hour
Spay/Neuter Trust
Spay/Neuter Trust $5.00 per animal License
1518
ATTACHMENT C
Rates Methodology
Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities.
The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to bu dget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This ca n also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions.
The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie ” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by:
Field Services Shelter Services
a. Calls for service a. Average Length of Stay
b. Time to complete a service call b. Number of Impounds c. Staff c. Staff
d. Administration d. Program expenses
e. Support Services e. Administration
f. Population f. Support Services
g. Facilities
h. Population
To simplify the methodology these drivers were categorized into three (3) cost pools:
a. Shelter Costs to house and care for the animals;
b. Animal Control Field Services Costs (as applicable); and
c. Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs or based on statistics provided by Animal Services for its call center. 1519
1. SHELTER COSTS DISTRIBUTION
The costs of providing Shelter Services were determined by using three different allocation areas , based on the RCDAS FY 24/25 . These allocation areas were weighted based on the impact to shelter resources:
a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight)
b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months.
(50% impact weight)
c. On the human population of a city.
(20% impact weight)
Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total.
2. FIELD SERVICES DISTRIBUTION
The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle
a. Total field service costs are divided by the total number of officers to find the annual cost per unit.
b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities.
c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle.
Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included.
1520
3. SPLIT SERVICES DISTRIBUTION
These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.
By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below.
EXAMPLE:
Hypothetical animal sheltering services budget to distribute: $20,000,000
Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000
City A has 2.9% of the average total impounds/yr.
City A has 2.5% of the average of Kenneling days/yr.
City A has a population that is 7% of the total served pop. (County + all contract Cities)
City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000
City A’s future FY cost = $704,000
Payments of $176,000 made quarterly which will be reduced by any licensing revenue
For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule:
$704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3)
4. OTHER CONSIDERATIONS
A. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for examination, 1521
treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City.
B. Billing for “Legal Hold” and Other Shelter Services:
Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action.
C. Capital Improvements
Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within forty - eight (48) hours so that the cities may decide whether to take appropriate action.
D. Level of Field Service
a. Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city.
b. Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms.
i. If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of Service as soon as practicable.
ii. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.
1522
E. Cost Offsets
A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.
A city will not receive any credit for adoption fees (whether paid by an individual or an organization).
F. Revenues
Revenues are applied to reduce the costs for shelter and field services.
1523
Category Current
Charges
Annual
Adjustment
7/1/25
thru
12/31/25
1/1/26
thru
6/30/26
7/1/25
thru
6/30/26
Percentage
Increase
7/1/26
thru
6/30/27
Percentage
Increase
7/1/27
thru
6/30/28
Percentage
Increase
Shelter 135,319 69,094 67,659 102,207 169,866 25.53% 273,507 102.12% 342,600 153.18% Field 143,395 0 71,698 75,283 146,981 2.50% 158,093 10.25% 165,998 15.76% Total Charges 278,714 69,094 139,357 177,490 316,847 431,600 508,598 NOTES:
Annual adjustment will only be charged for the last 6 months of FY 25/26, a 50% reduction in FY 25/26 increase.
First six months of FY 25/26 will be based on current new rates metholdology.
Last two years increase is based on full charge from FY25/26 new rates methodology City currently contracts for .5 Animal Control Officers. *Based on calls for service this contract should increase to one (1) full time ACO in FY 25-26 Any Overtime for ACO's will be chared at 1.5 per hourly charges. * Will be discussed
Category Current
Charges
Annual
Adjustment
7/1/25
thru
12/31/25
1/1/26
thru
6/30/26
7/1/25
thru
6/30/26
Percentage
Increase
7/1/26
thru
6/30/27
Percentage
Increase
7/1/27
thru
6/30/28
Percentage
Increase
Shelter 135,319 69,094 67,659 102,207 169,866 25.53% 273,507 102.12% 342,600 153.18% Field 286,790 0 143,395 150,565 293,960 2.50% 316,186 10.25% 331,996 15.76% Total Charges 422,109 69,094 211,054 252,772 463,826 589,693 674,596 * Will be discussed
Sheltering charges to increase by 153.18% at end of three-year period Year ThreeYear TwoYear One Rates
City of Eastvale
3 year Rate sheet - With one-half (1/2) full time ACO - Current contract level Sheltering charges to increase by 153.18% at end of three-year period Year ThreeYear TwoYear One Rates
City of Eastvale
3 year Rate sheet - With one (1) full time ACO - Recommended ACO level* 1524
COST ANALYSIS FOR ANIMAL SERVICES
PROVIDED TO CONTRACT CITIES
RIVERSIDE COUNTY
Final Report
May 22, 2025
MGT.US
1525
MGT.US
Riverside County
C OST A NALYSIS FOR A NIMAL S ERVICES CONTRACT CITIES May 22, 2025
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................................... 1 INTRODUCTION ........................................................................................................................................ 1 BACKGROUND .......................................................................................................................................... 1 PRIMARY OBJECTIVES ............................................................................................................................... 2 METHODOLOGY / PROCESS ........................................................................................................................................... 2 IDENTIFYING THE COSTS........................................................................................................................... 2 METHODOLOGY AND DISTRIBUTION OF COSTS ....................................................................................... 4 OFFSETTING FUNDING SOURCE ............................................................................................................... 6 SUMMARY OF COSTS ................................................................................................................................ 7
1526
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 1
EXECUTIVE SUMMARY
Introduction
The Riverside County Department of Animal Services (County) engaged the services of MGT Consulting Group (MGT) to conduct an in-depth review and analysis of their current contract cities billings vs the full cost of providing field and shelter services. MGT is pleased to present the County with this summary of findings describing the process/methodology used in the analysis and the outcome.
MGT perform ed the analy sis using fiscal year 20 23/2024 budgeted figures, staffing , and operational information. MGT worked with the County in the development of a contract agency billing methodology with a strong nexus between the rate charged and the cost of shelter services and field services provided.
MGT built an intuitive and powerful model that the County can utilize for future rate adjustments.
