Agenda packet — Menifee City Council, July 20, 2022 (part 3 of 7)

DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If CITY has employees as defined by the State of California, CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If CITY's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

Policy shall name the DISTRICT as Additional Insureds.

Item Title: 10.8
Agreement with Riverside County Flood Control and Water Conservation District for Bradley Road Bridge Over Salt Creek Item Page Number: 21
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Exhibit C
Cooperative Agreement
Bradley Road Bridge Over Salt Creek
Project No. 4-6-10000
Encroachment Permit No. 3552

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D. Professional Liability:

CITY shall cause any architect or engineer retained by CITY in connection with the performance of CITY's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. CITY shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and
Item Title: 10.8
Agreement with Riverside County Flood Control and Water Conservation District for Bradley Road Bridge Over Salt Creek Item Page Number: 22
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Exhibit C
Cooperative Agreement
Bradley Road Bridge Over Salt Creek
Project No. 4-6-10000
Encroachment Permit No. 3552

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related investigations, claims administration, and defense costs and expenses.
c. CITY shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that CITY's insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, Item Title: 10.8
Agreement with Riverside County Flood Control and Water Conservation District for Bradley Road Bridge Over Salt Creek Item Page Number: 23
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Exhibit C
Cooperative Agreement
Bradley Road Bridge Over Salt Creek
Project No. 4-6-10000
Encroachment Permit No. 3552

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etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.
g. CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

Item Title: 10.8
Agreement with Riverside County Flood Control and Water Conservation District for Bradley Road Bridge Over Salt Creek Item Page Number: 24
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CITY OF MENIFEE
SUBJECT: Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a cooperative agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the construction, ownership, operation, and maintenance of the Salt Creek – Trailhead Drive Storm Drain, Stage 2, located south of Simpson Road and east of Menifee Road.

DISCUSSION
Lennar Homes of California, LLC (Lennar), is the developer of Heritage Heights Tracts 31582 and 31582-1, residential housing tracts consisting of 269 lots located south of Simpson Road and east of Menifee Road. As part of the development’s requirements, Lennar constructed certain flood control facilities to provide flood protection and drainage for the development. The flood control facilities are identified as the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Salt Creek – Trailhead Drive Storm Drain Stage 2 and the Salt Creek – Redwood Street Debris Basin. Salt Creek–Trailhead Drive Storm Drain Stage 2 is comprised of approximately 3,100 lineal feet of underground storm drain system and a debris basin. At its downstream terminus, the storm drain will connect to the RCFC&WCD’s Salt Creek – Trailhead Drive Storm Drain Stage 1 facility.

The described facilities would be owned and operated by the RCFC&WCD as District Drainage Facilities. The City would be responsible for the maintenance of appurtenances associated with these facilities including catch basins, connector pipes and storm drain lines that are 36 inches or less in diameter.

The RCFC&WCD Drainage Facilities and City Facilities are together called the “Project” in the attached cooperative agreement (Agreement). The Agreement memorializes the roles and Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 1
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City of Menifee Staff Report
TM 31582 and TM 31582-1 Cooperative Agreement
July 20, 2022

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responsibilities of each party in the construction, inspection, ownership, operation and maintenance of the District and City Facilities. The Agreement has been reviewed and approved by both the City Attorney and Riverside County’s legal counsel. Following City Council action, the Agreement would be presented to the Riverside County Board of Supervisors. Upon approval of both bodies, the Agreement would be executed.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
All costs incurred in constructing the Project were borne by the developer. Upon acceptance of the Project, the RCFC&WCD would be responsible for the operation and maintenance of the District Drainage Facilities, and the City would be responsible for City Facilities. Costs associated with the maintenance of City Facilities would be absorbed in approved fiscal year 2022/23 operating budgets.

ATTACHMENTS

1. Project Map

2. Agreement
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 2
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PROJECT MAP
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 3
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OOPERA TIVE AGREEM ENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1
This Cooperative Agreement ("Agreement"), dated as of
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is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Menifee, a municipal corporation of the State of California ("CITY"), and Lennar Homes of California, LLC, a California limited liability company ("DEVELOPER").

RECITALS
A. DISTRICT, the County of Riverside, and Shea Homes Limited Partnership, hereinafter called "PREVIOUS DEVELOPER", entered into that certain Cooperative Agreement hereinafter called "PREVIOUS AGREEMENT", executed on November 6, 2007 and recorded as Document No. 2007 - 0730354 in the Official Records of the County of Riverside requiring PREVIOUS DEVELOPER, as a condition of approval for Tract Map Nos. 31582 and 31582-1, to construct Salt Creek - Trailhead Drive Storm Drain, Stage 2 and Salt Creek - Redwood Street Debris Basin as defined in PREVIOUS AGREEMENT; and B. Tract Map Nos. 31582 and 31582-1, as recorded in Map Book 430, pages 97 through 108, inclusive, and pages 80 through 93, inclusive, respectively, records of the Recorder's Office, Riverside County, State of California, are hereinafter called "PROPERTY".

The legal description of PROPERTY is provided in Exhibit "A" attached hereto and made a part hereof; and
C. The initial processmg of land use entitlements and associated improvement plans for said PROPERTY commenced under the authority of the County of Riverside. Following CITY's incorporation in October 2008, the processing of these land use - I -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 4
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entitlements and associated improvement plans was assumed by CITY, and therefore, by operation of law, became the successor of the obligations and commitments of the County of Riverside as to the processing of the land use entitlements and associated improvement plans; and
D. Pursuant to that certain Cooperative Agreement, executed on or about July 2, 2013, between CITY and Eldorado (Riverside) Venture L.L.L.P., hereinafter called ."ELDORADO", ELDORADO agreed to construct certain Menifee Road improvements, sometimes colloquially referred to as the "Missing Link", roughly bounded by Simpson Road to the north and Aldergate Drive to the south ("ROAD IMPROVEMENTS"), and to complete construction of Salt Creek - Trailhead Drive Storm Drain, Stage 2 in conjunction with its construction of ROAD IMPROVEMENTS; and
E. Pursuant to a Right of Entry and Inspection Agreement executed by and between DISTRICT and ELDORADO on August 15, 2016, ELDORADO constructed or caused to be constructed the required flood control facility as shown on DISTRICT's Drawing No. 4- 0926, and as shown in concept on Exhibit "B ", attached hereto and made a part hereof:
(i) Salt Creek - Trailhead Drive Storm Drain, Stage 2, which is comprised of: (a) 2,500 lineal feet of underground storm drain system ("STORM DRAIN"), (b) 590 lineal feet of underground storm drain system ("LATERAL") and (c) a debris basin ("BASIN"). Together, STORM DRAIN, LATERAL and BASIN are hereinafter called
"DISTRICT FACILITIES. At its downstream terminus, STORM DRAIN will connect to DISTRICT's Salt Creek - Trailhead Drive Storm Drain, Stage 1 facility as shown on District Drawing No 4-0925; and - 2 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 5
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F. DISTRICT FACILITIES have not been accepted by DISTRICT for ownership, operation and maintenance; and
G. Associated with the construction of DISTRICT FACILITIES, ELDORADO constructed or caused to be constructed as per DISTRICT's Drawing No. 4-0926, certain catch basins, inlets, connector pipes, basin, outlet structure, and various lateral storm drains that are located within CITY held easements or rights of way ("APPURTENANCES"); and
H. Also associated with the construction of DISTRICT FACILITIES, ELDORADO constructed or caused to be constructed as per the improvement plans, a water quality basin, basin walls, outlet structure and various lateral storm drains that are thirty-six inches (36") or less in diameter ("DEVELOPER FACILITIES"), to be initially owned and maintained by DEVELOPER and subsequently owned and maintained by the Homeowners Association for Tract Map No. 31582; and
I. Together, DISTRICT FACILITIES, APPURTENANCES and
DEVELOPER FACILITIES are hereinafter called "PROJECT"; and J. Pursuant to one or more Grant Deeds recorded in 2016, DEVELOPER acquired title to PROPERTY located in the City of Menifee, and assumed all rights, title, interests, benefits, privileges and obligations of PREVIOUS DEVELOPER; and K. DISTRICT, CITY, and DEVELOPER now desire to enter into this Agreement with the intent that this Agreement shall prevail over the terms of the PREVIOUS AGREEMENT dated November 6, 2007; and
L. CITY and DEVELOPER desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore, - 3 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 6
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DISTRICT must inspect the condition of DISTRICT FACILITIES to ensure that they are in an acceptable condition; and
M. DISTRICT and DEVELOPER desire CITY to accept ownership and responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must inspect PROJECT to ensure that APPURTENANCES are in an acceptable condition; and N. DISTRICT is willing to (i) conduct a final inspection of DISTRICT FACILITIES, (ii) accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, provided that DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the amounts specified herein to cover DISTRICT's construction inspection costs for DISTRICT FACILITIES, (iii) provides compaction reports documenting that all soil compaction for DISTRICT FACILITIES were accomplished in compliance with DISTRICT standards, (iv) resolves any outstanding "punch list" items applicable to PROJECT, (v) accepts ownership and responsibility for the operation and maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance of APPURTENANCES, and (vii) PROJECT is constructed in accordance with the improvement plans pursuant to this Agreement; and

0. CITY is willing to (i) conduct a final inspection of PROJECT, (ii) grant DISTRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way subject to the terms of this Agreement, and (iii) accept ownership and responsibility for the operation and maintenance of APPURTENANCES, provided DEVELOPER (a) complies with this Agreement, (b) PROJECT was constructed in accordance with the improvement plans pursuant to this Agreement, ( c) obtains and conveys to CITY all rights of way necessary for the inspection, operation and maintenance of APPURTENANCES as set forth herein, and (d) accepts -4-
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 7
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ownership and responsibility for the operation and maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance of APPURTENANCES.

P. Pursuant to Water Code Appendix Section 10, the Board of Supervisors of the County of Riverside is designated as, and is empowered to act as, ex officio the Board of Supervisors of DISTRICT therefore the County of Riverside is included as an indemnified Party.

NOW, THEREFORE, the Parties hereto mutually agree as follows:

SECTION I
DEVELOPER shall:

1. Continue to pay DISTRICT and CITY within thirty (30) days after receipt of periodic billings from DISTRICT and CITY, any and all such amounts as are deemed reasonably necessary by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated with the review and implementation of the improvement plans, inspection, review and approval of rights of way and conveyance documents and with the processing and administration of this Agreement.

2. Ensure that all necessary licenses, agreements, permits and rights of entry as may be needed for the inspection, operation and maintenance of PROJECT have been secured.

3. Grant DISTRICT and CITY, by execution of this Agreement, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for PROJECT as set forth herein.

4. Within two (2) weeks of execution of this Agreement, provide DISTRICT and CITY, with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8 Section 5158, - 5 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 8
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Other Confined Space Operations, Section 5157, Permit Required Confined Space and District Confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT and CITY prior to DISTRICT's and CITY's final inspection of PROJECT.

5. Within two (2) weeks of execution of this Agreement, provide certificates of insurance evidencing the required insurance coverage and endorsements to DISTRICT and CITY. At minimum, the procured insurance coverages should adhere to DISTRICT's and CITY's required insurance provided in Exhibit "C", attached hereto and made a part hereof. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT and CITY, at their individual sole discretion, to provide written notice to DEVELOPER that either DISTRICT or CITY will no longer be required to perform their obligations hereunder, nor accept responsibility for ownership, operation and maintenance of PROJECT due, either in whole or in part, to said breach of this Agreement.

6. Comply with all Cal/OSHA safety regulations including, but not limited to, regulations concerning confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.

7. Within two (2) weeks of execution of this Agreement, provide written notice to DISTRICT and CITY for DISTRICT to conduct a final inspection of DISTRICT FACILITIES and CITY to conduct a final inspection of PROJECT.

8. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operatiQn and maintenance and CITY acceptance of APPURTENANCES for ownership, operation and maintenance, provide or cause its civil engineer ofrecord or construction civil engineer ofrecord, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) and CITY, - 6 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 9
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with (i) soil compaction report(s) - stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) - stamped and wet signed by the civil engineer of record, (iii) the resolution of outstanding "punch list" items applicable to PROJECT, and (iv) redlined 'Record Drawings' copy of PROJECT plans. After DISTRICT and CITY approval of the red lined 'Record Drawings', DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original 'Record Drawings' at DISTRICT's office, after which the engineer shall review, stamp and sign the original PROJECT engineering plans 'Record Drawings'.

9. Prior to DISTRICT and CITY acceptance of PROJECT for ownership, operation and maintenance, convey, or cause to be conveyed to DISTRICT and/or CITY the flood control easement(s), including ingress and egress, for the rights of way, as shown in, concept cross-hatched in blue on Exhibit "D" attached hereto and made a part hereof, guaranteeing DISTRICT's and CITY's interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except those which, in the sole individual discretion of either DISTRICT or CITY, are acceptable.

10. Prior to the date of this Agreement, DISTRICT has obtained, reviewed and approved a preliminary commitment for title insurance covering each easement parcel to be conveyed to DISTRICT. DEVELOPER shall, at the time of recordation of the conveyance document(s), as set forth in Section I.9., furnish DISTRICT (Attention: Real Estate Services) with policies of title insurance, each in the ·amount of not less than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property subject to all matters of record.

11. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES, APPURTENANCES and DEVELOPER FACILITIES - 7 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 10
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until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, CITY accepts ownership and responsibility for the operation and maintenance of APPURTENANCES, and the Homeowners Association for Tract Map No. 31582 accepts ownership and responsibility for the operation and maintenance of DEVELOPER FACILITIES, respectively.

12. Accept all liability whatsoever associated with the ownership, operation and maintenance of PROJECT until such time as DISTRICT FACILITIES, APPURTENANCES, and DEVELOPER FACILITIES are formally accepted by DISTRICT, CITY and the Homeowners Association for Tract Map No. 31582, respectively, for ownership, operation and maintenance.

