PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
RIVERSIDE COUNTY FLOOD CONTROL DOC Es 2003-800607
AND WATER CONSERVATION DISTRICT 10/10/2003 08:00A Fee:NC
FREE RECORDING Recorded in Official Recorda
County of Riverside
This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should Assessor, County Clerk & Recorder be recorded without a fee pursuant to Govt. Code 6103.
AND WHEN RECORDED MAIL TO:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT M PAGE SIZE DA PCOR NOCOR MSC. 1995 MARKET STREET 21
RIVERSIDE, CA 92501-1770
- VAR
COPY LONG REFUND NCH3 EXAM
AGREEMENT C
Title of Document
AK
PROJECT: Salt Creek - Clover Creek Lane Storm Drain, Stage 3 PROJECT NO: 4-0-0142
TRACT MAP NO: 28920-1
DEVELOPER: WL Homes LLC dba John Laing Homes
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ORIGINAL
83072.1
1 AGREEMENT Contract No. 03-08-010
Riverside Co. Transportation
2 (Tract No. 28920-1)
3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION 4 DISTRICT, hereinafter called "DISTRICT", the COUNTY OF RIVERSIDE, hereinafter called 5 "COUNTY" and WL HOMES LLC, a Delaware limited liability company, dba JOHN LAING HOMES, hereinafter called "DEVELOPER", hereby agree as follows:
7 RECITALS
8 A. DEVELOPER has submitted for approval Tract No. 28920-1 in western Riverside 9 County and as a condition for approval DEVELOPER must construct certain flood control facilities in 10 order to provide flood protection and drainage for DEVELOPER'S planned development; and 11 The required facilities includes a storm drain system consisting of approximately 12 420 lineal feet of underground concrete pipe and certain outlet, hereinafter called "LINE A", as shown in 13 concept in red on Exhibit "A" attached hereto and made a part hereof; another storm drain segment 14 consisting of approximately 43 lineal feet of underground concrete pipe and a certain inlet, hereinafter 15 2883-886697 18/10/2883 88 called "LINE B", as shown in green on Exhibit "A". LINE A and LINE B are hereinafter collectively 16 called "PROJECT"; and
17 C. LINE B connects to an existing underground storm drain, hereinafter called 18 "STAGE 2", as shown in concept in blue on Exhibit "A", constructed and inspected pursuant to the 19 provisions of a certain Cooperative Agreement between DISTRICT, COUNTY and Kaufman and Broad 20 Coastal, Inc., executed February 6, 2001 and recorded as Document Number 2001-070322 in the Official 21 Records of the Riverside County Recorder; and
22 23 STAGE 2 has not been accepted by DISTRICT for ownership, operation and maintenance responsibilities pursuant to the terms and conditions of said Cooperative Agreement; and 24 E. DEVELOPER and COUNTY desire DISTRICT to accept ownership and 25 26 responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must review and 27 28
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1 approve DEVELOPER'S plans and specifications and subsequently inspect the construction of 2 PROJECT; and
3 F. DEVELOPER and DISTRICT desire COUNTY to accept ownership and 4 responsibility for the operation and maintenance of PROJECT'S associated catch basins, connector pipes 5 and laterals located within COUNTY held easements or rights of way, hereinafter called 6 "APPURTENANCES". Therefore, COUNTY must review and approve DEVELOPER'S plans and 7 specifications and subsequently inspect the construction of APPURTENANCES; and 8 DISTRICT is willing to (i) review and approve DEVELOPER'S plans and 9 specifications for PROJECT and APPURTENANCES, (il) inspect the construction of PROJECT, and (iii) 10 accept ownership and responsibility for the operation and maintenance of PROJECT, provided 11 DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the amounts specified herein to 12 cover DISTRICT'S plan review and construction inspection costs for PROJECT, (iii) constructs 13 PROJECT and APPURTENANCES in accordance with plans and specifications approved by DISTRICT 14 and COUNTY, (iv) obtains and conveys to DISTRICT the necessary rights of way as set forth herein for 15 the inspection, operation and maintenance of PROJECT, (v) accepts ownership and responsibility for the 16 operation and maintenance of PROJECT and APPURTENANCES following completion of PROJECT 17 construction until such time as DISTRICT accepts ownership and responsibility for the operation and 18 maintenance of PROJECT and STAGE 2, and COUNTY accepts ownership and responsibility for the 19 operation and maintenance of APPURTENANCES, and (vi) obtains all necessary permits, regulatory 20 permits, licenses and rights of entry as set forth herein; and 21 H. COUNTY is willing to (i) review and approve plans and specifications prepared by 22 DEVELOPER for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance and 23 payment bonds submitted by DEVELOPER for PROJECT, (iii) consent to the recordation and 24 conveyance of Irrevocable Offers) of Dedication furnished by DEVELOPER as provided herein. (iv) 25 26 grant DISTRICT the right to inspect, operate and maintain PROJECT within COUNTY rights of way, 27 and (v) accept ownership and responsibility for the operation and maintenance of APPURTENANCES. 28 - 2-
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provided PROJECT and APPURTENANCES are constructed in accordance with plans and specifications approved by DISTRICT and COUNTY.