Background
The County currently charges their contracting cities based on the following methodology:
Shelter Services
♦ Kenneling days = Kenneling days in month = $34.10/day ♦ Large Animals = Daily charge per large animal (Horse/Cattle) = $20/day ♦ Large Animals = Daily charge per large animal (Swine/Goat) = $12/day ♦ Stray Dead = Charge per dead @ $70
♦ Wildlife = $138/per animal
♦ License Admin Fee = $11.35/per license issued
♦ Operations & Maintenance = $12.35/per impound = Fee varies per shelter ♦ Utilities = 30.5% of all utilities = billed every 6 months = City of Riverside instead of Operations and Maintenance.
Field Services
♦ ACO Fees = Annual Cost per ACO which is $273,125 multiplied by the full- time equivalent (FTE) count assigned. These costs are then billed out monthly in 1/12 increments. ♦ ACO Overtime is charged $170.15 per hour, generally with a two-hour minimum.
The current methodology does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animal s and length of stay . The unpredictability of the se shelter costs can cause a burden on contracting agencies, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting the se revenues. It also does not incentivize the agencies to promote animal licensing , spay or neutering of the animals , adoptions or other revenue generating activities within their jurisdictions.
1527
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 2
This report is the culmination of an extensive study conducted by MGT in collaboration with the County’s Animal Services management and staff. MGT would like to take this opportunity to gratefully acknowledge all management and staff who participated in this project for their time and participation.
Primary Objectives
The primary objective was to provide the County’s decision makers with a clear picture of what the cost of providing shelter and field services are for each contracted city as well as for the unincorporated (county) areas, to provide more predictability to the charges to each contracting city and to provide a model calculating these costs that can be easily updated in the future.
This report presents the following methodology for County consideration:
• Bill each contract city for the full cost to the County of providing shelter and field services. The methodology MGT used to calculate the full cost to the contract cities and unincorporated area, and how these costs were allocated to the cities, is described below.
METHODOLOGY / PROCES S
Below is a brief discussion of the cost analysis allocation methodology and process utilized by MGT for calculating the full cost to the County for providing animal services to the contract cities.
Identifying the Costs
TOTAL ANIMAL SERVICES COST :
MGT utilized the adopted FY 2023-2024 animal service budget as a basis for this analysis.
The adopted budget of $31,113,167 included the costs to cover the addition of the City of Hemet and the City of San Jacinto for services. The County also added two new administration positions. The adjusted grand total for animal services was $39,478,743.
IDENTIF YIN G THE COST POOLS:
MGT looked at how the FY2023-2024 adjusted budget was allocated by program areas and assigned cost into three cost pools : shelter, field or split. The split cost pool was then broken down between shelter and field so there were only two cost pools to distribute.
Shelter Cost Pool:
MGT allocated costs from Riverside Shelter, CVAC Shelter, San Jacinto Shelter , Veterinary Services, and Programs – totaling $21,772,176 – directly to the shelter cost pool. However, only $15,371,606 of these costs are being included in the shelter cost calculation used for billing contract cities. ♦ Riverside Shelter: $3,463,236
♦ CVAC Shelter: $2,001,264
♦ San Jacinto Shelter $3,473,860
1528
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 3
♦ Veterinary: $ 6,066,356
♦ Programs: $ 366,890
♦ TOTAL TO BE DISTRIBUTED: 15,371,606
Field Cost Pool
MGT included costs from the field program area as listed in the budget and assigned those costs directly to field.
♦ Field: $7,135,043
Split Costs
MGT took the costs identified as “split” and then broke them down into shelter and field. These costs consisted of Administration, Facilities , and Support, each uniquely supporting either shelter or field operations. The costs for each are listed below and the specific methodology for how these costs were split are described below:
♦ Administration: $ 3,470,341
♦ Facilities: $ 2,707,562
♦ Support: $ 2,374,689
Percentage Of Cost Pools (Shelter and Field):
To determine the percentage for each of the two cost pools (Shelter and Field), MGT looked at the total costs identified as either shelter or field and divided the costs for each cost pool by the total cost amount.
The results can be seen below in exhibit A.
EXHIBIT A – ADMINISTRATION ALLOCATION PERCENTAGES
Administration Costs:
Administration costs of $3,470,341 were split between shelter and field based on the ratio of the budgeted amounts identified as either shelter or field.
Once the administration allocation percentages were determined, MGT applied the percentages to the $3,470,341 and allocated the administration costs to the two cost pools as seen below in exhibit B.
EXHIBIT B – ADMINISTRATION COST ALLOCATIONS
Administration Allocation to Cost Pools
Shelter Administration 68.30% $2,370,243
Field Administration 31.70% $1,100,098
Percentage of Cost Pools
Shelter Field Total
Budgeted Costs $15,371,606 $7,135,043 $22,506,649
% Split 68.30% 31.70%
1529
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 4
Facilit ies Costs:
Facilities costs of $ 2,707,562 were split between shelter and field based on the same ratio as the Administration costs. MGT applied the percentages to the $2,707,562 and allocated the facilities costs to the two cost pools as seen below in exhibit C.
EXHIBIT C – FACILITIES COST ALLOCATIONS
Facilities Allocation to Cost Pools
Shelter Administration 68.30% $1,849,264
Field Administration 31.70% $858,298
Support Costs:
Support costs of $2,374,689 were split between shelter and field . There are four areas within support that were considered when allocating these costs: Counter (shelter), Call Center (supports both field and shelter operations), Licensing (shelter) and Rabies control (field).
Out of the four areas of support, only the call center needed to be broken down further between field and shelter. To do this, the number of calls and types of calls were evaluated and assigned to either the shelter or field. This created a percentage split that could be applied to the costs within the call center directly to the appropriate operations center (field or shelter).
MGT applied the percentages to $2,374,689 of costs and allocated the support costs to the two cost pools as seen below in exhibit D.