13. Prior to acceptance of DISTRICT FACILITIES by DISTRICT or APPURTENANCES by CITY, obtain the necessary permits, approvals or agreements as may be required by any Federal, State or local resource and/or regulatory agency for the continuing operation and maintenance of DISTRICT FACILITIES and/or APPURTENANCES ("ONGOING REGULATORY PERMITS"). Upon completion of construction, DISTRICT FACILITIES and/or APPURTENANCES may require regulatory approvals and therefore may require ONGOING REGULATORY PERMITS in order to be maintained. ONGOING REGULATORY PERMITS include but are not limited to those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board, and Western Riverside County Regional Conservation Authority. DISTRICT will not accept DISTRICT FACILITIES and CITY will not accept APPURTENANCES until all required regulatory permits have been issued and transferred to DISTRICT and/or CITY, respectively.
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Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 11
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14. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable laws and regulations, including but not limited to all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.

15. Pay DISTRICT and CITY, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.

SECTION II
DISTRICT shall:

1. Upon execution of this Agreement, record or cause to be recorded, a copy of this Agreement in the Official Records of the Riverside County Recorder.

2. Conduct final inspection of DISTRICT FACILITIES.

3. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of improvement plans, the review and approval of right of way and conveyance documents, and the processing and administration of this Agreement.

4. Keep an accurate accounting of all DISTRICT construction inspection costs, and within forty-five (45) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section 1.1., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete. If at any time the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amounts, as deemed reasonably necessary - 9 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 12
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by DISTRICT to complete inspection of DISTRICT FACILITIES, within thirty (30) days after receipt of billing from DISTRICT.

5. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.

6. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES upon (i) DISTRICT final inspection of DISTRICT FACILITIES, (ii) DISTRICT receipt of compaction reports documenting that all soil compaction for DISTRICT FACILITIES were accomplished in compliance with DISTRICT standards, (iii) the resolution of outstanding "punch list" items applicable to PROJECT, (iv) DISTRICT acceptance of PROJECT construction as being complete, (v) DISTRICT receipt of stamped and signed 'Record Drawings' of PROJECT plans, as set forth in Section I.8., (vi) recordation of all conveyance documents described in Section I.9., (vii) DISTRICT receipt of all necessary rights of way as described in Section I.IO, (viii) CITY acceptance of APPURTENANCES for ownership, operation, and maintenance, (ix) DISTRICT FACILITIES are fully functioning as a flood control drainage system as solely determined by DISTRICT, and (x) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.

7. Provide CITY with a reproducible duplicate copy of the RECORD DRAWINGS of PROJECT plans within 10 days of receipt.

8. In the event CITY wishes to utilize DISTRICT's construction inspection, and CITY provides DISTRICT with a written request for such services under Section III.I.

DISTRICT shall provide a timely response whether or not they have the resources to perform - 10 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 13
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such services. If DISTRICT wishes to provide such services, DISTRICT shall provide all necessary construction inspection, materials testing and construction survey services for PROJECT and assist CITY as needed with the administration of PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs associated with the inspection of PROJECT construction, as set forth herein.

SECTION III
CITY shall:

1. Conduct final inspection of PROJECT or cause the final inspection of PROJECT by its construction manager, and pay all costs associated therewith. In the event CITY wishes to utilize DISTRICT's construction inspection, CITY shall provide DISTRICT with a written request (Attn: Construction Management) for such services pursuant to Section II.8, above.

2. Upon request by DISTRICT, CITY shall review any requested Irrevocable Offer(s) of Dedication in connection with PROJECT, and accept any such Irrevocable Offers of Dedication on behalf of DISTRICT. In the same action, CITY shall immediately convey the property interest(s) associated with the requested Irrevocable Offer(s) of Dedication to DISTRICT via quitclaim or other similar conveyance document, which shall be prepared by DISTRICT. DISTRICT shall be deemed to have accepted the property interest(s) associated with the requested Irrevocable Offer(s) of Dedication upon the recordation of the conveyance document.

3. Grant DISTRICT, by execution of this Agreement, the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT (including its employees, supervisors, agents, contractors, and anyone else operating under their - 11 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 14
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direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact the public health and safety.

4. Accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES upon (i) CITY inspection of PROJECT in accordance with Section I.7., (ii) CITY and DISTRICT acceptance of PROJECT construction as being complete, (iii) CITY receipt of signed reproducible duplicate copy of 'Record Drawings' of PROJECT plans, as set forth in Section II.7., (iv) CITY acceptance of all rights of way as deemed necessary by DISTRICT and CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES and APPURTENANCES, and (v) CITY's sole determination that PROJECT is in a satisfactorily maintained condition. CITY's acceptance under this section shall not be effective until DISTRICT's acceptance of DISTRICT FACILITIES under Section II, above. As such, until DISTRICT accepts DISTRICT FACILITIES, the ownership and maintenance obligations regarding the APPURTENANCES shall be the sole responsibility of DEVELOPER.

5. Notwithstanding any of the foregoing, prior to accepting ownership of APPURTENANCES, APPURTENANCES shall be in a satisfactorily maintained condition as solely determined by CITY. If, subsequent to the inspection and, in the sole discretion of CITY, APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.

6. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portion of DISTRICT FACILITIES is improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
- 12 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 15
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SECTION IV
It is further mutually agreed by the Parties hereto that:

1. All work involved with PROJECT shall be inspected by DISTRICT and CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with the improvement plans.

2. INDEMNIFICATION OBLIGATIONS:

1. DEVELOPER INDEMNIFICATION OF DISTRICT AND THE
COUNTY OF RIVERSIDE. DEVELOPER shall indemnify and hold harmless DISTRICT and 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 (individually and collectively hereinafter referred to as "DISTRICT INDEMNITEES") from any liability whatsoever, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to DEVELOPER's (including its officers, employees, contractors, subcontractors and agents) actual or alleged acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) liability or damage pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law, ordinance or regulation caused by the diversion of waters from the natural drainage patterns or the discharge of drainage - 13 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 16
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within or from PROJECT; or ( d) any other element of any kind or nature whatsoever arising from the performance of DEVELOPER, its officers, employees, contractors, subcontractors, agents or representatives from this Agreement.

With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, compromise any such claim, proceeding or action without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to DISTRICT INDEMNITEES as set forth herein.
ii. DEVELOPER's indemnification obligations hereunder shall be satisfied when DEVELOPER has provided to DISTRICT and the County of Riverside the appropriate form of dismissal ( or similar document) relieving DISTRICT and the County of Riverside from any liability for the claim, proceeding or action involved. 111. DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall indemnify and hold harmless CITY (including its governing bodies, - 14 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 17
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agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives [ collectively "CITY INDEMNITEES "]) from any liability, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to this Agreement, or DEVELOPER's (including its officers, employees, subcontractors and agents) actual or alleged acts or omissions related to this Agreement, DEVELOPER's performance under this Agreement, or
DEVELOPER's failure to comply with the requirements of this Agreement, including, but not limited to: (a) property damage; (b) bodily injury or death; ( c) liability or damage pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law, ordinance or regulation caused by the diversion of waters from the natural drainage patterns or the discharge of drainage within or from PROJECT; or ( d) any other element of any kind or nature whatsoever.

DEVELOPER shall defend, at its sole expense, including all costs and fees (including but not limited to attorney fees, cost of investigation, defense and settlements or awards), CITY INDEMNITEES with legal counsel reasonably satisfactory to CITY in any claim proceeding or action for which indemnification is required. If DEVELOPER fails to meet its indemnification obligation, CITY shall have the right, but not the obligation, to do so with counsel of their own choosing, with no right of approval by DEVELOPER and, if it does, DEVELOPER shall - 15 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 18
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promptly pay CITY's full cost thereof, with payments made at least on a monthly basis.

DEVELOPER's indemnification obligations as to CITY shall be satisfied when DEVELOPER has provided to CITY a form of dismissal regarding any liability for the claim, proceeding or action involved, and CITY determines that the form of dismissal is adequate in their sole and absolute discretion. Notwithstanding the foregoing, DEVELOPER shall enter into no settlement agreement or final resolution of any pending claim covered under this subsection, without CITY's prior written approval.
1v. Should DISTRICT and CITY fail to agree with the implementation of this section, or if a pending claim pertains to only one of the two Parties, DEVELOPER shall be required to comply with this section as to DISTRICT and CITY individually.
v. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER's obligations to indemnify and hold harmless DISTRICT INDEMNITEES and CITY
INDEMNITEES from third party claims.
v1. In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782. Such interpretation shall not relieve DEVELOPER from indemnifying DISTRICT
INDEMNITEES and CITY INDEMNITEES to the fullest extent
allowed by law.
- 16 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 19
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3. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT, County of Riverside and CITY (including their agencies, districts, special districts and departments, their respective directors, officer, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT, or the County of Riverside, or their officers, agents and employees from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of DISTRICT FACILITIES, after the acceptance of ownership, operation and maintenance of DISTRICT FACILITIES by DISTRICT.

4. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as, in any manner, changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof.

5. This Agreement is to be construed in accordance with the laws of the State of California. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect without being impaired or invalidated in any way.
- 17 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 20
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6. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section

LENNAR HOMES OF CALIFORNIA, LLC
980 Montecity Drive
Corona, CA 92879
Attn: Wiiliam Sacriste

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 925 86
Attn: Public Works Director/City Engineer

7. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

8. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel, as such the authorship of this Agreement shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

Likewise, any uncertainty or ambiguity in this Agreement shall not be construed against CITY because CITY participated in the preparation of this Agreement.

9. The rights, obligations, and releases (including the indemnification obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.

10. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the unanimous written consent of the other Parties hereto being first obtained. In the event of any such transfer or assignment, - 18 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 21
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DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Agreement.

11. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement, and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.

12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

II
II
- 19 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 22
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IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on (to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL :

By _______ _____ _
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:

GREGORY P. PRIAMOS
County Counsel
By _______ _____ _
SARAH K. MOORE
Deputy County Counsel

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By _____________ _
KAREN SPIEGEL , Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:

KECIA HARPER
Clerk of the Board
By _________ ______ _
Deputy
(SEAL)
Cooperative Agreement w/ City of Menifee and Lennar Homes of California, LLC:

Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1
02/16/22
AMR:blm
- 20 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 23
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By ___________ _ By _____________ _

DANIEL PADILLA
City Engineer
APPROVED AS TO FORM:

By ________ ____ _
JEFFREY T. MELCHING
City Attorney
ARMANDO G. VILLA
City Manager
ATTEST:

By _________ ____ _

SARAH MANWARING
City Clerk
(SEAL)
Cooperative Agreement w I City of Menifee and Lennar Homes of California, LLC:

Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1
02/16/22
AMR:blm
- 21 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 24
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LENNAR HOMES OF CALIFORNIA, LLC
a California limited liability company
(as successor-in-interest by conversion to Lennar
Homes of California, Inc.)
By: ~~
Name: ~offi'-':tf C)VYJL-fVl
Title: ✓ l u er.tsi C(Q,Vlf
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement w/ City of Menifee and Lennar Homes of California, LLC:

Salt Creek.- Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1
02/16/22
AMR:blm
- 22 -
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 25
Menifee Mayor and City Council July 20, 2022

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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 R1if'M!\J 1€, }
On f' tbn.1tA\'\,\ \ V I M ;,,?_ before me, ..>..I.CJ~----><----'-'-~~~4-----=-=----'-'--'-'-~ ~'--"u--"-h-'-\-1_& __ J Date
personally appeared eie~ftrej S'roA'n
Name(s) of Signer(s)
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. eeeeeooof
SARAH E. MCLAUGHLIN
Notary Public • Califomla
Riverside County I
Commission If 2383499 -
y Comm. Expires Nov 17, 2025
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: ______ ________ _____ __ Number of Pages : ____ _ Signer(s) Other Than Named Above: _ ________ ___ ______ _ ___ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____ ______ __ _ Signer's Name: ____________ _ □ Corporate Officer - Title(s): ____ __ _ □ Corporate Officer ~ Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other :

Signer is Represent ing: _ _ _______ _ Signer is Representing : _________ _ ~~S@a!Ol~~
©2019 National Notary Association
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 26
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Exhibit A

LEGAL DESCRIPTION
Real Property in the City of Menifee, County of Riverside, State of California, described as follows:

LOT 128 OF TRACT NO. 31582, IN THE CITY OF MENIFEE, COUNlY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 430, PAGES 97 THROUGH 108 OF MAPS, RECORDS OF RIVERSIDE COUNlY, CALIFORNIA.

APN: 333-660-041

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos.31582 and 31582-1

Page 1 of 1 ends

Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 27
Menifee Mayor and City Council July 20, 2022

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94 95
96 97

EXHIBIT B
oq
19 ~I 90
18 ~I 91 I 17

I LOOAA
BLUE
\J2 l3J
28 127 IZii 115 12-J
59 58

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 1 of 1 ends

45 '46 ~
N'
19 48 47
~
26 2.7
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 28
Menifee Mayor and City Council July 20, 2022

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Exhibit C
DISTRICT'S and CITY's Required Insurance are as follows:

Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of the Riverside County Flood Control and Water Conservation District, the County of Riverside, and CITY.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury and cross liability coverage, covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Additionally, Commercial General Liability insurance no less broad than ISO form CG 00 01. Policy shall name DISTRICT and CITY and its agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as additional insureds. Policy's limit of liability shall not be less than $5,000,000 per occurrence combined single limit.