3 NOW, THEREFORE, the parties hereto mutually agree as follows:
4 SECTION!
5 DEVELOPER shall:
1. Prepare plans and specifications for PROJECT and APPURTENANCES, 7 hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and COUNTY standards, 8 and submit to DISTRICT and COUNTY for their review and approval.
Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 10 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to 11 cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS, review and approval 12 of right of way and conveyance documents, and with the processing and administration of this 13 Agreement.
14 Deposit with DISTRICT (Attention: Business Office - Accounts Receivable), at 15 the time of providing written notice to DISTRICT of the start of PROJECT construction as set forth in 16 Section I.10. herein, the estimated cost of providing construction inspection for PROJECT, in an amount 17 as determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749. including 18 any amendments thereto, of the County of Riverside, based upon the bonded value of PROJECT facilities 19 to be inspected, operated and maintained by DISTRICT. 20 21 Grant DISTRICT and COUNTY, by execution of this Agreement, the right to enter 22 upon DEVELOPER'S property where necessary and convenient for the purpose of gaining access to and 23 performing inspection service for the construction of PROJECT as set forth herein. 24 Secure, at its sole cost and expense, all necessary licenses, agreements. permits and 25 rights of entry as may be needed for the construction, inspection, operation and maintenance of 26 PROJECT. DEVELOPER shall furnish DISTRICT and COUNTY, at the time of providing written 27 notice to DISTRICT of the start of construction as set forth in Section 1.10. herein, or not less than twenty 28 - 3-
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1 (20) days prior to recordation of the final map for Tract No. 28920-1 or any phase thereof, whichever 2 occurs first, with sufficient evidence of DEVELOPER having secured such necessary licenses, 3 agreements, permits, approvals and rights of entry, as determined and approved by DISTRICT and 4 COUNTY.
5 Furnish DISTRICT with draft copies of all permits, approvals or agreements 6 required by any Federal or State resource and/or regulatory agency for the construction, operation and 7 maintenance of PROJECT. Such documents include but are not limited to those issued by the U.S. Army 8 Corps of Engineers, California Regional Water Quality Control Board, California State Department of 9 Fish and Game and State Water Resources Control Board. 10 Provide COUNTY, at the time of providing written notification to DISTRICT of 11 the start of construction as set forth in Section I.10. herein, or not less than twenty (20) days prior to 12 recordation of the final map for Tract No. 28920-1, whichever occurs first, with faithful performance and 13 payment bonds, each in the amount of 100% of the estimated cost for construction of PROJECT as 14 determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of 15 DISTRICT and COUNTY. The bonds shall remain in full force and effect until PROJECT is accepted by 16 DISTRICT as complete; at which time the bond amount may be reduced to 10% for a period of one year 17 to guarantee against any defective work, labor or materials. 18 8. Obtain and provide DISTRICT, at the time of providing written notification to 19 DISTRICT of the start of construction as set forth in Section I.10. herein, or not less than twenty (20) 20 days prior to the recordation of the final maps for Tract No. 28920-1 or any phase thereof, whichever 21 occurs first, with duly executed Irrevocable Offers) of Dedication to the public for flood control purposes 22 and drainage purposes, including ingress and egress, for the rights of way deemed necessary by 23 DISTRICT for the construction, inspection, operation and maintenance of PROJECT as shown in concept 24 cross-hatched in blue and cross-hatched in red on Exhibit "B" attached hereto and made a part hereof. 25 The Irrevocable Offers) of Dedication shall be in a form approved by DISTRICT and shall be executed 26 27 by all legal and equitable owners described in the offer. 28 -4-
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1 9. Furnish DISTRICT, when submitting the Irrevocable Offers) of Dedication as set forth in Section I.8., with Preliminary Reports on Title dated not more than thirty (30) days prior to date 3 of submission for all the property described in the Irrevocable Offers) of Dedication. 4 10. Notify DISTRICT in writing (Attention: Mark H. Wills), at least twenty (20) days 5 prior to the start of construction of PROJECT. Construction shall not begin on PROJECT, for any reason 6 whatsoever, until after DISTRICT has issued to DEVELOPER a written Notice to Proceed authorizing 7 DEVELOPER to initiate construction.