EXHIBIT D – SUPPORT COST ALLOCATIONS
Methodology and Distribution of Costs
After the two cost pools were established, MGT applied the following methodology to distribute the costs to the various contracting cities and the unincorporated areas of the County:
SHELTER COSTS DISTRIBUTION :
Shelter Costs are distributed to each contracted agency based on three allocation statistics:
♦ Average length of stay
♦ Annual number of impounded animals multiplied by the average length of stay ♦ Per capita
1530
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 5
Each of these allocations are weighted based on how they impact the shelter’s resources. The weighted allocation are listed exhibit E below:
EXHIBIT E – SHELTER ALLOCATION BASIS
Based on the statistics in each area, each contracted city was then assigned a percentage. This percentage was then applied against the portion of the shelter cost pool assigned to that allocation. For example, under the average length of stay allocation, a weight of 50% of the shelter’s cost pool for a total of $9,470,472 was assigned. The total average length of stay days is 204.83. Out of 204.83 days, the City of Blythe’s average length of stay was 8.79 days which equated to 4.29% of the total, therefore the city received an allocation of 4.29% of the cost or a total of $400,288. This same methodology was applied to each of the three allocations.
The statistics used in the allocation basis are based on the prior year’s information. In basing the distribution on the prior year, the cost to provide services will become more predictable for the contracted cities so they can budget accordingly. Costs would then be billed out in twelve equal increments, thus providing predictable costs per month for the contracted city.
Please note that out of the shelter costs to distribute, $285,599 does not get distributed to any of the contracting cities and is assigned directly to the unincorporated area (County) costs. This cost is the countywide allocation costs also referred to as COWCAP charges which government code section 51350 does not allow for the distribution of countywide overhead costs to contracting cities.
FIELD SERVICE UNIT DISTRIBUTION :
The field service unit cost is allocated based on the full cost to provide services per Animal Control Officer (ACO) assigned to the contracted agency and then divided by the number of full -time animal control officers. Each field service unit is comprised of the total costs associated with providing services. Some of the costs that were considered inclu de but are not limited to communication equipment, insurance, cleaning and custodial supplies, food and supplies, fuel, GPS, vehicle maintenance, field equipment, personnel services, and county counsel services. A fully burdened annual cost is developed a nd then applied to each ACO field unit assigned to the contracted city.
Some costs have been excluded from the total cost to distribute. This includes overtime and overtime holiday, which are charged separately , and costs for leased vehicles , which have been pulled out and directly charged through a separate vehicle charge for field leadership vehicles . A dditional costs were then added for the ACO’s vehicles. The vehicle costs are based on the annual amortized cost of the vehicles which is a separate cost outside of the Animal Service’s annual budget.
It is important to note that out of the field costs to distribute, $146,164 does not get distributed to the contracting cities and is assigned directly to the unincorporated area (County) costs. This cost is the countywide cost allocation plan charges also referred to as COWCAP charges . Government code section 51350 does not allow for the distribution of countywide overhead costs to contracting cities. 1531
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 6
Total costs for fieldwork and the annual cost per unit of fieldwork are listed in exhibit F.
EXHIBIT F – FIELD WORK COSTS PER UNIT
Additional charges for vehicle costs are then applied for each field service unit.
EXHIBIT G – FIELD WORK VEHICLE COSTS
Offsetting Funding Source
Offsetting revenues were applied to reduce the total costs of services.
REVENUE OFFSET S:
The County identified $2,860,714 in revenues that were offset against the total cost of services. Of this amount, $2,831,305 was attributed to shelter costs and $29,409 toward field services. The revenue offsets identified are listed below as Exhibit H.
EXHIBIT H – REVENUE OFFSETS
Annual Monthly
Field Work Vehicle Charge (per unit) $22,857.00 $1,904.75 Leadership Vehicle Charge (per unit) $11,911.77 $992.65 Field Work Licensing $6,428.57 $535.71
Account Account Amount
Code Description Budgeted
720000 County Animal License 802,000
720020 Kennel Permits 22,000
773200 Adoption-Auction Fees 301,000
773240 Impounds Boards Disposal 353,258
773250 Spay & Neuter Clinic Fees 355,500
775560 Other MH Charges for Services 150
777090 Collections Program 643,200
777520 Reimbursement for Services 300,000
777880 Credit Card Fees 60,000
781480 Program Revenue 23,606
2,860,714Total non-contract Revenue
1532
METHODOLOGY / PROCESS
Riverside County May 22, 2025
Cost Analysis For Animal Services Contract Cities Draft Report Page | 7
Offsetting revenues will vary from year to year. As the offsetting revenues increase the cost of services will receive a larger offset. Cities are encouraged to promote the services that result in offsetting revenue so that the offsetting revenues can continue to grow, thus reducing the overall cost to the cities that receive services.
Summary of Costs
FULL COST OF SERVICE ALLOCATION
The full cost allocation to each contract city, based on the methodology described in the preceding section, is shown below as Exhibit I.
Agencies
Billed
Amount FY 23-
24 Full Cost
Shelter
Services
Full Cost
Field Services Total Cost
Increase /
Difference
Unincorporated $3,959,476 $4,625,667 $8,585,143
Blythe $105,258 $508,773 $0 $508,773 $403,515
Calimesa $19,696 $490,831 $0 $490,831 $471,135
Cathedral City $302,844 $773,517 $149,311 $922,828 $619,984 Coachella $473,109 $895,577 $298,621 $1,194,199 $721,090 Desert Hot Springs $5,803 $524,761 $0 $524,761 $518,958 Eastvale $274,649 $1,765,403 $149,311 $1,914,713 $1,640,064 Hemet $652,593 $911,982 $298,621 $1,210,603 $558,010
Indian Wells $8,652 $195,499 $0 $195,499 $186,847
Indio $1,122,002 $1,090,551 $872,040 $1,962,591 $840,589 Jurupa Valley $1,553,130 $1,436,626 $585,331 $2,021,956 $468,826 La Quinta $365,855 $729,517 $298,621 $1,028,138 $662,283 Palm Desert $361,994 $602,726 $298,621 $901,348 $539,354 Perris $451,116 $1,144,147 $0 $1,144,147 $693,031
Rancho Mirage $35,036 $871,129 $0 $871,129 $836,093
Riverside $3,417,510 $2,190,847 $2,259,874 $4,450,721 $1,033,211 San Jacinto $441,303 $849,583 $298,621 $1,148,204 $706,901 Totals $9,590,550 $14,981,468 $5,508,972 $20,490,440 $10,899,890 Full Cost of Service Allocations
EXHIBIT I – FULL COST SUMMARY
The costs of providing animal services have been identified for each contracting city and the offsetting revenues have been applied. Individual results vary. In fiscal year 2023 -2024, contract cities paid $9,590,548. At full cost recovery, contracted cities would pay $2 0,490,440, which is an increase of $10,899,890 or 114%.