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 1 ends

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Exhibit C
If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. DISTRICT and CITY must be an additional insured for liability arising out of ongoing and completed operations by or on behalf of DEVELOPER. DISTRICT and CITY shall continue to be an additional insured for completed operations for two years after completion of the work. If DEVELOPER maintains higher limits than the specified minimum limits, DISTRICT and CITY require and. shall be entitled to coverage for the higher limits maintained by DEVELOPER.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name DISTRICT and CITY and its agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as additional insureds.

D. Professional Liability:

DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

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Exhibit C
either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy, which shall be reasonably acceptable to DISTRICT and CITY.

E. Pollution and Asbestos Liability:

DEVELOPER or its construction contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering DEVELOPER's or its construction contractor(s) liability for a third party bodily injury and property damage arising from pollution conditions caused by the DEVELOPER or its construction contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT and CITY. The insurance coverage shall also respond to cleanup cost. This coverage may be written in combination with the commercial general liability insurance or professional liability insurance.

DEVELOPER or its construction contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self-insured retention/deductible amount shall be submitted to the DISTRICT and CITY for review and approval. If DEVELOPER or its construction contractor(s) maintains

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

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Exhibit C
broader coverage and/or higher limits than the minimums shown above, the DISTRICT and CITY require and shall be entitled to the broader coverage and/or higher limits maintained by DEVELOPER or its construction contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT and CITY.

In the event, DEVELOPER or its construction contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, DEVELOPER or its construction contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT and CITY in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT, CITY, and DEVELOPER, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT, CITY, and DEVELOPER.

DEVELOPER or its construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).

F. General Insurance Provisions -All Lines:
i. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager and CITY. If the DISTRICT's Risk Manager and CITY waive a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. ii. DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

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Exhibit C
consent of the DISTRICT Risk Manager and CITY before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to DISTRICT or CITY and at the election of CITY or the DISTRICT's Risk Manager, DEVELOPER's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT; or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
m. DEVELOPER shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT and CITY with 1) a properly executed original certificate( s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by CITY or the DISTRICT Risk Manager, provide original certified· copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.

Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to DISTRICT and CITY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
1v. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT and CITY receive, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments COOPERA TrVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

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Exhibit C
.
thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
v. It is understood and agreed by the parties hereto that DEVELOPER's insurance shall be construed as primary insurance, and DISTRICT's and CITY's insurance and/or deductibles and/or self-insured retentions or self insured programs shall not be construed as contributory. v1. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures ( such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT and CITY reserve the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in CITY's or the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by DEVELOPER has become inadequate. v11. DEVELOPER shall pass down the insurance obligations contained herein to all tiers of contractors and subcontractors working under this Agreement. v111. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT and CITY. ix. DEVELOPER agrees to notify DISTRICT and CITY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

DEVELOPER hereby agrees to waive rights of subrogation which any insurer of DEVELOPER may acquire from DEVELOPER by virtue of the payment of any loss.

DEVELOPER agrees to obtain any endorsement that may be necessary to affect this waiver of

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 6 ends

Page 301 of 969 ends

Exhibit C
subrogation, but this provision applies regardless of whether or not the CITY or DISTRICT has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the County of Riverside, CITY, and the Riverside County Flood Control and Water Conservation District for all work performed by the DEVELOPER, its employees, agents, contractors and subcontractors.

The insurance required by this section must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the DEVELOPER must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 7 ends

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EXHIBIT D
< oo·oo+s~ 3NnHol VYi
COOPERATIV E AGREEMENT _
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 1 of 3 ends

.....

Page 303 of 969 ends

EXHIBIT D
:iiiiiiiiiiiiiiiiii)--!l~~-
oo·oo+9l· 3N11Ho1 vn

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 2 of 3 ends

Page 304 of 969 ends

EXHIBIT D

COOPERATIVE AGREEMENT
Salt Creek - Trailhead Drive Storm Drain, Stage 2
Salt Creek - Redwood Street Debris Basin
Project Nos. 4-0-00016 and 4-0-00017
Tract Map Nos. 31582 and 31582-1

Page 3 of 3 ends

24" RCP
Item Title: 10.9
Agreement with Riverside County Flood Control and Water Conservation District and Lennar Homes of California, LLC for the Salt Creek Trailhead Drive Storm Drain, Stage 2
Item Page Number: 38
Menifee Mayor and City Council July 20, 2022

Page 305 of 969 ends

CITY OF MENIFEE
SUBJECT: Agreement with Riverside County for the Transfer of Land MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager or his designee to execute the transfer agreement with Riverside County for the 2.32 acres of land located at 28798 La Piedra Road, Menifee, CA 92584.

DISCUSSION
Riverside County welcomed the newest facility in their library system with the opening of the Menifee Library located at 28798 La Piedra Road on July 17, 2021. The new facility is comprised of a 20,000 square foot single story library on a 4.73 acre parcel of land. With just over 2 acres of vacant land remaining on the property, City staff inquired on potential future uses and discovered that Riverside County had no intended use for the remainder of the property.

Upon learning the vacant property did not have a designated purpose, and foreseeing its potential use for recreational purposes, City staff worked with the Finance Department to begin the Request for Quote (RFQ) Short-List Request process to solicit proposals for a conceptual design for a possible Community Center utilizing the Engineering On-Call list for Design Services. The Finance Department received four responses and after reviewing the proposals, staff selected HMC Architects for the project.

In September 2021, City staff met with Riverside County staff and Supervisor Hewitt to discuss the potential for acquiring the vacant land adjacent to the Menifee Library as a future site for a Community Center that would complement already existing amenities within the vicinity of the property. City staff continued to work with County Real Estate staff regarding the transfer of the vacant land, ultimately leading to the Riverside County Board of Supervisors, during the June 28, 2022 meeting, adopting a resolution declaring the Notice of Intent to Convey the portion of the property to the City of Menifee.

Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 1
Menifee Mayor and City Council July 20, 2022

Page 306 of 969 ends

City of Menifee Staff Report
Riverside County Transfer Agreement
July 20, 2022

Page 2 of 2 ends

1 0
4 0
If the City Council approves this transfer agreement, the agreement would be presented to the Riverside County Board of Supervisors for consideration of approval during an upcoming coming meeting anticipated for August 2022. Upon approval of the transfer agreement, Community Services staff would work with the Community Development and Public Works Departments to subdivide the current parcel. Community Services staff would work in collaboration with the Finance Department, to issue a Request for Proposal (RFP) to select an architecture firm to complete the full design, engineering, and architectural services. Once concluded, results would be presented to the Parks, Recreation, and Trails Commission for recommendations to the City Council. During the design process, Community Services staff would continue to work with Finance and the City Executive Office to develop funding strategies to determine the best route to fund construction of the Community Center.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
There is no fiscal impact for the recommended action of approving and authorizing the transfer of the property to the City of Menifee. The transfer of the property would not require payment to the County in exchange for the property. Additionally, since the parcel would remain vacant until construction commences, the Community Services Department will absorb the cost of bi-annual weed abatement and regular litter abatement in an amount estimated at $5,000 as a part of the park maintenance contract in account no. 100-4663-52608.

As part of the fiscal year 2021/22 mid-year budget update, $1,000,000 was allocated from reserves to CS048: Community Center/Recreation Center Project in account no. 100-4583 and an additional allocation of $263,000 from the Development Impact Fee Citywide – Public Use & Community Facilities (Fund 520) had been budgeted. A portion of the amounts allocated could be used to initiate the design, engineering, and architectural services for a community center on the La Piedra property and would be brought to the City Council for consideration at a future meeting, following completion of a competitive RFP process.

ATTACHMENTS

1. Transfer Agreement

2. Menifee Community Center Conceptual Design
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 2
Menifee Mayor and City Council July 20, 2022

Page 307 of 969 ends

1 TRANSFER AGREEMENT

BY AND BETWEEN

THE COUNTY OF RIVERSIDE
AND

THE CITY OF MENIFEE

This TRANSFER AGREEMENT (“Agreement”) is made and effective on ___________________, 2022 (“Effective Date”) by and between t he County of Riverside (“COUNTY”), a political subdivision of the State of Cal ifornia, and the City of Menifee (“CITY”), a California municipal corporation. COUNTY and CITY may sometimes hereinafter collectively be referred to as the “PARTIES”.

RECITALS

WHEREAS, the COUNTY is the owner of a vacant property consisting of approximately 2.32 acres adjacent to the Menifee Library located at 28798 La Piedra Road, Menifee, CA 92584, identified as a portion of Assessor’s Parcel Number 364-152- 034, as more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and made apart hereof, located in the City of Menifee, State o f California (the “Property”);

WHEREAS, pursuant to Government Code section 25365, the County may transfer real property, or any interest therein, belonging to the County to a city upon the terms and conditions as agreed upon and without complying with any other provisions of the California G overnment Code, if the property or interest therein to be conveyed is not required for County use;

WHEREAS, the Board of Supervisors of the County of Riverside has determined the Property is not required for use by the COUNTY;

WHEREAS, t he COUNTY and CITY desire to enter into this Agreement to provide the terms and conditions for the conveyance of the Property from the COUNTY to the CITY; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the PARTIES hereby agree as follows:

AGREEMENT

1. Transfer of the Property. Within sixty (60) days of full execution of this Agreement, and for the c onsideration described herein, COUNTY shall convey and transfer to CITY the fee title to the Propert y substantially in the form of the Quitclaim Deed (“Deed”) attached hereto as Exhibit “C” and by this reference incorporated herein.

The transfer of the Property (“Transfer”) shall be consummated pursuant to the terms and conditions of this Agreement.

Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 3
Menifee Mayor and City Council July 20, 2022

Page 308 of 969 ends

2 2. PROPERTY TRANSFERED IN “AS-IS” CONDITION.

2.1 CITY acknowledges that the Propert y is being transferred in its "as-is" condition, as of the date of t his Agreement, without warranty, and that COUNTY is not responsible for making corrections or repairs of any nature to the Property. CITY further acknowledges that COUNTY has made no representations or warranties regarding the Property, including, but not limited to, the following:

A. Property lines and boundaries;
B. Square footage, and lot size;
C. Type, size, adequacy, capacity, and condition of sewer systems and components;
D. Possible absence of required governmental permits, inspections, certificates, or other determinations affecting the Property; E. Limitations, restrictions, and requirements affecting the use of the Property, future development, zoning, building, and size; F. Governmental restrictions which may limit the amount of rent that can lawfully be charged a nd/or t he maximum number of persons who can lawfully occupy the Property;
G. Water and utility availability and use restrictions; H. Potential environmental hazards, including asbestos, formaldehyde, radon, methane, other gases, lead- based paint, other lead contamination, fuel or chemic al storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions;
I. Neighborhood or area con ditions, including schools, pr oximity and adequacy of law enforcement, proximit y to co mmercial, industrial, or agricultural activities, crime statistics, fire protection, other governmental services, existing and proposed transportation, construction, and development which may affect n oise, view, or traffic, airport noise, noise or o dor fro m any source, wild and domestic animals, or other nuisances, hazards, or circumstances; J. Geologic/seismic conditions, soil and terrain stability, suitability, and drainage; and
K. Conditions and influence s of significan ce to certain cultures and/or religions, and personal needs, requirements, and preferences of CITY.

2.2 CITY represents and warrants to COUNTY that CITY and/or CITY 's representatives and employees have made thei r own independent inspections, investigations, tests, surveys, and other studies of th e Property and agrees to accept the Property in their "as-is" condition.

3. Closing Date. This transaction set forth in this Agreement shall c lose when the Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 4
Menifee Mayor and City Council July 20, 2022

Page 309 of 969 ends

3 PARTIES have tim ely performed their res pective obligations within Sixty (60) days following the full approval and execution of this Agreement (“Closing Date”).

4. COUNTY’s Obligations and Conditions Precedent to Close of this Transaction. For the benef it of the CITY , the Transfer shall be conditioned upon the timely performance by COUNTY of all obligations that are required , by the terms of this Agreement, to be satisfied by COUNTY in order for the Transfer to take place.

5. CITY’s Obligations and Conditions Precedent to Close of this Transa ction.

For the benefit of CO UNTY, the Transfer shall be conditioned upon the timely performance by CITY of all obligations that are required, by the terms of this Agreement, to be satisfied by CITY in order for the Transfer to take place.

6. Mutual Obligations. The terms and conditions of this Agreement are part of the consideration and material to the Transfer of the Property. The PARTIES shall be due the benefit of the consideration and rights created herein until suc h time full performance of the all the obligations is complete.

7. Cooperation. T he PARTIES agree to cooperate with each other in the implementation of this Agreement and perform any and all acts necessary to carry out the intent of the Transfer. Without limiting the foregoing, the PARTIES agree to provide necessary appr ovals, and execute, acknowl edge, and deliver any and all additional papers, documents and other assurances as may be necessary to carry out the intent of the Agreement. The PARTIES intend that execution and delivery of the Deed by the COUNTY to the CITY will occur within the times described in Section 3 herein and after the PARTIES have performed all the necessary activities to proceed with the Transfer, including having obtained authorization from their respective governing bodies.

8. Notice. Any notice t o be given or other document(s) to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of Califor nia, duly registered or certified, with postage prepaid, and addressed as follows:

If to the COUNTY:

County of Riverside
Facilities Management
Deputy Director of Real Estate
3450 14
th Street, Suite 200
Riverside, CA. 92501

If to the CITY:

City of Menifee
Deputy City Engineer
29844 Haun Road
Menifee, CA 92586

9. Conflict of Interest. No mem ber, official or employee of the COUNTY or the CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her pers onal interests or the interest of any corporation, partnership Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 5
Menifee Mayor and City Council July 20, 2022

Page 310 of 969 ends

4 or association in which he or she is directly or indirectly interested.

10. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole interests and benefit of the PARTIES hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

11. Assignment. This Agreement shall not be assigned by either Party, either in whole or in part, without the prior wri tten consent of the non- assigning Party. Any assignment or purported assignment of this Agreement without the prior written consent of the non-assigning Party will be deemed void and of no force or effect.