8 I1. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as set forth in Section I.10. with a complete list of all contractors and subcontractors 10 to be performing work on PROJECT, including the corresponding license number and license 11 classification of each. At such time, DEVELOPER shall further identify in writing its designated 12 superintendent for PROJECT construction.
13 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the 14 start of construction as set forth in Section I.10., a construction schedule which shall show the order and 15 dates in which the DEVELOPER or DEVELOPER'S contractor proposes to carry on the various parts of 16 work, including estimated start and completion dates. As the construction progresses, DEVELOPER 17 shall update said construction schedule as requested by DISTRICT. 18 13. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and assign 19 their ownership to DISTRICT prior to the start of construction of PROJECT. 20 14. Comply with all Cal/OSHA safety regulations including regulations concerning 21 confined space and maintain a safe working environment for DEVELOPER and DISTRICT employees 22 on the site.
23 15. Furnish DISTRICT, at time of providing written notice to DISTRICT of the start 24 25 of construction as set forth in Section 1.I0. herein, a confined space procedure specific to PROJECT. The 26 procedure shall comply with requirements contained in California Code of Regulations, Title 8 Section 27 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and DISTRICT 28 - 5-
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1 Confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT 2 prior to the issuance of a Notice to Proceed.
3 16. Not permit any change to or modification of IMPROVEMENT PLANS without 4 the prior written permission and consent of DISTRICT. 5 17. During the construction period of PROJECT, provide Workers' Compensation 6 Insurance in an amount required by law. A certificate of said insurance policy shall be provided to 7 DISTRICT and COUNTY at the time of providing written notice pursuant to Section I.10. 8 Commencing on the date notice is given pursuant to Section I.1O. and continuing 9 until DISTRICT accepts PROJECT as complete for ownership, operation and maintenance:
10 (a) Provide and maintain or cause its contractor(s) to provide and maintain 11 comprehensive liability insurance coverage which shall protect 12 DEVELOPER from claims from damages for personal injury, including 13 accidental and wrongful death, as well as from claims for property damage 14 which may arise from DEVELOPER'S construction of PROJECT or the 15 performance of its obligations hereunder, whether such construction or 16 performance be by DEVELOPER, by any of its contractors, subcontractors, 17 or by anyone employed directly or indirectly by any of them. Such insurance 18 shall name DISTRICT and COUNTY as additional insureds with respect to 19 this Agreement and the obligations of DEVELOPER hereunder. Such 20 insurance shall provide for limits of not less than two million dollars 21 ($2,000,000) per occurrence.
22 (b) Cause its insurance carrier(s) or its contractor's insurance carriers), who 23 shall be authorized by the California Department of Insurance to transact 24 business of insurance in the State of California, to furnish DISTRICT and 25 26 COUNTY at the time of providing written notice to DISTRICT of the start of 27 construction as set forth in Section I.10. with certificate(s) of insurance and 28 - 6-
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1 applicable policy endorsements showing that such insurance is in full fonce 2 and effect and that DISTRICT and COUNTY are named as additional 3 insureds with respect to this Agreement and the obligations of DEVELOPER 4 hereunder. Further, said certificate(s) shall state that the issuing company 5 shall give DISTRICT and COUNTY sixty (60) days written notice in the event of any cancellation, termination, non-renewal or reduction in coverage 7 of the policies evidenced by the certificate(s). In the event of any such 8 cancellation, termination, non-renewal or reduction in coverage, 9 DEVELOPER shall, forthwith, secure replacement insurance meeting the 10 provisions of this paragraph.
11 Failure to maintain the insurance required by this paragraph shall be deemed a 12 material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole 13 discretion, to proceed to perform the remaining work pursuant to Section IV.3. 14 19. Construct, or cause to be constructed, PROJECT and APPURTENANCES at 15 DEVELOPER'S sole cost and expense in accordance with DISTRICT and COUNTY approved 16 IMPROVEMENT PLANS.