1533
Agreement No. 20- 004
AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES
BETWEEN THE CITY OF EASTVALE AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (" Agreement"), is made and entered into as of July 1, 2020 (" Effective Date") by and between the CITY OF EASTVALE, a general law city, (" CITY"), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services COUNTY"), collectively referred to asthe "Parties" and individually as a "Party".
RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter servicesfor the purposeof safeguardingthe health and safetyof CITY' s populationand the health and safety of its domestic animals;
WHEREAS, CITY desiresto promote the humanetreatment of animals; WHEREAS, COUNTY hasthepersonnelandexperienceto providesuchservicesandis willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:
SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:
1. The aforementionedRecitals are true and correct and incorporatedherein by this reference.
B. County Obligations:
I. COUNTY shall provide the field and shelter services within the corporate limits of CITY as outlined and specified in Exhibit A, Scope of Animal Field Services, attached hereto and incorporated herein by this reference, and; Exhibit B, Scope of Animal ShelterServices, attachedheretoandincorporatedhereinby this reference.
C. City Obligations:
1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in Section III., Compensation, and Exhibit C, Payment Provisions, attachedhereto and incorporated herein by this reference.
2. CITY shallbe responsiblefor handling, whetherdirectly or by its own legalcounsel, administrative or criminal proceedings, including and without limitation, appealsand enforcement actions, arising under the services provided in this Agreement.
COUNTY shall cooperatewith CITY in making availablesuch COUNTY animal control serviceemployeesfor suchproceedingsif necessary, for providing testimony or information.
1 MAR0 2 2021 3, 5 1534
Agreement No. 20- 004
3. In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following execution of this Agreement by both Parties, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (" Animal Control Ordinances"), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY' s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.
SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2020 and shall terminate on June 30, 2023, unlessterminated earlier asprovided herein under Section VI, Termination.
SECTION III. COMPENSATION
CITY shall reimburseCOUNTY for the servicesperformed and the expensesincurred in accordancewith the terms of Exhibit C, subject to any applicable changesin the rates and fees adoptedby the Board of Supervisors of COUNTY.
SECTION IV. HOLD HARMLESSANDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, electedand appointedofficials, employees, agentsand representativesfrom any liability, claim, damageor actionwhatsoever, basedor asserteduponanyactionsof CITY, its officers, employees, subcontractors, agentsor representativesarising out of or in any way relating to this Agreement, includingbut not limited to propertydamage, bodily injury, or deathor any otherelementof any kind or naturewhatsoeverandresulting from any reasonwhatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, electedand appointedofficials, employees, agentsand representativesin any such action or claim or action based upon such alleged acts or omissions.
B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle,
or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY' s indemnification to COUNTY as set forth herein. CITY' s obligation to defend, indemnify and hold harmless COUNTY shall be subjectto COUNTY havinggivenCITY written noticewithin a reasonableperiodof time of 2 1535
Agreement No. 20- 004
theclaim or of thecommencementof therelatedaction, asthecasemaybe, andinformation and reasonableassistance, at CITY' s expense, for the defense or settlement thereof. CITY' s obligationhereundershallbesatisfiedwhenCITY hasprovidedto COUNTY theappropriate form of dismissalrelievingCOUNTY from anyliability for theactionor claim involved.
C. Thespecifiedinsurancelimitsrequiredin thisAgreementshallin nowaylimit theCITY's obligationsto indemnifyandholdharmlessCOUNTY hereinfrom third partyclaims.
D. COUNTY shall indemnify and hold harmlessthe CITY, its Agencies, Districts, Special DistrictsandDepartments, their respectivedirectors, officers, City Council, electedand appointedofficials, employees, agentsandrepresentativesfromanyliability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agentsor representativesarising out of or in any way relating to thisAgreement, includingbutnotlimitedtopropertydamage, bodilyinjury, ordeathorany otherelementof anykind or naturewhatsoeverandresultingfrom anyreasonwhatsoever arising from the negligentor willful actionsby COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense,
all costsand fees includingbut not limited to attorneyfees, cost of investigation, defenseandsettlementsor awardsof all Agencies, Districts, SpecialDistricts andDepartmentsof theCITY, theirrespectivedirectors, officers, City Council, electedand appointedofficials, employees, agentsand representativesin any such action or claim or action based upon such alleged acts or omissions.
E.
With respectto anyactionor claimsubjectto indemnificationhereinby COUNTY, COUNTY shall, at its solecost, havetheright to usecounselof its ownchoiceandshallhave therightto adjust, settle, or compromiseanysuchactionor claimwithoutthepriorconsent of CITY; provided, however, that any such adjustment, settlementor compromisein no manner whatsoever limits or circumscribes COUNTY' s indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmlessCITY shall be subjecttoCITYhavinggivenCOUNTYwrittennoticewithinareasonableperiodof timeof theclaimorof thecommencementof therelatedaction, asthecasemaybe, andinformation and reasonableassistance, at COUNTY's expense, for the defenseor settlementthereof.
COUNTY's obligationhereundershallbesatisfiedwhenCOUNTYhasprovidedto CITY theappropriateformof dismissalrelievingCITY from anyliability for theactionor claim involved.
F.
Thespecifiedinsurancelimitsrequiredin this Agreementshallin no way limit the COUNTY's obligationsto indemnifyandholdharmlessCITY hereinfrom thirdparty claims.
SECTION V. INSURANCE
COUNTYagreesto maintainthe followinginsurancecoverageduringthe termof this Agreement:
3 1536
Agreement No. 20- 004
A. Workers' Compensation:
COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employers' Liability ( Coverage B) including Occupational Diseasewith limits not less than $1,000,000 per personper accident.
B. Commercial General Liability:
COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY' s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $ 1,000,000 per occurrence combined single limit.
C. Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $ 1,000, 000 combined single limit. ID D. General Insurance Provisions — All Lines:
1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the Stateof California and have an A M BEST rating of not less than A: VIII ( A:8).