12. Governing Law a nd Jurisdiction. The PARTIES agree that in the exercise of this Agreement, the PARTIES shall comply with all applicable federal, state, county and local laws, and regulations in connection wi th this transaction. The existence, validity, construction, operation and effect of this Agre ement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Any action at law or in equity brought by either of the PARTIES hereto for the purpose of enforcing a right or rights provided for by thi s Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the PARTIES hereby waive all pr ovisions of law providi ng for a change of venue in such proceedings to any other county.

13. Paragraph Titles. The paragraph titles of this Agreement are (i) inserted only for the convenience of the PARTIES, (ii) are not intended to describe, define, limit, or otherwise affect the provisions in the portions of the Agreement to which they pertain, and (iii) in no w ay describe, define, limit, or otherwise affect the scope or intent of this Agreement or in any way affect the agreement of the PARTIES set o ut in this Agreement.

14. Ambiguities. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule o f construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement.

15. Entire Agreement. This Agreement embodies the entire agreement between the PARTIES hereto in relation to the subject matter hereof, and no other agreement or understanding, verbal or otherwise, relative to this su bject matter exists between the PARTIES at the time of execution of this Agreement . This Agreement may only be modified or amended by the mutual consent of the PARTIES in writing.

16. Authority t o Execute. The individuals executing this Agreement and the instruments referenced herein each repr esent and warrant that they have the legal power, right and actual authority to bind their respective PARTIES to th e terms and conditions hereof and thereof.

17. Counterparts. The PARTIES may execute duplicate originals (counterparts) of Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 6
Menifee Mayor and City Council July 20, 2022

Page 311 of 969 ends

5 the Agreement or any other documents that they are required to sign or furnish pursuant to the Agreement.

18. Survival. The rights and obligations created by this Agreement shall survive the consummation of transfer of the Property until full performance of the respective obligations under this Agreement have been performed by the PARTIES.

[Signature Provisions on Following Page]
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 7
Menifee Mayor and City Council July 20, 2022

Page 312 of 969 ends

6 19. This Agreement will be null and void if not duly approved and executed by both PARTIES.

IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the date and year first written above.

COUNTY OF RIVERSIDE, a CITY OF MENIFEE, a
political subdivision of the State of California municipal corporation California

By: ________________________ By: ______________________ Jeff Hewitt, Chair City Manager
Board of Supervisors

ATTEST: ATTEST:

CLERK OF THE BOARD ACTING CITY CLERK
Kecia R. Harper Stephanie Roseen

By: _______________________ By: _______________________ Deputy

APPROVED AS TO FORM: APPROVED AS TO FORM:

County Counsel

By: _________________________ By: ________________________ Deputy County Counsel Jeffrey T. Melching, City Attorney

DC:sc/05052022/415FM/30.733

Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 8
Menifee Mayor and City Council July 20, 2022

Page 313 of 969 ends

EXHIBIT “A and B”

LEGAL DESCRIPTION AND PLAT MAP OF PROPERTY

[attached behind this page]
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 9
Menifee Mayor and City Council July 20, 2022

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Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 10
Menifee Mayor and City Council July 20, 2022

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Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 11
Menifee Mayor and City Council July 20, 2022

Page 316 of 969 ends

Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 12
Menifee Mayor and City Council July 20, 2022

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EXHIBIT “C”

QUITCLAIM DEED

Recorded at request of and return to:

City of Menifee
Deputy City Engineer
29844 Haun Road
Menifee, CA 92586

FREE RECORDING
This instrument is for the benefit of
the City of Menifee, and is
entitled to be recorded without fee.
(Govt. Code 6103)

(Space above this line reserved for Recorder's use)
PROJECT: City of Menifee
APN(s): A Portion of 364-152-034

QUITCLAIM DEED

FOR GOOD AND VALUABLE CO NSIDERATION, receipt and adequacy of which are hereby acknowledged,

COUNTY OF RIVERSIDE, a political subdivision of the State of California,

does hereby remise, release and forever quitclaim to the CITY OF M ENIFEE, a municipal corporation, the fee simple interest in real property in the County of Riverside, State of California, as more particularly described as:

See Exhibit "A and B” attached hereto
and made a part hereof

Dated: ___________________________ GRANTOR:

COUNTY OF RIVERSIDE, a political
subdivision of the State of California

By: _____________________________
Jeff Hewitt, Chair
Board of Supervisors
ATTEST:

Kecia R. Harper
Clerk of the Board

By: ____________________________

City of Menifee
Certificate of Acceptance
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 13
Menifee Mayor and City Council July 20, 2022

Page 318 of 969 ends

Conceptual View from Southeast
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 14
Menifee Mayor and City Council July 20, 2022

Page 319 of 969 ends

COMMUNITY CENTER
Library Analysis - Drawing Inspiration
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 15
Menifee Mayor and City Council July 20, 2022

Page 320 of 969 ends

Conceptual View from Event Lawn
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 16
Menifee Mayor and City Council July 20, 2022

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Site Concept - with Parking
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 17
Menifee Mayor and City Council July 20, 2022

Page 322 of 969 ends

Community Center - Menifee’s Front Porch

MENIFEE

COMMUNITY
CENTER

COMMUNITY

ORGANIZATIONS

BUSINESSES

SCHOOL GROUPS

CLUBS SPECIAL EVENTS

AND WEDDINGS

COMMUNITY

GATHERINGS

COMMUNITY

GATHERINGS

CHARITY
EVENTS
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 18
Menifee Mayor and City Council July 20, 2022

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BOOKEND LAYOUT
QUADS1

BOOKEND LAYOUT

QQQQQUUUUUUUUUUUAAAAAAAAAAAA

OKEND LAYOUT
ADS

INDOOR/OUTDOOR PORCH CONNECTION

INDOOR / OUTDOOR CONNECTION TO POCKET GARDEN

DDND LA

LAYOUT OPTION
"GREAT ROOM" 1
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 19
Menifee Mayor and City Council July 20, 2022

Page 324 of 969 ends

INDOOR/OUTDOOR PORCH CONNECTION

INDOOR / OUTDOOR

CONNECTION TO POCKET
GARDEN

INDOOR/OUTDOOR PORCH CONNECTION

LAYOUT OPTION
"BOOKEND QUADS"2
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 20
Menifee Mayor and City Council July 20, 2022

Page 325 of 969 ends

Conceptual View from Porch
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 21
Menifee Mayor and City Council July 20, 2022

Page 326 of 969 ends

Conceptual View from Interior
Item Title: 10.10
Agreement with Riverside County for the Transfer of Land Item Page Number: 22
Menifee Mayor and City Council July 20, 2022

Page 327 of 969 ends

CITY OF MENIFEE
SUBJECT: Agreement with JPW Communications, LLC for Menifee Matters Magazine
MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Senior Management Analyst
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a professional services agreement with JPW Communications, LLC for fiscal year 2022/23 Menifee Matters development and publication services in an amount not-to-exceed $49,600.

DISCUSSION
The Menifee Matters publication is a citywide newsletter designed to keep the community informed about the operations, programs, and activities of the City. Mailed to Menifee residents four times a year, the approximately 20-page newsletter provides comprehensive information on everything from upcoming community clean-up events to new infrastructure projects that are underway.

The Communications Division, under the direction of the Public Information and Legislative Affairs Officer, in collaboration with various departments, work together with the professional media consultant, JPW Communications (JPW), to prepare and publish Menifee Matters on a quarterly basis. Following completion of a competitive request for proposals process in the spring of 2018, JPW was selected to produce the Menifee Matters publication. Since that time, JPW has provided excellent service with respect to the development of the Menifee Matters publication. Given their experience and understanding of the City’s needs in association with the production of this important publication, staff recommend continuing to work with JPW to produce the Menifee Matters magazine in fiscal year 2022/23. Under the terms of this agreement, JPW will continue to produce the Menifee Matters magazine at the same rate provided in the prior fiscal year with no increase in cost.

Item Title: 10.11
Agreement with JPW Communications, LLC for Menifee Matters Magazine Item Page Number: 1
Menifee Mayor and City Council July 20, 2022

Page 328 of 969 ends

City of Menifee Staff Report
Agreement with JPW Communications, LLC, for Menifee Matters Magazine July 20, 2022

Page 2 of 2 ends

1 0
3 3

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The fiscal impact of the professional services agreement with JPW is $49,600. Associated costs have been included as part of the adopted fiscal year 2022/23 budget, within the City Executive Office, Communications Division under account no. 100-4121-52800 (Professional Services).

ATTACHMENTS

1. Agreement
Item Title: 10.11
Agreement with JPW Communications, LLC for Menifee Matters Magazine Item Page Number: 2
Menifee Mayor and City Council July 20, 2022

Page 329 of 969 ends

2671/031858-0001
7630421.2 a04/06/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY22/23 MENIFEE MATTERS: DEVELOPMENT & PUBLICATION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and JPW COMMUNICATIONS, LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Item Title: 10.11
Agreement with JPW Communications, LLC for Menifee Matters Magazine Item Page Number: 3
Menifee Mayor and City Council July 20, 2022

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2671/031858-0001
7630421.2 a04/06/22 -2-4
5 1
9 2

1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FORTY NINE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($49,600.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.11
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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

FY22/23 MENIFEE MATTERS: DEVELOPMENT & PUBLICATION SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

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insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.11
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jennifer L. Windle, Founder & President (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Phil Southhard, Public Information and Legislative Affairs Officer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

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JPW COMMUNICATIONS, LLC
Attn: Jennifer L. Windle, Founder & President
2710 LOKER AVE W. SUITE 300
CARLSBAD, CA 92010
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Phil Southhard, Public Information and Legislative Affairs Officer with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Jennifer Windle, President & Managing
Member

Annie Pierce, Senior Marketing &
Communications Director

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Comprehensive content development and coordination efforts related to the Menifee Matter citywide publication in the amount not to exceed FORTY NINE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($49,600.00) as further detailed in the following page(s).

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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Document and Microfilm Conversion for City-wide Document Scanning Services
MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Acting City Clerk
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute amendment no. 3 to professional services agreement with Document and Microfilm Conversion (DMC) for city-wide document scanning consulting services in a not-to-exceed amount of $175,000.

DISCUSSION
Background
Following completion of a competitive Request for Proposals (RFP) procurement process, in April of 2019 the City Council approved an agreement and authorized the City Manager to execute three, one-year amendments with DMC for city-wide document scanning and consulting services in an amount not-to-exceed $100,000 per year. Staff has worked with DMC since 2019 to digitize records.

City staff has been working towards centralizing all City records into an electronic format to help significantly reduce costs associated with the City’s off-site storage facility, DocuTrust. With the lack of storage space for this growing City each department has been diligently working on packing and storing boxes with DocuTrust, which increases the City’s cost. Once records have been properly scanned and quality checked the need to retain the current volume of records in an off-site facility would be reduced significantly.

Fiscal Year 2022/23
This fiscal year the City Clerk, Building and Safety, and Community Development Departments have allocated funds within their respective fiscal year 2022/23 operating budgets to assist with the document scanning needs. With the addition of the Building and Safety and Community Development Departments’ allocation, the proposed amendment amount would increase to a not- to-exceed amount of $175,000. The City Clerk Department will continue to assist and coordinate Item Title: 10.12
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with all departments, city-wide, in a continued effort to increase public transparency and access to the City’s records online.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government; Section 5.6.2 The objective of the agreement with DMC is to be able to scan high volumes of paper quickly, accurately, and efficiently into the City’s current records repository, Laserfiche. These efforts to maintain and organize the City’s records online would help to improve customer service by increasing public transparency and access to public records.

FISCAL IMPACT
The total cost, $175,000, would be funded from available funds within the fiscal year 2022/23 budget within the accounts outlined in Table 1 below. No additional budget appropriation would be required.

TABLE 1 – Available Funding
Account Number Department Budgeted Amount
100-4331-52800 Building and Safety $40,000
100-4660-52800 Community Development $35,000
100-4113-52800 City Clerk $100,000
TOTAL $175,000

ATTACHMENTS

1. Original Agreement – DMC

2. Amendment No. 1 – DMC

3. Amendment No. 2 – DMC

4. Amendment No. 3 – DMC
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFE: FY18/ 19 AS- NEEDED DOCUMENT SCANNING,

INDEXING, AND QUALITY CONTROL SERVICES

BUILDING& SAFETY DEPARTMENT)
THIS PROFESSIONAL SERVICES AGREEMENT(" Agreement") is made and effective this_,_,? Mday of_ Apri(_, 2019(" Effective Date") by andbetween the CITY OF MENIFEE, a California municipal corporation, (" City") and DOCUMENT & MICROFILM CONVERSION ( DMC), a California Corporation (" Consultant"). City and Consultant may sometimes herein be referred to individually asa" Party" and collectively as the" Parties." SECTION 1. SERVICES.

Subject to the terms and conditions setforth in this Agreement, Consultant shall provide to City the services described in the Scope of Services,attachedhereto asExhibit A and incorporated herein by this reference ( the " Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator ( as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1. 1 Term of Services. The term of this Agreement shall begin on April 3, 2019 and shall end on April 3, 2020 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City' s right to terminate this Agreement, as provided for in Section 8.

1. 2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first classwork and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1. 3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desiresthe reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1. 4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant' s obligations hereunder.
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1. 5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($ 100,000.00) notwithstanding any contrary indications that may be contained in Consultant' s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in themannersetforth herein. Thepaymentsspecifiedbelowshallbetheonly paymentsfrom City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advanceby City, Consultant shall not bill City for duplicate services performed by more than one person.