2. The insurance requirements contained in this Agreement may be met with a program( s) of self- insurance.
SECTION VI. TERMINATION
A. Either Party may terminate this Agreement without causeupon no earlier than six (6) months advance written notice served on the other Party stating the extent and effective date of termination.
B. If a six (6) month notice of terminationis servedon the other Party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.
SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causesbeyond its reasonablecontrol, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply.
SECTION VIII. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the Parties hereto, and shall have the 12 1537
Agreement No. 20- 004
approval of the Board of Supervisors of COUNTY and CITY' s City Council. Any amendments will be presentedto CITY' s City Manager prior to CITY' s City Council approval.
This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussionsand communications, whether oral or in writing.
SECTION IX. SEVERABILITY
Each paragraphor provision of this AGREEMENT is severablefrom eachother provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
SECTION X. RECORDS
COUNTY shall maintainandkeeprecordsof all expendituresandobligationsincurredpursuant to this Agreement and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspectionandaudit by CITY or its authorizedrepresentativeasis deemednecessaryby the CITY' s City Manager, or designated representative, upon written notice to COUNTY.
SECTION XI. NO THIRD PARTY BENEFICIARIES
This AgreementbetweenthePartiesis intendedfor themutualbenefitof thetwo signingParties only. No rightsarecreatedunderthis Agreementin favorof anythird party or anypartywho is not a direct signatory to this Agreement.
SECTION XII. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodationin facilities, or employmentof personnelonthebasisof race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to theextenttheyshallbe foundto be applicablehereto, shall comply with the provisionsof theCalifornia Fair EmploymentandHousingAct (Gov. Code 12900et. seq.), the FederalCivil Rights Act of 1964 (Pub. L. 88-352) and the Americanswith Disability Act of 1990 (42 U.S.C. 12101et seq.).
SECTION XIII. DISPUTE RESOLUTION AND VENUE
A. The Partiesshall attemptto resolveany disputesamicablyat a working level. If thatis not successful, the dispute shall be referred to the senior management of the Parties.
B. Prior to filing any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The Parties shall share the cost of the mediations.
5 1538
Agreement No. 20- 004
C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any and all provisions of law providing for a changeof venue to anotherlocation.
SECTION XIV. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereundermay be assignedby the Parties without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.
SECTION XV. NOTICES
All correspondenceand notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two ( 2) days after their deposit in the United Statesmail, postageprepaid:
COUNTY:
Department of Animal Services
Attention: Director
6851 Van Buren Boulevard
Jurupa Valley, CA 92509
CITY:
City of Eastvale
Attention: City Manager
12363 Limonite Avenue Suite 910
Eastvale, CA 91752
SECTION XVI. CONTRACT PERFORMANCE
COUNTY' s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY' s City Manager, or designated representative.
SECTION XVII. HEADINGS
The Sectionand other headingscontainedin this Agreementare included for the purposeof convenientreferenceonly andshall not restrict, amplify, modify or otherwiseaffectin anyway the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION XVIII. COUNTERPARTS
This Agreement may be executedin any number of counterparts, each of which shall be deemed anoriginal, but all of which togethershallconstituteoneandthesameAgreement, bindingon all of the Parties.
SECTION XIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breachor violation by anotherParty of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequentbreach or violation of the same provision, ( b) shall not waive or be construedto waive a breachof violation of any otherprovision, and (c) shall be in writing and may not be presumed or inferred from any Party's conduct. Except as 0 1539
Agreement No. 20- 004
expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and eachand every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statuteor otherwise. The election of any one or more remediesby a Party shall not constitute a waiver of the right to pursue other available remedies.
SECTION XV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of anotherParty to this Agreement.
SECTION XVI. COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another, and shall take any additional actsor sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
Signature Provisions on Following Page]
7 1540
Agreement No. 20- 004
IN WITNESS WHEREOF, the Parties hereto have causedtheir duly authorized representatives to execute this Agreement.
COUNTY OF RIVERSIDE,
a Political Subdivision of
the State of California
By:
KAREN SPIEGEL, Chair
Board of Supervisors
ATTEST:
Kecia R. Harper
Clerk of the Board
By: 4U
Deputy
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By:
AmAt . Dhillon
Deputy County Counsel
CITY OF EASTVALE,
a General Law City
By: evov- v
Jocelyn Yow
Mayor
ATTEST:
Marc Donohue
City Clerk
vBy: _
ity Clerk
APPROVED AS TO FORM:
By:
Erica Vega
City Attorney + _
0 1541
Aareement No. 20- 004
EXHIBIT A
SCOPE OF ANIMAL FIELD SERVICES
CITY OF EASTVALE
The County of Riverside, on behalf of its Department of Animal Services (" COUNTY"), agrees to provide the following animal field servicesfor the City of Eastvale ("CITY"):
A. PROVISION OF FIELD SERVICES
The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:
1. Field Service Assistance: Respond to calls for field service assistancepursuant to the priority of calls as described in Section E below.
2. Impoundment: Impound dogs found at large and collect such impound fees as established in the appropriate CITY municipal code.
3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandonedanimal impounded by field personnel in accordancewith State of California State") laws and regulations.
4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond in person to all reported bites by animals or by suspectedrabid or wild animals. CITY shall be responsiblefor anyappealsarisingfrom administrativeproceedingsresultingtherefrom.
5. Quarantine: Quarantineall animalssuspectedbe rabidand/or thathavebitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy.
6. Stray and Barking Animal ( Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referencedthe appropriate CITY Municipal Code. City shall be responsible for any appeals arising from administrative proceedings resulting therefrom.
7. Dead Animals: Remove dead animals from the public right- of-way except in such cases where an animal is on a statehighway within CITY limits. In suchcases, COUNTY shall immediately (or assoonaspracticable) notify theStateDepartmentof Transportationby telephone, facsimile, email or other means.
8. Return of Impounded Animals: Encourage the return of any lost/ stray animal impounded by field personnel while in the field to the rightful owner and at the shelter, subject to the payment of impound fees.
9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY' s municipal codes, and collect fees A- 1
1542
Agreement No. 20- 004
in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.
10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY' s municipal code as necessary, including the issuanceof warning notices or citations, for violations of the provisions of said municipal code. CITY shall be responsible for the prosecution of any criminal enforcement actions or any appeals arising from administrative proceedings resulting therefrom.
11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processingany type of complaint or requestfor service, shall indicate to the caller that a response can be expected as per Section E below.
12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status when responding to requestsfor service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer' s regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY' s municipal code.
13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, unhealthy, injured, or part of an animal cruelty or animal bite case.
14. Mutual Animal Welfare Programs: If mutually agreeable between the Parties, COUNTY and CITY shall work together to establish animal welfare programs that benefit the animals and residents of CITY.
15. COUNTY will perform humane investigations of suspectedanimal neglect and cruelty and will be responsiblefor investigation, citation and preparing materials for prosecution.
16. COUNTY and CITY will work together on educational outreach, promotion of spay/ neuter and vaccination clinics, other owner surrender diversion program, responsible pet ownership and adoption programs and activities.
17. In caseof a disaster, COUNTY and CITY will work collaboratively on animal needsand communication as it relates to rescue, response and recovery efforts.
B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY' s animals at the Western Riverside City/ County Animal Shelter, or other County operatedshelter at the County' s discretion, assetforth in Exhibit B.
C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
A- 2
1543
Agreement No. 20- 004
COUNTY shall provide animal control vehiclesand equip them with the appropriateanimal control boxesmountedon the truck chassisand with an air conditioningunit mountedon the animal control truck boxes for use in the provision of services as set forth in this Agreement.
The COUNTY shall fuel and maintain said vehicles.
D. MISSING OR STOLEN ANIMALS
COUNTYshallfile a reportwith theappropriatelaw enforcementagencywithin twentyfour 24) hoursif an impoundedanimalis missingor suspectedto havebeenstolenfrom an animal controlvehicleor while in COUNTY's custody. COUNTY shall indicate on the police report the circumstances of the animal' s disappearance.
E. PRIORITY OF FIELD SERVICES
1. " Services" are those enforcement activities rendered by COUNTY pursuant to the relevant sections of CITY' s municipal code and related State law, and are assembledfor into two categories: Emergency andNon -Emergency.
2. " Priority Ranking" refersto the orderof priority with which a call will be handled. All callswill godirectlyto thedispatcheror assignedclericalstafffor relayto theAnimal Control Officer. If a call is " exceptional," a set forth in Section F below, it shall be referredto thesupervisorfor evaluationandprocessing.
3. The following definitions of " Regular Service Hours," " Limited Service Hours" and Holidays" areintendedto identify thebroadtime framesduringwhich specificlevelsof service will be provided.
a. " Regular Service Hours" arebetweenthehoursof 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
b. " LimitedServiceHours" arebetweenthehoursof5:00pmto7:30am, Monday throughFriday, all daySaturday, SundayandonHolidays.
c. " Holidays" are those days as establishedby the COUNTY and the CITY where the CITY or COUNTYis closedfor serviceon a businessday that would otherwisebe aregularserviceday.
4. FieldserviceactivitiesshallbeperformeddailyandgenerallybasedonboththePriority Rankingandthe time a call for serviceis receivedin accordancewith this Agreement.
All callsinvolvingimminentdangershallberespondedto within sixty (60) minutesif reasonably possible, subject to considerationsinvolving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medicalemergenciesandotheremergenciesinvolvingdangerto humanswithin thirty 30) minutesor lessduringRegularServiceHours, andwithinsixty (60) minutesor less during Limited Service Hours and Holidays. CITY acknowledges that response time A- 3
1544
Agreement No. 20- 004
may be affected by traffic congestion or other hindering circumstancesuncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Periods which are of an emergent nature pursuant to this Exhibit A. Field service personnel may be assignedto patrol and perform other service field tasks asdefined by COUNTY andCITY.
5. Telephone Service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/ or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty ( 30) days.
6. The CITY and COUNTY agreethat any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call- back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with this Exhibit A.
7. Calls Considered Emergencies to be Handled Without Delay:
a. Animals endangering health or safety of the community b. Police Department requests for service
c. Sick or injured stray animals
d. Animals in distress
e. Humane investigations that are life threatening. ( Depending on immediate circumstances)
8. Calls Considered Non - Emergency to be Handled during Regular Service Hours:
a. Pick- up confined, healthy, stray -animals
b. Dead animal removal
c. Quarantine investigations
d. Leash law enforcement
e. Nuisance animal investigations
f. Permit investigations
F. EXCEPTIONS
The Director of Animal Control, or designee, may, on a case -by -case basis, authorize variations of priority when circumstances require.
G. LICENSE FEES ( Section 2 of Riverside Countv Ordinance 630) 1545
Agreement No. 20- 004
Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amendedby COUNTY' s Board of Supervisors, from time to time.
H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY' s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY' s website, www. rcdas.org. COUNTY shall verify dog license status when responding to requestsfor service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal' s license by telephone.
I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars 10) per license on any and all canine license revenue generatedby CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $ 10 per each canine license issued and shall be separateand apart from the monthly compensation rate due and payable by the CITY as required in Exhibit C, Payment Provisions. CITY shall be responsiblefor a one-time conversionfee for new data enteredinto COUNTY's licensing database.
A- 5
1546
Agreement No. 20- 004
EXHIBIT B
SCOPE OF ANIMAL SHELTER SERVICES
CITY OF EASTVALE
The County of Riverside, on behalf of its Department of Animal Services (" COUNTY"), agrees to provide the following Animal Shelter Services for the City of Eastvale (" CITY"). All capitalized terms set forth herein are defined in Section B below.
A. COUNTY ANIMAL SHELTER LOCATION
Shelter Location: The COUNTY shall maintain CITY' s animals at the Western Riverside County/ City Animal Shelter (" Shelter"), or other shelter operated by COUNTY at COUNTY' s discretion.
The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty four (24) hour basis.
2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.
B. DEFINITIONS
1. " Animal Shelter Services" shall include the following activities and services:
a.