2. 1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to theinvoice date. Invoicesshallcontainthefollowing information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending datesof the billing period; C. A" Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City' s option, for each item in each task, a copy of the applicable time entries or time sheetsshall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessaryto complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative' s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
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29844 Haun Road
Menifee, CA 92586

2. 2 Monthly Payment. City shallmakemonthlypayments,basedon invoicesreceived, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty( 30) days from the receipt of aninvoice that complies with all of the requirements above to pay Consultant.

2. 3 Final Payment. City shall pay the last five percent( 5%) of the total amount due pursuant to this Agreement within sixty( 60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2. 4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Servicesperformedpursuantto this Agreement,unlessthis Agreementis modified in writing prior to the submission of such an invoice.

2. 5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2. 6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2. 7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or statetaxes.

2. 8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred. for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expensesincurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessaryto perform the services required by this Agreement. City shall make available to Consultant only physical facilities such asdesks,filing cabinets, and conference space, as may be reasonably necessaryfor Consultant' s usewhile consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procurethe types and amountsof insurancecheckedbelow and provide Certificatesof Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant' s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor( s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter- insured suits between City and other Insureds.

4. 1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($ 1,000,000.00) per accident, ONE MILLION DOLLARS ($ 1,000,000.00) diseaseper employee, and ONE MILLION DOLLARS ($ 1,000,000.00) diseaseper policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4. 2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($ 1,000,000.00) per occurrence, combined single limit coverage, for risks associatedwith the Services contemplated by this Agreement, TWO MILLION DOLLARS ($ 2, 000, 000. 00) general aggregate, and TWO MILLION DOLLARS ($ 2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregatelimit is used, either the general aggregatelimit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damageto propertyresultingfrom theServicescontemplatedunderthis Agreement, includingthe use of hired, owned, and non- owned automobiles.
b. Minimum scope ofcoverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 2671/ 031858- 0001
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Automobile coverage shall be at least asbroad as Insurance Services Office Automobile Liability form CA 0001Code2, 8, and9. No endorsementshallbeattachedlimiting thecoverage.

C. Additional requirements. Each of the following shall be included in the insurancecoverageor addedasa certified endorsementto thepolicy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims- made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverageprovided to City and its officers, employees, agents, and volunteers.

4. 3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($ 1,000,000) covering the licensed professionals' errors and omissions.

C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedesthe Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five ( 5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: ( 1) renewal of the existing policy; ( 2) an extendedreporting period endorsement; or ( 3) replacement insurance with a retroactive date no later than the commencement of the Servicesunder this Agreement. City shall have the right to exercise, at Consultant' s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 2671/ 031858- 0001
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4. 4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A: VII and admitted in California. b. Verification of coverag . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured statuscomplete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CITY OF MENIFE: FY18/ 19 AS- NEEDED DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES ( BUILDING & SAFETY DEPARTMENT). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

C. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten( 10) working days if: ( 1) any of the required insurance policiesis terminated;(2) thelimits of anyof therequiredpolicesarereduced;or( 3) thedeductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured's generalsupervisionof Consultant; productsandcompletedoperationsof Consultant, as applicable; premisesowned, occupied, or usedby Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers,employees,agents,or authorizedvolunteers. Theinsuranceprovidedto City as an additional insured must apply on a primary and non-contributory basis with respect to any insuranceor self-insuranceprogrammaintainedby City. Additional insuredstatusshall continue for one (1) yearaftertheexpirationorterminationof thisAgreementor completionof theServices.

A certified endorsement must be attached to all policies stating that coverage is primary insurancewith respectto City andits officers, officials, employees, andvolunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self- insured Retentions. Consultant shall obtain the written approvalof City for theself-insuredretentionsanddeductiblesbeforebeginninganyof the Services.

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Contract Administrator may condition approval of an increase in deductible or self-insured retentionlevelswith arequirementthatConsultantprocureabondguaranteeingpaymentof losses and relatedinvestigations, claim administration, and defenseexpensesthat is satisfactoryin all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope,limits, and forms of such insurance are either not commercially available, or that City' s interests are otherwise fully protected.

4. 5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsementsto the extent and within the time herein required, City may, at its soleoption, exerciseany of the following remedies,which arealternativesto otherremediesCity mayhaveandarenottheexclusiveremedy for Consultant' s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstratescompliance with the requirements hereof, and/or C. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5. 1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend( with counsel selectedby City), andhold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind ( including reasonable consultant and expert fees and expensesof investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment ( collectively, Claims") to the extent sameare causedin whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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indemnify, protect, defend (with counselselectedby City), andhold harmlessCity, andanyand all of its officers, employees, officials, volunteers, and agentsfrom and against any and all Claims, where the samearise out of, are a consequenceof, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5. 3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City' s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6. 1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agentsis in any manner officers, officials, employees, or agentsof City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the feespaid to Consultant asprovided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunderfor City. City shallnotbeliable for compensationor indemnificationto Consultantfor injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractorsproviding servicesunderthis Agreementshall not qualify for or becomeentitled to any compensation, benefit, or any incident of employmentby City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (" PERS") as an employee of City and entitlement to any contribution to be paid by City for employercontributionsand/or employeecontributionsfor PERSbenefits.

SECTION 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow anypersonto perform the Servicesrequiredunderthis Agreementunlesssuchpersonis properly documented and legally entitled to be employed within the United States. Any and all work subjectto prevailingwages,asdeterminedby theDirectorof IndustrialRelationsof theState of California, will be the minimum paid to all laborers, including Consultant's employeeand subcontractors. It is understood that it is the responsibility of Consultant to determine the correct 2671/ 031858- 0001
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scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (" DIR") pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703- 4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and securelocation at all times, and readily available at City' s request. Consultantshall indemnify, defend, andhold City andits electedandappointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or relatedto (i) the noncomplianceby Consultantor any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws ( including, without limitation, the requirement to pay state prevailing wages and hire apprentices); ( ii) the implementation of Section 1781 of the Labor Code, asthe samemay be amendedfrom time to time, or any other similar law; and/or ( iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification asrequired by Labor Code Section 1781, asthe samemay be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works ( as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, asthe samemay be amended from time to time, and/ or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the sameof all subcontractors.

7. 3 Licenses and Permits. Consultant representsand warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

SECTION 8. TERMINATION AND MODIFICATION.

8. 1 Termination. City may cancel this Agreement at any time and without causeupon written notification to Consultant.

8. 2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City.

8. 3 Consequences of Termination_ In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computersoftware,video andaudiotapes, andothermaterialsprovided to Consultant or prepared by or for Consultant or City in connection with this Agreement. 2671/ 031858- 0001
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8. 4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for anyotherwisereimbursableexpensesincurredduringtheextensionperiod.

8. 5 Amendments, The Parties may amend this Agreement only by a writing signed by all the Parties.

8. 6 AssignmentandSubcontracting. City andConsultantrecognizeandagreethatthis Agreement contemplates personal performance by Consultant and is basedupon a determination of Consultant's uniquepersonalcompetence, experience, and specializedpersonalknowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competenceof Consultant. Consultant may not assignthis Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant' s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant' s employ, Consultant shall notify City immediately.

8. 7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8. 8 OptionsuponBreachby Consultant. If Consultantmateriallybreachesanyof the terms of this Agreement, City' s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; C. Retain a different consultant to complete the Services described in Exhibit A; and/ or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9. 1 Records Created as Part of Consultant' s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 2671/ 031859- 0001
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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agreesto deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above,preparedpursuant to this Agreement areprepared specifically for City and arenot necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agreethat, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9. 2 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use,modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor preparesunder this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.

9. 3 Consultant' s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceledchecks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three( 3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall bemaintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9. 4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expendedunder this Agreement exceeds TEN THOUSAND DOLLARS ($ 10, 000. 00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three( 3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10. 1 Attorneys' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and expensesincluding costs, in addition to 2671/ 031858- 0001
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any other relief to which that Party may be entitled; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separateaction brought for that purpose.

10. 2 Applicable Law: Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10. 3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10. 4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10. 5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10. 6 Successorsand Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successorsand assignsof the Parties.

10. 7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Mike McCluskey, President (" Consultant' s Representative"). The Consultant' s Representative shall have full authority to representandact on behalf of Consultant for all purposes under this Agreement. The Consultant' s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10. 8 City Contract Administration. This Agreement shall be administered by a City employee, Sarah Manwaring, City Clerk(" Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10. 9 Notices. Any written notice to Consultant shall be sent to:

DOCUMENT& MICROFILM CONVERSION ( DMC)
Attn: Mike McCluskey, President
1499 Pomona, Unit C
Corona, CA 92882
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Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: SarahManwaring, City Clerk
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10. 10 Professional Seal. Where applicable in the determination of the Contract Administrator,thefirst pageof atechnicalreport,first pageof designspecifications,andeachpage of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in ablock entitled" Seal and Signature of Registered Professional with report/ design responsibility," as in the following example.

Seal and Signature of Registered Professional with
report/designreport/design responsibility.

10. 11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative andthe exerciseby eitherPartyof one or moreof suchrights or remediesshallnot precludethe exerciseby it, at the sameor different times, of anyotherrights or remediesfor thesamedefault or any other default by the other Party.

10. 12 Integration, This Agreement, includingthe scopeof servicesattachedheretoand incorporated herein asExhibit A, represents the entire and integrated agreementbetween City and Consultant and supersedesall prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreementor anyotherrule of constructionwhich might otherwiseapply.

10.13 Counterparts. This Agreementmaybe executedin multiple counterparts, eachof which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The personsexecuting this Agreement on behalf of eachof thePartiesheretorepresentandwarrantthat(i) suchPartyis duly organizedandexisting, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, ( iii) by so executingthis Agreement, suchParty is formally boundto theprovisionsof this Agreement, and iv) that enteringinto this Agreementdoesnot violate any provision of any otherAgreementto which said Party is bound.
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10.15 Nondiscrimination. Consultant covenantsthat, by and for itself, its heirs, executors, assigns,and all personsclaiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10. 16 No Tlilyd Party Belieficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successorin interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10. 18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted asaresult of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreementor sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.

Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE CONSU T T
Bill Zimmer6dn, Wyor Mike McCluskey, Presider
tt t:
anwaring, City Clerk Ll 072
Debi McCluskey, COO
r= P1L2 IX2
Ap . roved as to F rm:

Note: 2 officer' s signatures required if
Consultant is a corporation, unless provided
3efrrey T. Me ehing, City Attorney with a certificate of secretary in-lieu] 2671/ 031858- 0001
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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide comprehensive As- Needed Document Scanning, Indexing, & Quality Control Services ( BUILDING & SAFETY DEPARTMENT) per the scope of work and rate schedule detailed within the following pages. Total compensation for services shall be in the not- to- exceed amount of One Hundred Thousand Dollars ($ 100, 000. 00), without formal written amendment( s).
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Task 1 - Comprehensive Document Scanning it Indexing Services Some of the file types to be scanned will consist of:

Building Plans
Planning Case and Project Files
Engineering Plans and Project Files
Capital Improvement Projects
Specialized Studies and Reports
Plan Rolls, Folded Maps and Mylar Maps
File types may contain flat and folded documents of varying sizes and plan rolls will vary in size from under an inch to 12" or more in diameter. Proposers may assume all paper records are in satisfactory condition. Letter, legal and ledger sized documents are primarily printed on standard white office paper ( approximately 20 lb); ANSI-C and above sized documents may be printed on paper, Mylar, blueprints, sepia, or vellum and must be organized by project as directed by the City.

THE FOLLOWING CRITERIA MUST BE MET:

A. Laserfiche:

Ability to scan content directly and seamlessly into Laserfiche using an upload utility - must have a tool that directly uploads content to Laserfiche including the ability to file directly into established folders and ability to add required meta data.

B. Ability to Scan:
a. Manila folder - content in file folders
b. Legal documents
c. Letters
d. Carbon copies
e. Photo exhibits
f. Spiral bound books
g. Tabbed paper
h. All ANSI sized documents
C. Images:
a. Duplex scan documents to capture both front and back of documents where needed.

Images must be oriented correctly for viewing. Text must be readable up to the edge of the document.
b. Image clean- up: the scanned documents should be de- skewed, de- speckled, blank pages and black borders removed, hole punch images removed and background color drop out ( where possible). Color images must be viewable quality so that detail in the image is captured.
c. For the purposes of this RFP, Proposer is invited to offer suggestions on how best to scan color photos to maintain the quality and detail of an image while striving to reduce size of the electronic image.

D. OCR all content with guarantee of 99. 5% accuracy on images and ability for 600 dpi images. 2671/ 031858- 0001
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E. Quality checking images scanned:
a. Visual inspection of each image against the original, rescanning documents as needed
b. Manual image quality adjustment and QA of every image for clarity, legibility, quality, cut- offs or file type compression errors
c. Images are of the same or better quality than the original d. Ensure all images are accurately indexed
e. All documents are to be scanned and returned in the same order as provided f. All folders within the XML file should appear in the same order as they exist in paper g. The City may perform a QAof each image and associated indexing delivered by the vendor; if the City discovers unacceptable images, the Vendor, at no additional cost to the City, will correct all such unacceptable images
F. Data entry of index fields following Laserfiche Templates. Fields change depending on document scanned. City will provide detailed instructions.

G. Quality checking index data.

H. Perform rework on errors or omissions with no additional charge.

I. Warranty period of 6 months against defects.

J. Records must be saved in PDFA format.

K. Any and all City documentsin the possessionof the Proposermust be stored in a climate controlled safe and secure location. The City must have access to all City documents in the Proposer'spossessionuponrequest, with a hardcopyor electronicfile providedwithin 24hours. 2671/ 031858- 0001
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Price Schedule
Year 1: Year 2: Year 3:

Task aesrfiptiDn Per Sheet ! Per Sheet Per Sheet i
I
f. Cost
Business Size Documents @ 600dpl; Includes document sizes $ 0. 28 0. 34 0. 43 up to 11" 47", B/W, Grayscale, Color. Also includes all pre- scanandpast scandoe prep, QC,dataentry, data transfer,
and shipping costs. i
Engineering/ Large Format Size Documents @ 600dpi; 1. 75 2. 19 2. 74 Includesdocument sizeslargerthan 11"x17" upto 36" x 48", B/W, Grayscale, Color. Also includes all pre-scan and post scan doe prep, QC, data entry, data transfer, and shipping costs.