Impoundment, admittance, receiptof, careof, custodyof and/or feedingof stray animals and as part of investigations.
b. Redemption, treatment, sale, adoption, and/ or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter's website of photographs of all newly impounded animals and identifying eachanimal individually.
e. Ensuring that all dogs, four ( 4) months and older, released from the COUNTY to a resident of County of Riverside are licensed and spayed/neutered and, if not licensed, to sell licenseto theowneror otherpersontaking custodyof suchdog.
In accordancewith COUNTY ordinances, requirethemicro -chippingof released animals at the owner' s expense.
f. Humaneeuthanasiaof animalsaslawful andnecessary, includingthe creationof a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal -by -animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit D, Payment Provisions.
h. " Care" includes, but is not limited to providing a safe, temporaryrefugefor any animal impounded, and providing needed medical services for injured/ sick animals or transfer of animal to the appropriate agency.
2. " Adoptable Animal" shall mean an animal eight ( 8) weeks of age or older that at or subsequentto thetime theanimalis impoundedor takeninto possession, hasmanifested no sign of disease, injury, or congenitalor hereditaryconditionthat adverselyaffectsthe B- 1
1547
Agreement No. 20- 004
health or temperament of the animal, or that is likely to adversely affect the animal' s health in the future. Dogs declared " vicious" or " potentially dangerous" under State and/ or local laws shall be deemed unadoptable.
3. " Treatable" shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. " Treatable" shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/ objects, food aggression, etc.
4. " Untreatable Animal" shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.
5. " Impounded Animal" shall include animals found running at large, removed from private property, or that are taken into the custody by COUNTY or law enforcement.
6. " Seized Animal" shall include animals that are confiscated under Penal Code 597. 1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determinedjustified or not, when exigent circumstancesexist.
C. SCOPE OF ANIMAL SHELTER SERVICES
1. Treatment of Animals: COUNTY shall provide adequatecare and treatment of CITY' s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.
2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY' s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.
3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.
4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY' s policies and proceduresmay include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.
5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspectsof the Animal Shelter Servicesdescribedherein.
6. Holding Periods: COUNTY shall hold all stray -impounded animals, not otherwise owner identifiable, for the holding periods asrequired by Statelaw.
B- 2
1548
Agreement No. 20- 004
7. Euthanasia: Humane euthanasiaservices shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal' s owner and is deemednot adoptableby COUNTY. Untreatable Animals that are irremediably suffering from a seriousillness or severeinjury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three ( 3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.
8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, Statelaw, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.
9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention.
10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate.
11. Wildlife. COUNTY will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal' s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.
12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerousand in custody of COUNTY either tenderimpoundment or quarantine shall be deemedunsuitable for adoption and shall not be releasedexcept as required by State law or at the Director of Animal Services' discretion.
13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one ( 1) hour of arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four ( 24) hours of an Impounded Animal delivered by CITY to COUNTY.
14. Incoming Animal Examinations/ Assessments: A cursory exam of an animal shall be performed within twelve ( 12) hours, except during Limited Service Hours when the examination will be performed within twenty-four ( 24) hours. Incoming animal assessment shall include the following:
B- 3
1549
Agreement No. 20- 004
a. A physical examination to determine if a medical condition exists which requires a veterinarian' s attention
b. Routine vaccinations and de -worming, as needed
c. External parasitetreatment, asneeded
d. Document the animal' s incoming weight
e. Scanfor microchip identification
f. Establish unique identifier for the animal
g. Document any identifying featuresor abnormalities. The COUNTY shall properly document on an animal -by -animal basis that an examination/ assessment has been performed.
15. Enforcement: Enforce all relevant provisions of CITY' s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.
16. Adoption: Animals identified asbeing available for adoption shall be up for adoption in the shelter or by posting online.
17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.
In accordance with California Food and Agricultural (" F& A") Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/ neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaserif proof of sterility is provided within thirty ( 30) businessdays from the dateof surgery, at which the deposit is forfeited in accordance with F& A Code Sections 30503 and 31751.3. Spay and neuter depositsshall only be usedby the COUNTY for canine and feline spay and neuter programs.
18. Community Adoption Partners: COUNTY shall comply with F& A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded "shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501( c)( 3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreementswith any animal organization or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released."
19. Foster Care Placement: Certain animals may be placed in COUNTY' s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.
B- 4
1550
Agreement No. 20- 004
20. Drug Enforcement Agency ( DEA): COUNTY shall comply with all Drug Enforcement Agency ( DEA) regulations regarding storage, record -keeping, inventory, use, and disposal of all controlled substances.
21. Staffing and Volunteers: COUNTY shall recruit and supervise all necessarypersonnel for the office, kennel, veterinary and other areasof the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter - related activities. Personnel employed at the Shelter in the performance of Shelter -related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.
22. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.
23. CITY Access: COUNTY shall provide accessof the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.
24. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.
Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal' s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expensesreachthe amount of 5,000 or greater per incident. Such expensesshall not exceedthe amount of $25,000 per incident unless authorized in writing by CITY.
25. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.
D. COMPENSATION
Compensation for Animal Shelter Services:
Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $ 20 per animal, per day for horses and cattle, and $ 12 per animal, per day for swine, goats and sheep in accordancewith COUNTY' s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.
B- 5
1551
Agreement No. 20- 004
2. Impound/ Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreementswith the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in associationwith any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine.
The COUNTY agreesto assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following:
IMP 1- collection; State Fine 1- collection, Board collection- all fees due; QT Board collection - if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY' s current fee schedule.
3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare program, Spay/ Neuter Services, and adoption of animals through its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at a rates below:
a. Vaccination or Spay/ Neuter Clinic: $ 3, 000* per event, flat rate billed on actual use.
The cost for staff, vaccinations and microchips, free to constituents with a two hundred (200) animal capper event.
b. Education Outreach Event: $ 2, 553* per event, flat rate billed on actual use.
The cost to staff an outreachevent for the purposeof educating CITY constituents.