Business Size Documents @ 300dpl; Includes document sizes $ 0. 14 0. 18 0. 23 up to 11x17,B/W, Grayscale,Color.AlsoIncludesall pre-
scan and post scan doe prep, QC, data entry, data transfer, and shipping costs.

Engineering/ Large Format Size Documents @ 300dpi; 1. 05 1. 32 1. 64 Includes document sizes larger than 11" 47" up to 36" x 48", B/W, Grayscale, Color. Also includes all pre-scan and post scan doe prep, QC, data entry, data transfer, and shipping costs,
Out of Scope document prep 21. 50/ hr $ 26. 901hr $ 33. 65/ hr Out of Scope document scanning TBD/ instance TBD/ instance TBD/ instance Professional Services— Custom programming, template 95. 00/ hr $ 118. 75/ hr $ 148. 50/ hr setup, other no scope services.

Mlcrofilm/ Microfiche Scanning— If needed TBD TO TBD
This responseto The City of Menifee RFPfor DocumentScanningServiceshasbeenprepared by:
x:
r
Mike Mccluskey
President
DMC-- Document& Microfilm Conversion
1499 Pomona Road
UnitC& D
Corona, CA 92882
T:( 951) 898- 2800
E: mike. mc@dmc- imagre. cc m
15 Dhl('
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AMENDMENT NO. 2 TO

AGREEMENT BETWEEN DOCUMENT & MICROFILM CONVERSION (DMC) AND THE CITY OF MENIFEE FOR CITY OF MENIFE: FY18/19 ON CALL DOCUMENT

SCANNING, INDEXING, AND QUALITY CONTROL SERVICES

This is Amendment No. 2 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on April 3, 20 19 between the City of Menifee (“City”) and DOCUMENT & MICROFILM CONVERSION (DMC) (“Consultant”) for CITY OF MENIFE:

FY18/19 ON CALL DOCUMENT SCANNING , INDEXING, AND QUALITY CONTROL SERVICES which Amendment No. 2 is made and entered into on ______________, 2021 to extend the term of services as indicated below:

1. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the April 3, 2019 and shall end on June 30, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. Section 1.6, “Covid-19 Safety” is included to read as follows:

3. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 1DEE6BD5-3444-4B8A-8F7F-927DB504E44A DocuSign Envelope ID: 527BC625-B6D4-44E5-9573-E992FC02CD7C June 1
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Professional Services Amendment No. 2 with DOCUMENT & MICROFILM CONVERSION (DMC)

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION
(DMC)

_______________________________ _______________________________ Armando G. Villa, City Manager Mike McCluskey, President

Attest: ________________________________
Debi McCluskey, COO

_______________________________
Sarah A. Manwaring, City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 1DEE6BD5-3444-4B8A-8F7F-927DB504E44A DocuSign Envelope ID: 527BC625-B6D4-44E5-9573-E992FC02CD7C Item Title: 10.12
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AMENDMENT NO. 3 TO

AGREEMENT BETWEEN DOCUMENT & MICROFILM CONVERSION (DMC) AND THE CITY OF MENIFEE FOR CITY OF MENIFE: FY18/19 ON CALL DOCUMENT

SCANNING, INDEXING, AND QUALITY CONTROL SERVICES
This is Amendment No. 3 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and DOCUMENT & MICROFILM CONVERSION (DMC) (“Consultant”) for CITY OF MENIFE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES which Amendment No. 3 is made and entered into on _______________, 2022 to extend the term of service and increase the compensation amount as indicated below:

1. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the April 3, 2019 and shall end on June 30, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. Section 2, “Compensation” is amended to increase the maximum compensation by $175,000.00 (ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $275,000.00 (TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. All other terms and conditions of the Agreement remain in full force and effect.

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Professional Services Amendment No. 3 with DOCUMENT & MICROFILM CONVERSION (DMC)

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION (DMC)
_______________________________ _______________________________ Armando G. Villa, City Manager Mike McCluskey, President Attest: ________________________________
Debi McCluskey, COO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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CITY OF MENIFEE
SUBJECT: Memorandum of Understanding Amendment with the County of Riverside for the Post-Release Accountability and
Compliance Team
MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Ed Varso, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 of the Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and Post-Release Accountability and Compliance Team (PACT) for Public Safety Realignment to include the replacement of an Officer for a Sergeant in Cathedral City.

DISCUSSION
The implementation of the Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by County Probation Departments, including the Riverside County Probation Department. On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County voted unanimously to support a county-wide law enforcement component.

Police Chiefs within Riverside County, the Riverside County Sheriff’s Department, the Riverside County District Attorney, and the Riverside County Probation Department have built the infrastructure to support the increased need for oversight and accountability. PACT is a countywide multi-jurisdictional team composed of the Riverside County Probation Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney’s Office, and the Riverside County Sheriff’s Department which represents all of the contract cities within the County.

Item Title: 10.13
Memorandum of Understanding Amendment with the County of Riverside for the Post-Release Accountability and Compliance Team
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The Amendment to the MOU would increase the funding allotted to Cathedral City to account for the adjustment of their assigned personnel from an Officer position to a Sergeant position. This increase is covered under the reimbursement and would not impact the distribution to Menifee.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Amendment No.1 PACT MOU

2. Original PACT MOU
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior
Improvement Project
MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute an owner-contractor agreement with JCOS Development, Inc. to perform construction services for the Fire Station No. 68 interior improvement project, Capital Improvement Project No. CIP21-03, in the amount of $762,000; and

2. Adopt two budget adjustment resolutions carrying forward CIP 21-03 Fire Station No. 68 interior improvement project budget from fiscal year 2021/2022 into the fiscal year 2022/2023 budget and appropriating $329,429 from the American Rescue Plan funds into the grant fund (Fund 301).

DISCUSSION
Fire Station No. 68 is located at the intersection of Murrieta Road and Wickerd Road. Currently, the available capacity of the building only allows for the housing of three fire staff and requires modifications to meet current standards. Due to the growing needs in the City, Fire Station No. 68 was identified as a candidate by Riverside County Fire to house a future medic response team.

To do this, the building requires remodeling to accommodate the additional equipment, personnel, and modifications to meet current standards.

The Fire Station No. 68 interior improvement project (“Project”) consists of remodeling existing dormitory areas and bathrooms, which would result in the expansion of the building footprint by approximately 350 feet. This would provide additional capacity to house personnel in the Fire Station.

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Staff administered a competitive bid process and the project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on June 2, 2022, and a total of three bids were received as summarized in Table 1 below.

Table 1- Bid Result Summary
Firm Name Total Bid
Amount
Lowest Responsible
Bidder
Engineer’s Estimate $380,000
Armstrong Cal Builders, Inc.* $668,900
JCOS Development, Inc. $762,000 X
LM Rasmussen Construction $947,266
* Bidder withdrew bid following bid deadline pursuant to Public Contract Code Section 5100 et. eq.

Upon receipt of the bids, the lowest bidder, Armstrong Cal Builders, rescinded their bid pursuant to Public Contract Code Section 5100 et eq. due to a clerical error in their bid totals. Subsequently, staff reviewed the second lowest bidder at the time of the bid opening and determined that JCOS Development, Inc. met the requirements for recommendation as the lowest responsive and responsible bidder.

Due to unprecedented escalations in construction and transportation costs nationwide, the bid amounts received were each well above the initial engineering estimate of $380,000. At this time, the anticipated construction cost for the project is $902,200, which includes construction, materials testing, labor compliance, inspection, and other costs typically associated with a construction project. Given the unpredictable nature of material pricing and availability, it is important to note that the Project costs and delivery timelines may continue to be impacted.

The Project was previously identified as a priority due to the need for an additional medic response team in the City. Delays caused by potentially rebidding the project, as a result of higher-than- expected bid totals, could render a similar outcome and further delay the start date of construction.

As such, staff recommend proceeding with the Project at this time to ensure the building can accommodate the medic staff.

The existing project budget is $482,771, therefore additional funding in the amount of $419,429 would be required to fully support the project. Staff has identified project savings from recently completed projects, as well as available American Rescue Plan (“ARP”) funds to support the remaining costs. Staff is requesting the approval of a budget amendment resolution (“BAR”) which would appropriate additional funding in the amount of $329,429 from ARP funds into the grant fund for use towards the Project. The remaining $90,000 needed to support the project would be funded from project savings from the Paloma Wash Trail Improvement Project as summarized in Table 3 under fiscal impact.

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Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
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If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: August 22, 2022
Construction End: December 15, 2022
City Council Acceptance February 1, 2023
*The timeline above assumes no delays due to weather or unforeseen conditions Environmental Impact
The proposed project is anticipated to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a project that would be exempt under this section: (e) Additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The project is for an approximately 350-foot addition to an existing structure. The existing structure is approximately 5,225 square feet in size.

Fifty percent of 5,225 is 2,612.5. Therefore, the project (350 square feet) does not exceed the 50 percent threshold (2,612.5 square feet) or the 2,500 square foot threshold and is categorically exempt.

Based on the Project, the categorical exemption is not barred by one of the exceptions set forth in Section 15300.2 which include: (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies (b) Cumulative Impact.

All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The Notice of Exemption for the Project was filed with the County of Riverside on April 27, 2022.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
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FISCAL IMPACT
The total anticipated construction cost for the Project is estimated at $902,200. The available existing funding for this Project is $482,771 as summarized in Table 2 below. Funding to support the remaining construction cost of $419,429 has been identified from project savings and available ARP funding as summarized in Table 3 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available Budget Anticipated Cost
Quality of
Life
Fire Station #68 105-4555-58101 $370,000 $370,000
DIF-Fire
Facilities
Fire Station #68 521-4555-58101 $112,771 $112,771
Unfunded Fire Station #68 N/A $0 $419,429
Total $482,771 $902,000
Table 3- Identified Project Funding
Account NumberFund Project
From To
Available
Budget
Amount
Requested
General Paloma Wash
Trail
Improvements
100-4555-58086 100-4555-58101 $97,675 $90,000
ARP American
Rescue Plan
ARP Funding for
Project
301-4555-58101 $329,429 $329,429
Total $419,429
Identified savings from the Paloma Wash Trail Improvement Project would be incorporated into the project budget. Approval of the recommended BAR would carry forward the fiscal year 2021/2022 project budget ahead of the CIP carryover schedule into the fiscal year 2022/23 budget.

The City has received approximately $13.2 million in ARP funds eligible to be used for a range of COVID-19 related expenses incurred between March 3, 2021 through December 31, 2024. In addition to the carryover, approval of the BAR would also include an appropriation of additional funding in the total amount of $329,429 from available ARP funds for use towards Fire Station No. 68. The use of ARP funding for the Project would fall under the eligible use category of Replacement of Public Sector Revenue Loss.

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ATTACHMENTS

1. Project Location Map

2. Agreement

3. Budget Adjustment Resolution General Fund

4. Budget Adjustment Resolution Grant Fund
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W i c k e r d R d
Okuma Rd
Hayden Rd
Murrieta Rd

LAKE ELSINORE

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S c o t t R d
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Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\FS68_Improvements\FS68_Improvements\FS68_Improvements.aprx Date: 6/27/2022 Fire Station #68 Improvements (CIP 21-03)
Project Location Map
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CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and JCOS DEVELOPMENT, INC (“Contractor”), whose principal business address is 8201 Orangethorpe Ave. Suite D, Buena Park, CA 90621 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT to be constructed at the existing Fire Station #68 site in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.14
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.14
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

JCOS Development, Inc.

By:

Name: _ Jeoung Hun Lee ________________
Its: ___President
APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Jeoung Hun Lee
Its: Secretary
ATTEST:

By:

Stephanie Roseen, Acting City Clerk Contractor’s City Business License No. _1031043______________________________
State Contractor License No. & Class
8201 Orangethorpe Ave. Suite D
Street Address
Buena Park, CA 90621
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 10
Menifee Mayor and City Council July 20, 2022

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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 11
Menifee Mayor and City Council July 20, 2022

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EXHIBIT B

CONTRACT PRICE
Seven Hundred Sixty Two Thousand Dollars and Zero Cents ($762,000.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 12
Menifee Mayor and City Council July 20, 2022

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Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 13
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Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 14
Menifee Mayor and City Council July 20, 2022

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Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 15
Menifee Mayor and City Council July 20, 2022

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Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 16
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Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 17
Menifee Mayor and City Council July 20, 2022

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RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
TOTAL: $97,675
Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 18
Menifee Mayor and City Council July 20, 2022

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Amending the Fiscal Year 2022/23 General Fund Budget
CIP 21-03: Fire Station #68
2 4
3 9
7 5
Amended General Fund FY 2022/23 Expenditure Budget: $68,030,948

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended General Fund FY 2022/23 Budget $67,933,273 Expenditures:

CIP 21-03: Fire Station #68 97,675

Amended General Fund FY 2022/23 Budget: $68,030,948 PASSED, APPROVED AND ADOPTED this 20th day of July 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 19
Menifee Mayor and City Council July 20, 2022

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RESOLUTION NO. 22-____

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan
(ARP): Fire Station #68
Project
301-3742 $329,429
TOTAL: $329,429
Amended Grant Fund FY 2022/23 Revenue Budget: $2,354,639 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,025,210

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-4555-58101 $329,429
TOTAL: $329,429
Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 20
Menifee Mayor and City Council July 20, 2022

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Amending the Fiscal Year 2022/23 Grant Fund Budget
CIP 21-03: Fire Station #68
2 4
3 9
7 5
Amended Grant Fund FY 2022/23 Expenditure Budget: $2,354,639

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

ARP CIP 21-03: Fire Station #68 $329,429 Amended Grant Fund FY 2022/23 Budget $2,354,639 Expenditures:

CIP 21-03: Fire Station #68
$329,429

Amended Grant Fund FY 2022/23 Budget: $2,354,629 PASSED, APPROVED AND ADOPTED this 20th day of July 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.14
Bid Award and Agreement with JCOS Development, Inc. for Construction Services for Fire Station No. 68 Interior Improvement Project
Item Page Number: 21
Menifee Mayor and City Council July 20, 2022

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CITY OF MENIFEE
SUBJECT: Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

MEETING DATE: July 20, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of parcel map 38129, located southwest of the intersection of Menifee Road and Newport Road; and

2. Authorize the City Clerk Department to record development covenants with the Riverside County Recorder’s office.

DISCUSSION
Tentative Parcel Map (PM) 38129 is a proposed subdivision of 8.62 gross acres of land into two lots for commercial use. The subdivision is located southwest of the intersection of Menifee Road and Newport Road connected to the existing shopping center located at the same intersection.

The property owner, Diamond Brothers Five Partnership, LP., is requesting approval and filing/recordation of the parcel map. To comply with the project’s conditions of approval, development covenants must be recorded concurrently with the parcel map to ensure construction of the required street improvements along Newport Road.

City staff has reviewed the request and determined the parcel map meets the requirements of the project’s conditions of approval.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 10.15
Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

Item Page Number: 1
Menifee Mayor and City Council July 20, 2022

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City of Menifee Staff Report
PM 38129
July 20, 2022

Page 2 of 2 ends

1 0
8 2

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Parcel Map

2. Development Covenants
Item Title: 10.15
Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

Item Page Number: 2
Menifee Mayor and City Council July 20, 2022

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SHEET 1 OF 4 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP; THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE {TENTATIVE MAP OF PARCEL NO. 38129}, APPROVED BY THE MENIFEE CITY COUNCIL ON {FEBRUARY 11, 2022}, AND ANY APPROVED ALTERATION THEREOF. THAT THE PLANS FOR THE DRAINS, DRAINAGE WORKS AND SEWERS SUFFICIENT TO PROTECT ALL LOTS IN THE SUBDIVISION FROM FLOODS HAVE BEEN APPROVED. THAT A COMPLETE SET OF PLANS

FOR THE CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS HAS BEEN FILED WITH THE COMMUNITY DEVELOPMENT

DEPARTMENT AND THAT THE SAME HAVE BEEN CHECKED AND APPROVED AND THAT ALL IMPROVEMENTS HAVE BEEN COMPLETED

IN ACCORDANCE WITH THE APPROVED PLANS OR THAT THE SUBDIVIDER HAS ENTERED INTO AGREEMENT WITH THE CITY OF

MENIFEE COVERING COMPLETION OF ALL IMPROVEMENTS AND SPECIFYING THE TIME FOR COMPLETING THE SAME AS MAY BE REQUIRED BY THE CONDITIONS OF APPROVAL DATED {FEBRUARY 11, 2022}. THIS MAP CONFORMS TO THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES.

I HEREBY ALSO STATE THAT THIS MAP HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DATE: { } , 20{ }.{
}BY: { }.

DANIEL PADILLA, R.C.E. NO. 67008/P.L.S. 9841

DEPUTY PUBLIC WORKS DIRECTOR

CITY ENGINEER/SURVEYOR, CITY OF MENIFEE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE

PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS

COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT, NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE ${ }.

DATE: { } , 20{ }.

MATTHEW JENNINGS, COUNTY TAX COLLECTOR
BY: { } DEPUTY
I HEREBY CERTIFY THAT A BOND IN THE SUM OF ${ } HAS BEEN EXECUTED AND FILED WITH THE BOARD OF

SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY,

MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP

WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATE: { } , 20{ }.

CASH OR SURETY TAX BOND

MATTHEW JENNINGS,

COUNTY TAX COLLECTOR
BY: { } DEPUTY
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: LOT "A". THE DEDICATION IS FOR STREET AND PUBLIC UTILITY PURPOSES.

AS A CONDITION OF DEDICATION OF LOT "A", NEWPORT ROAD, THE OWNERS OF PARCEL 1, ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING ONE (FIFTY-FOOT) OPENING FOR PARCEL 1, AS SHOWN HEREON. {ALSO, THE OWNERS OF PARCEL 2,

ABUTTING MENIFEE ROAD AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING ONE (THIRTEEN-FOOT) OPENING FOR PARCEL 2, AS SHOWN HEREON. } ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION. {DIAMOND BROTHERS FIVE PARTNERSHIP, LP, A CALIFORNIA LIMITED PARTNERSHIP BY: .

PRINT NAME: GEORGE CHIAO-TUNG CHANG .

TITLE: GENERAL PARTNER .}
THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BY ITS CITY COUNCIL, HEREBY APPROVES THE {PARCEL MAP 38129} AND ACCEPTS THE OFFERS OF DEDICATION MADE HEREON FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES.

THE COUNCIL DECLARES THE ACCEPTANCE OF THE OFFERS IS TO VEST TITLE IN THE CITY ON BEHALF OF THE PUBLIC FOR SAID

PURPOSES BUT THAT SAID STREETS SHALL NOT BECOME PART OF THE CITY MAINTAINED STREET SYSTEM UNTIL ACCEPTED BY THE CITY PURSUANT TO SECTION 941 OF THE STREETS AND HIGHWAYS CODE. {THE EASEMENTS FOR STREET AND PUBLIC UTILITY PURPOSES LOT "A" (NEWPORT ROAD)}.

DATE: { } , 20{ }.{ . }CITY CLERK, CITY OF MENIFEE,
RIVERSIDE COUNTY, CALIFORNIA

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT REQUEST OF THE {DIAMOND BROTHERS FIVE PARTNERSHIP, LP, ON JULY 8, 2020}. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

DATE: { } , 20{ }.
{ }.

ROBERT SCIPIOBLUME, P.L.S. NO. 9154
{FILED THIS DAY OF , 20 ,
AT .M. IN BOOK OF PARCEL MAPS,

AT PAGES - , AT THE REQUEST OF
CITY CLERK OF THE CITY OF MENIFEE.

NO. .

FEE .

PETER ALDANA

ASSESSOR - COUNTY CLERK - RECORDER
BY: , DEPUTY
SUBDIVISION GUARANTEE: FIRST AMERICAN TITLE
COMPANY}

RECORDER'S STATEMENT

OWNER'S STATEMENT SURVEYOR'S STATEMENT

CITY ENGINEER/SURVEYOR STATEMENT

MENIFEE CITY CLERK CERTIFICATE

TAX COLLECTOR'S CERTIFICATE

TAX BOND CERTIFICATE
PARCEL MAP NO. 38129
A

NROFACFOETA
TS
R
O
Y
S U
R
E
P
R
O
F
E
SS

A N DANO
CS
U
BO
No. 9154
M
P
RE
B
O
R
T
E
LOT SUMMARY:

SECTION 2, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M.

PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTEREST HAVE BEEN OMITTED:

AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS OR OTHER HYDROCARBONS AND ALL MINERALS OF EVERY KIND AND NATURE IN OR UNDER OR PRODUCED FROM BELOW 500.00 FEET FROM THE SURFACE OF THE ABOVE

DESCRIBED PROPERTY, AS DESCRIBED IN THE DEED FROM HAYDEN WORTHINGTON AND BETTY WORTHINGTON, HUSBAND AND WIFE TO RANCHO MENIFEE, INC., RECORDED JUNE 5, 1957 AS INSTRUMENT NO. 41040 OF OFFICIAL

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID RESERVATION BEING SUBJECT TO CERTAIN COVENANTS, AS MORE PARTICULARLY SET OUT IN SAID DEED.

AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED ON MAY 12, 1988, PER INSTRUMENT NO. 126365 OF OFFICIAL RECORDS.

AN EXISTING EASEMENT AGREEMENT FOR ACCESS, PARKING, AND TRASH AREA PURPOSES, IN FAVOR OF FOOTHILL ARCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED ON DECEMBER 21, 2015, PER INSTRUMENT NO. 2015-0550367. (SUPERSEDED BY DECLARATION RECORDED ON MAY 10, 2016, PER INSTRUMENT NO. 2016-0189021)

EASEMENTS FOR FIRE WATER LINE, ACCESS, PRIVATE DRAINAGE, DOMESTIC WATER LINE, SEWER LINE, PARKING, AND TRASH ENCLOSURE PURPOSES, IN FAVOR OF FOOTHILL ARCH, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, BY DECLARATION RECORDED ON MAY 10, 2016, PER INSTRUMENT NO. 2016-0189021. (SUPERSEDED BY SECOND SUPERSEDING DECLARATION RECORDED ON JANUARY 23, 2017, PER INSTRUMENT NO. 2017-0027483)

AN EASEMENT FOR UNDERGROUND ELECTRICAL SYSTEMS AND COMMUNICATION SYSTEMS AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JUNE 22, 2016, PER INSTRUMENT NO. 2016-0256360.

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED NOVEMBER 03, 1961 AS INSTRUMENT NO. 1961-94890.

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED OCTOBER 28, 1987 AS INSTRUMENT NO. 310333 OF OFFICIAL RECORDS. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION AND RESERVATION OF EASEMENT FOR MENIFEE" RECORDED DECEMBER 15, 1988 AS INSTRUMENT NO. 1988-367887.

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED DECEMBER 15, 1988 AS INSTRUMENT NO. 367887 OF OFFICIAL RECORDS. DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED OCTOBER 12, 1993 AS INSTRUMENT NO. 398950.

SIGNATURE OMISSIONS
STATE OF { }.

COUNTY OF { }.

ON { } 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.

MY PRINCIPAL PLACE OF BUSINESS IS IN
SIGNATURE { } { } COUNTY.

MY COMMISSION EXPIRES:{ }.

PRINT NAME: { } MY COMMISSION NUMBER:{ }. {\W0.75;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}

NOTARY ACKNOWLEDGMENT
K & A ENGINEERING, INC. FEBRUARY, 2022

THIS PARCEL MAP IS FOR CONVEYANCE AND FINANCING PURPOSES ONLY AND THE PARCELS CREATED ARE NOT BUILDABLE Item Title: 10.15
Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

Item Page Number: 3
Menifee Mayor and City Council July 20, 2022

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SHEET 2 OF 4 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38129
FOUND 1" I.P. W/TAG "L.S. 5390", FLUSH, PER CORNER RECORD 14-0321. ACCEPTED

AS THE CENTERLINE INTERSECTION OF NEWPORT ROAD AND POMPEII STREET/MENIFEE LAKES DRIVE, PER P.M.B. 240/43-46 AND M.B. 402/1-3.

FOUND 1 1/2" BRASS DISK STAMPED "RIV. CO. TRANS.", FLUSH, IN LIEU OF 4" BRASS DISK STAMPED "RIVCO" "MENIFEE" TRANS", PER CORNER RECORD 14-0321.

ACCEPTED AS THE CENTERLINE INTERSECTION OF NEWPORT ROAD AND MENIFEE ROAD.

FOUND "MAG NAIL", FLUSH, NO REFERENCE, IN LIEU OF 1" I.P. W/TAG "L.S. 5780" PER M.B 411/69-99. ACCEPTED AS THE CENTERLINE INTERSECTION OF MENIFEE ROAD AND ROCKPORT ROAD, PER P.M.B. 241/21-24.

FOUND 1" I.P. W/TAG "R.C.E. 31653", FLUSH, PER P.M.B. 240/43-46. ACCEPTED AS PROPERTY CORNER.

FOUND 1" I.P. W/O TAG, FLUSH, PER P.M.B. 240/43-46. SET TAG "L.S. 9154". ACCEPTED AS PROPERTY CORNER.

FOUND 1" I.P. W/TAG "R.C.E. 31653", FLUSH, PER P.M.B. 240/43-46. ACCEPTED AS PROPERTY CORNER.

FOUND LEAD AND TACK W/TAG "R.C.E. 31653", IN CONCRETE, PER P.M.B. 240/43-46.

ACCEPTED AS PROPERTY CORNER.

FOUND TACK W/TAG "R.C.E. 14232", ON TOP OF PILASTER, IN LIEU OF 1" I.P. W/TAG "R.C.E. 14232", FLUSH, PER P.M.B. 146/1-26. ACCEPTED AS PROPERTY CORNER.

FOUND 1" I.P. W/PLUG AND TACK "R.C.E. 14232", FLUSH, PER P.M.B. 146/1-26. NOT ACCEPTED. USED FOR NORTH/SOUTH LINE ONLY.

FOUND 1" I.P. W/TAG "L.S. 5567", FLUSH, PER P.M.B. 240/43-46 AND M.B. 402/1-3. NOT ACCEPTED. USED FOR NORTH/SOUTH LINE ONLY.

FOUND TACK W/TAG "L.S. 5780", ON TOP OF PILASTER, PER M.B. 190/79-85. ACCEPTED AS BEING A 1' O/S ON THE PRODUCED LOT LINE OF LOTS 109 AND 159, TO THE NORTHWEST CORNER OF LOT 109 OF SAID MAP.

FOUND TACK W/TAG "L.S. 5780", ON TOP OF WALL, IN LIEU OF 1" I.P., FLUSH, PER M.B. 190/79-85, 0.67' SOUTH OF PROPERTY LINE. ACCEPTED AS BEING ON LOT LINE OF LOTS 107 AND 109 OF SAID MAP.