M
1552
Agreement No. 20- 004
EXHIBIT C
PAYMENT PROVISIONS
CITY OF EASTVALE
City of Eastvale (" CITY") shall compensate the County of Riverside (" COUNTY") on a monthly basis all fees and rates in accordance with the COUNTY' s current fee schedule as set forth below:
A. Animal Field and Sheltering Services Rates*
Service Impounds Amount Total Yearly Monthly
Installments
Animal Control Officer ( half- time) 86, 320 86, 320 7, 193 Animal Sheltering* 515 20 per day 103, 000 8, 583
Wildlife Impounds 163 138 each 22, 494 1,875
DeceasedAnimal Pick -Up and
Disposal
192 70 each 13, 440 1, 120
Operation & Maintenance* 515 12. 53 each 6, 453 538
Total Sheltering Cost 231, 707 19, 309
Yearly cost estimate basedon statistics provided by CITY of its prior year's impound rate of 515 stray dogs and cats per year, based on an average of ten ( 10) kenneling days. Rates are established by the Board of Supervisors and are subject to change as amended by COUNTY from time to time.
City shall be provided with actual impound statisticseachmonth that detail the number of animals impoundedandthenumberof kennelingdays.
Large Animal Sheltering: $ 20/animal (horses, ponies, cattle) per day of sheltering.
Large Animal Sheltering: $ 12/animal (swine, goats, sheep) per day of sheltering.
B. Collection of License Fees
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars 10) per license on any and all canine license revenue generatedby CITY residents during the term of the Agreement. All feescollectedfor caninelicensesshall be accountedfor by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $ 10 per each canine license issued and shall be separateand apart from the monthly compensation rate due and payable by the CITY as set forth above in Section A.
C. Impound/ Quarantine Fees
CITY shall be responsible for all costs associatedwith any and all animals seized within the CITY boundaries and brought to COUNTY held in the Shelter, including facilities that have C- 1
1553
Agreement No. 20- 004
agreementswith the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is notlimitedto, animalsheldin associationwith anycriminal prosecutionof animalabuseandwelfarecases, animalsbeingheldasevidencein acourtfiling, or rabiesquarantine. TheCOUNTY agreesto assisttheCITY in seekingreimbursementfrom the owner by providing invoices for all services provided. All services provided to each animal involvedshallbechargedasof thecurrentdateincludingbutnotlimitedto thefollowing: IMP 1- collection; State Fine 1-collection, Board collection- all fees due; QT Board collection - if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchipcollection; any andall medicationsprovidedto eachanimal; andpersonnel charges.
D. Optional Services at City' s Request
1. Vaccination or Spay/Neuter Clinic: $ 3,000 per event, flat rate billed on actual use. The serviceprovidedhereinshallbefreeto constituents, with a two hundred (200) animalcapper vaccination clinic, or thirty ( 30) spay and/or neuter surgeriesper spay/neuterclinic.
2. Education Outreach Event: $ 2,553 per event, flat rate billed on actual use. The cost for staffanoutreacheventfor thepurposeof educatingCITY constituents.
C- 2
1554
Revco AR
iPSK `? 0'r1t7g211?2RC
BRENDA DIEDERICHS,
Asst. County Executive Officer/
Human Resources Director
CERTIFICATE OF INSURANCE OR SELF- INSURANCE
THIS IS TO CERTIFY THAT THE SELF - INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR
THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH CERTIFICATE.
COVERAGEPROVIDEDISSUBJECTTOTHE TERMSANDCONDITIONSOFTHEEXCESSPOLICEType of CoverageCompany and Policy Period Limits of LiabilityPolic Number Bodily Injury/ PropertyDamage Commercial
General Self - Insured07/ 01/ 20211, 000,000 CombinedLiability Including to Single Limit Per Vehicle
Liability 07/ 01/ 2022Occurrence with No Aggregate
Limit Workers'
Permissibly 07/ 01/ 20212, 000,000 Per OccurrenceCompensation Self - Insuredto with No AggregateLimit X
Employers'
07/
01/ 2022Liability
The
Countyof Riversidecertifies that the aboveself - insuredprogramis in effectas respectto: Meetagreementrequirements that RCDAShas for fieldand shelterserviceswith the city of Eastvale. Certificate Holder Cancellation City
of EastvaleIn theeventof cancellationof theself-insuranceprogram or Attn:
Kenia Lopez policy designatedbelow, it is theintentof theCountyof 12363 Limonite Avenue, Suite 910 Riverside to mail30 days' prior noticethereof. Eastvale, CA 91752This
certificateis notvalidunlesssignedby an authorizedrepresentativeof theCountyof Riverside, Risk ManagementDivision Date:
October13, 2021cc:
StefanieRubio, Admin. Services Analystll, Animal Services P.
O. Bcx1210,Riverside,CA92502OU( 951)955-354010( 951)9554027 ®[email protected] 1555
FIRST AMENDMENT TO
AGREEMENT FOR ANIMAL CONTROL FIELD AND
SHELTER SERVICES
BETWEEN THE CITY OF EASTVALE
AND THE COUNTY OF RIVERSIDE
This First Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (" COUNTY") and the CITY OF EASTVALE (" CITY"), herein referred to as the " First Amendment", dated as of the Effective Date ( defined herein), amends the Agreement as follows:
RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and ShelterServicesBetweenthe City of Eastvaleandthe County of Riverside for the provision of animal field and shelter services (" Original Agreement") for a term commencing July 1, 2020 through June 30, 2023 (" Agreement");
WHEREAS, the COUNTY' s Board of Supervisors ratified and approved the Agreement on March 2, 2021 , in Minute Order 3. 5;
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:
I . Recitals — The recitals set forth above are true and correct and incorporated herein by reference.
2. Effective Date and Term. The " Effective Date" of this First Amendment shall be July 1, 2023 andshall terminateon June30, 2024.
3. Entire Understanding. The First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not containedor expresslyreferredto within this First AmendmentandOriginal Agreement.
4. Further Assurances. The Parties agree to execute such other documents and to take suchotheractionsasmay be necessaryto further the purposeof this First Amendment.
5. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Original Agreement remain unmodified and in full force and effect.
6. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
Pagel of 3
1556
FIRST AMENDMENT TO
AGREEMENT FOR ANIMAL CONTROL FIELD AND
SHELTER SERVICES
BETWEEN THE CITY OF EASTVALE
AND THE COUNTY OF RIVERSIDE
SIGNATURES ON FOLLOWING PAGE]