FOUND TACK W/TAG "L.S. 5780", ON TOP OF WALL, IN LIEU OF 1" I.P., FLUSH, PER M.B. 190/79-85, 0.69' SOUTH OF PROPERTY LINE. ACCEPTED AS BEING ON LOT LINE OF LOTS 106 AND 107 OF SAID MAP.

FOUND TACK W/TAG "L.S. 5780", ON TOP OF WALL, IN LIEU OF 1" I.P., FLUSH, PER M.B. 190/79-85, 0.64' SOUTH OF PROPERTY LINE. ACCEPTED AS BEING ON LOT LINE OF LOTS 105 AND 106 OF SAID MAP.

FOUND TACK W/TAG "L.S. 5780", ON TOP OF WALL, IN LIEU OF 1" I.P., FLUSH, PER M.B. 190/79-85, 0.43' WEST OF PROPERTY LINE. ACCEPTED AS BEING ON LOT LINE OF LOTS 104 AND 105 OF SAID MAP.

FOUND 1" I.P. W/TAG "R.C.E. 31653", FLUSH, PER P.M.B. 240/43-46. {SEARCHED, NOTHING FOUND. ESTABLISHED AT RECORD DISTANCE FROM FOUND CORNER TO THE NORTH, ON THE RIGHT-OF-WAY OF MENIFEE ROAD. SET TACK W/TAG "L.S. 9154", IN MOW CURB.

FOUND 1" I.P. W/TAG "R.C.E. 14232", DN. 0.2', IN LIEU OF 1" I.P. W/TAG "R.C.E. 14232", FLUSH, PER P.M.B. 146/1-26. ACCEPTED AS PROPERTY CORNER.

SEARCHED, NOTHING FOUND. ESTABLISHED AT RECORD BEARING AND DISTANCE FROM FOUND CORNER TO THE EAST. FITS RECORD DISTANCE FROM THE ESTABLISHED CORNER TO THE NORTH. SET TACK W/TAG "L.S. 9154", IN MOW CURB.} FOUND PK NAIL, FLUSH, IN LIEU OF 1" I.P. W/TAG "L.S. 5780", PER P.M.B. 240/43-46 AND M.B. 190/79-86. ACCEPTED AS THE CENTERLINE INTERSECTION OF MENIFEE ROAD

MONUMENT NOTES
1 2
3 4
5 6
8 9
10 11
12 13
14 15
16 17
18 19
20 21
SHEET INDEX:

NO.{DESCRIPTION}
1TITLE SHEET
2SURVEYOR'S NOTES
BASIS OF BEARINGS
EASEMENT NOTES
MONUMENT NOTES
VICINITY MAP
3BOUNDARY/MAPPING SHEET
4EASEMENT DETAIL SHEET
SURVEYOR'S NOTES AND LEGEND:
( )INDICATES RECORD DATA PER LOT LINE ADJUSTMENT NO. 15-001, INST. NO. 2015-0464315, RECORDED 10-22-2015, O.R.
[ ]INDICATES RECORD DATA PER PARCEL MAP NO. 36998, P.M.B. 240/43-46. { }INDICATES RECORD DATA PER PARCEL MAP NO. 36728, P.M.B. 241/21-24.

R&MINDICATES RECORD AND MEASURED
INDICATES MONUMENT NUMBER AS DESCRIBED IN MONUMENT NOTES.

INDICATES FOUND MONUMENT AS NOTED.

INDICATES SET 1" I.D. X 18" I.P. AND TAG "L.S. 9154", FLUSH, AT ALL LOT CORNERS, ANGLE POINTS IN SIDE OR REAR LOT LINES, AND ANGLE POINTS IN SUBDIVISION BOUNDARY. (RIVERSIDE CO. STD. "A" MONUMENT) INDICATES SET NAIL AND TAG "L.S. 9154", IN MOW CURB.

ALL MONUMENTS ARE SET AND TAGGED IN ACCORDANCE WITH THE RIVERSIDE COUNTY ORDINANCE NO. 461.10.

ALL MONUMENTS SHOWN AS "SET" ARE SET PER RIVERSIDE COUNTY ORDINANCE 461.21, AND IN ACCORDANCE FOR THIS WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THIS MAP.

INDICATES RESTRICTED ACCESS

VICINITY MAP
N.T.S.

THE BASIS OF BEARING FOR THIS SURVEY IS DERIVED FROM AN ONLINE POSITIONING USER SERVICE (OPUS) SOLUTION USING THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, {CCS83, ZONE 6}, BASED LOCALLY ON CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) "{P474}", "{BILL}", AND "{P584}", {NAD83(NSRS2011) EPOCH 2010.00} AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES, MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF {0.99990933}. CALCULATIONS ARE MADE AT CONTROL POINT "5" WITH COORDINATES OF:

N: {2193828.11} (GRID), E: {6286228.75} (GRID), USING AN ELEVATION OF {1433.01' (NAVD88')} BASIS OF BEARINGS:

BRIGGS RD

SIMPSON RD

OLIVE AVERD

WINCHESTER RD

PATTON AVE
GARBANI RD. HOLLAND RD

MENIFEE RD

DOMENIGONI PKWY

LEON RD

LINDENBERGER
C

A L I FOR N I A
79 INTERSTATE
215

INTERSTATE
15 \W0.8500;TO THE CITY OF MORENO VALLEY\W0.8500;TO HIGHWAY 74 & CITY OF HEMET \W0.8500;TO LAKE ELSINORE
\W0.8500;TO THE CITY OF TEMECULA

NEWPORT
RD

PROJECT
SITE
K & A ENGINEERING, INC. FEBRUARY, 2022

THIS PARCEL MAP IS FOR CONVEYANCE AND FINANCING PURPOSES ONLY AND THE PARCELS CREATED ARE NOT BUILDABLE 22 ENVIRONMENTAL CONSTRAINT NOTE:
\pxa1;ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE AT THE CITY OF MENIFEE PUBLIC WORKS AND ENGINEERING DEPARTMENT, IN E.C.S. BOOK {\L } , PAGE {\L } . THIS AFFECTS ALL LOTS.

EASEMENT NOTES
1A

INDICATES AN EXISTING EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED ON MAY 12, 1988, PER INSTRUMENT NO. 126365 OF OFFICIAL RECORDS.
PARCEL 1 (SEE EASEMENT DETAIL "A" ON SHEET 4)
PARCEL 2 (SEE EASEMENT DETAIL "A" ON SHEET 4)

INDICATES AN EXISTING EASEMENT AGREEMENT FOR ACCESS, PARKING, AND TRASH

AREA PURPOSES, IN FAVOR OF FOOTHILL ARCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED ON DECEMBER 21, 2015, PER INSTRUMENT NO. 2015-0550367. (SUPERSEDED BY DECLARATION RECORDED ON MAY 10, 2016, PER INSTRUMENT NO. 2016-0189021)

INDICATES EASEMENTS FOR FIRE WATER LINE, ACCESS, PRIVATE DRAINAGE, DOMESTIC

WATER LINE, SEWER LINE, PARKING, AND TRASH ENCLOSURE PURPOSES, IN FAVOR OF FOOTHILL ARCH, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, BY DECLARATION RECORDED ON MAY 10, 2016, PER INSTRUMENT NO. 2016-0189021. (SUPERSEDED BY SECOND SUPERSEDING DECLARATION RECORDED ON JANUARY 23, 2017, PER INSTRUMENT NO. 2017-0027483)

INDICATES EASEMENTS FOR FIRE WATER LINE, ACCESS, PRIVATE DRAINAGE, DOMESTIC

WATER LINE, SEWER LINE, PARKING, AND TRASH ENCLOSURE PURPOSES, IN FAVOR OF FOOTHILL ARCH, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, BY DECLARATION RECORDED ON JANUARY 23, 2017, PER INSTRUMENT NO. 2017-0027483. FOR FIRE WATER LINE PURPOSES. (EXACT LOCATION NOT DEFINED IN LEGAL DOCUMENT, EXCEPT AS SHOWN ON EASEMENT DETAIL "A" ON SHT. 4) FOR ACCESS PURPOSES. (EXACT LOCATION NOT DEFINED IN LEGAL DOCUMENT, EXCEPT AS SHOWN ON EASEMENT DETAIL "B" ON SHT. 4)
FOR PRIVATE DRAINAGE PURPOSES. (EXACT LOCATION NOT DEFINED IN LEGAL DOCUMENT, EXCEPT AS SHOWN ON EASEMENT DETAIL "C" ON SHT. 4) FOR DOMESTIC WATER LINE PURPOSES. (EXACT LOCATION NOT DEFINED IN LEGAL DOCUMENT, EXCEPT AS SHOWN ON EASEMENT DETAIL "B" ON SHT. 4) FOR SEWER LINE AND PURPOSES. (SEE EASEMENT DETAIL "D" ON SHEET 4) FOR PARKING PURPOSES. (SEE EASEMENT DETAIL "C" ON SHEET 4) FOR TRASH ENCLOSURE PURPOSES. (SEE EASEMENT DETAIL "D" ON SHEET 4) THE ABOVE REFERENCED DOCUMENT ENTITLED "SECOND SUPERSEDING DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS" IS MISSING EXHIBITS "A" THROUGH "G" AND AS SUCH, ANY EASEMENTS REFERENCED

WITHIN THE DOCUMENT CANNOT BE PLOTTED, HOWEVER, THE LOCATION OF THE

EASEMENTS CAN BE ASSUMED AS REFERENCED IN THE PREVIOUSLY RECORDED DOCUMENTS AND ALSO UNDER PARCEL MAP NO. 36998 RECORDED MAY 10, 2016 IN BOOK 240, PAGES 43 THROUGH 46, INCLUSIVE, OF PARCEL MAPS.

INDICATES AN EXISTING EASEMENT FOR UNDERGROUND ELECTRICAL SYSTEMS AND

COMMUNICATION SYSTEMS AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JUNE 22, 2016, PER INSTRUMENT NO. 2016-0256360. (SEE EASEMENT DETAIL "D" ON SHEET 4)

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED NOVEMBER 03, 1961 AS INSTRUMENT NO. 1961-94890. (NOT PLOTTABLE)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION AND RESERVATION OF EASEMENT FOR MENIFEE" RECORDED DECEMBER 15, 1988 AS INSTRUMENT NO. 1988-367887. (NOT PLOTTABLE)

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED DECEMBER 15, 1988 AS INSTRUMENT NO. 367887 OF OFFICIAL RECORDS.

DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED OCTOBER 12, 1993 AS 2 1B
2B
2F
2G
3 1
2A
2C
2D
2E
4 5
6 Item Title: 10.15
Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

Item Page Number: 4
Menifee Mayor and City Council July 20, 2022

Page 450 of 969 ends

C/L POMPEII STREET

C/L MENIFEE LAKES DRIVE

C/L ROCKPORT ROAD

C/L LOIRE VALLEY LANE

C / L T R E S L A G O S D R I V E
PARCEL "B"
LLA NO. 15-001
INST. NO. 2015-0464315
RECORDED 10/22/2015
P.M. 36728
P.M.B. 241/21-24
PARCEL 1
PARCEL 2
PARCEL 3
PORTION PARCEL 12
P.M. 21838
P.M.B. 146/1-26
PARCEL 2
P.M. 36998
P.M.B. 240/43-46
PARCEL 1
P.M. 36998
P.M.B. 240/43-46
TR. 22128
M.B. 191/44-50
99 98 97 96 95 94 93 92 91 90 89 88 87
198 O.S.
101
102
103
104
105107
108
109
7 TR. 30505
M.B. 402/1-3
10 9
8 6
5 PARCEL 14
P.M. 21838
P.M.B. 146/1-26C/L SOMME COURT
C
/ L P O M P E I I S T R E E T C
/ L C A M I N O C R I S T A L C/L NEWPORT ROAD

C/L MENIFEE ROAD
\A1;146'\A1;50' \A1;96'
\A1;146'\A1;50' \A1;96'
\A1;152'
\A1;76'
\A1;76'
\A1;118'\A1;55'
\A1;63'
\A1;132'
\A1;55'
\A1;132'
\A1;55'
\A1;119'
\A1;64'
\A1;55'
\A1;110'
\A1;55' \A1;55'\A1;22'
PARCEL 1
PARCEL 2

1.41 AC. GR.

1.41 AC. NET
LOT "A"
106
TR. 22129
M.B. 190/79-85

SEE EASEMENT DETAIL
ON SHEET 4

C/L ROCKPORT ROAD
SHEET 3 OF 4 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38129
\A1;BEING A SUBDIVISION OF {\C1;PARCEL "B" OF LOT LINE ADJUSTMENT NO. LLA 15-001 RECORDED OCTOBER 22, 2015 AS INSTRUMENT NO. 2015-0464315}, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA{\A0;. LOCATED IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M.} K & A ENGINEERING, INC. FEBRUARY, 2022 SEE SHEET 2 FOR SURVEYOR'S NOTES, EASEMENT NOTES, MONUMENT NOTES, ENVIRONMENTAL CONSTRAINT NOTE, AND BASIS OF BEARINGS.

NOTE:

SCALE: 1"=60'
60 120 1800

CONVERGENCE ANGLE POINT
AT BASE POINT: (5)
= -0029'51.20002"

GRID NORTH

GEODETIC NORTH

BOUNDARY AND MAPPING SHEET

THIS PARCEL MAP IS FOR CONVEYANCE AND FINANCING PURPOSES ONLY AND THE PARCELS CREATED ARE NOT BUILDABLE Item Title: 10.15
Final Map for Parcel Map 38129, by Diamond Brothers Five Partnership, LP.

Item Page Number: 5
Menifee Mayor and City Council July 20, 2022

Page 451 of 969 ends

Menifee City CouncilJuly 20, 2022

Menifee City Council
July 20, 2022