17 20. Upon completion of construction of PROJECT, but prior to DISTRICT acceptance 18 of PROJECT for ownership, operation and maintenance, convey, or cause to be conveyed to DISTRICT 19 flood control easements), including ingress and egress, in a form approved by DISTRICT, to the rights of 20 way as shown in concept and cross-hatched in blue and cross-hatched in red on Exhibit "B". 21 21. At the time of recordation of the conveyancing documents) as set forth in Section 22 1.20. above, furnish DISTRICT with policies of title insurance, each in the amount of not less than fifty 23 percent (50%) of the estimated fee value, as determined by DISTRICT, for each parcel to be conveyed to 24 25 DISTRICT, guaranteeing DISTRICT'S interest in said property as being free and clear of all liens, 26 encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except those 27 which, in the sole discretion of DISTRICT, are acceptable. 28 - 7-
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1 22. Accept ownership and sole responsibility for the operation and maintenance of 2 PROJECT and APPURTENANCES until such time as DISTRICT accepts ownership and responsibility 3 for operation and maintenance of PROJECT, and COUNTY accepts ownership and responsibility for APPURTENANCES. Further, it is mutually understood by the parties hereto that prior to DISTRICT 5 acceptance of ownership and responsibility for the operation and maintenance of PROJECT as set forth 6 herein, PROJECT and APPURTENANCES shall be in a satisfactorily maintained condition as solely determined by DISTRICT.
8 23. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 9 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees. 10 and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as 11 costs and included in any judgment rendered.
12 24. Upon completion of construction of PROJECT but prior to DISTRICTS 13 acceptance of PROJECT for ownership, operation and maintenance, DEVELOPER'S civil engineer of 14 record or construction civil engineer of record, duly registered in the State of California, shall provide 15 DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval of the 16 redlined "as-built" drawings, DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer 17 the redlined changes onto DISTRICTS original mylars at DISTRICTS office, after which the engineer 18 shall review, stamp and sign PROJECT plans "AS-BUILT." 19 SECTION !!
20 DISTRICT shall:
21 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER prior 22 to the start of PROJECT construction.
23 2. Provide COUNTY an opportunity to review and approve IMPROVEMENT 24 PLANS prior to DISTRICTS final approval.
25 3. Upon execution of this Agreement, record or cause to be recorded, a copy of this 26 27 Agreement in the Official Records of the Riverside County Recorder. 28 - 8-
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1 4. Record, or cause to be recorded, the Irrevocable Offers) of Dedication provided 2 by DEVELOPER pursuant to Section I.8.
3 5. Inspect the construction of PROJECT.
4 6. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS, the review and approval of right of way and conveyance 6 documents and the processing and administration of this Agreement. 7 7. Keep an accurate accounting of all DISTRICT construction inspection costs, and 8 within forty-five (45) days after DISTRICT acceptance of PROJECT as being complete, submit a final 9 cost statement to DEVELOPER. If the deposit, as set forth in Section 1.3. exceeds such costs, DISTRICT 10 shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of 11 PROJECT as being complete. If at any time the costs exceed the deposit, or are anticipated by 12 DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amounts), as deemed 13 reasonably necessary by DISTRICT to complete PROJECT, within thirty (30) days after receipt of billing 14 from DISTRICT.
15 8. Accept ownership and sole responsibility for the operation and maintenance of 16 2083-889687 18/19/2003 08: 08R 18 of 21 PROJECT, upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii) DISTRICT 17 acceptance of STAGE 2 for operation and maintenance, (iii) recordation of all conveyancing documents 18 described in Section I.20. and (iv) acceptance by COUNTY of all necessary rights of way as deemed 19 necessary by DISTRICT and COUNTY for the operation and maintenance of PROJECT and 20 APPURTENANCES.
21 9. Provide COUNTY with a reproducible duplicate copy of "as-built" 22 IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete. 23 24 SECTION III
COUNTY shall:
25 26 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER. prior 27 to the start of PROJECT construction.
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83072.1
1 Accept the COUNTY and DISTRICT approved faithful performance and payment 2 bonds submitted by DEVELOPER as set forth in Section I.7. and hold said bonds as provided herein. 3 3. Consent, by execution of this Agreement, to the recording of any Irrevocable 4 Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement. 5 4. As requested by DISTRICT, accept the Irrevocable Offers) of Dedication as set 6 forth herein, and any other outstanding offers of dedication necessary for the construction, inspection, 7 operation and maintenance of PROJECT.
8 5. Grant DISTRICT, by execution of this Agreement, the right to construct, inspect and operate and maintain PROJECT within COUNTY rights of way, as set forth herein. 10 6. Upon DISTRICT'S acceptance of PROJECT as being complete, accept ownership 11 and sole responsibility for the operation and maintenance of APPURTENANCES. 12 7. Not conduct a final inspection or grant occupancy permits for any unit within any 13 portion of Tract No. 28920-1, or any phase thereof, until construction of PROJECT is complete, unless 14 otherwise approved in writing by DISTRICT.
15 SECTION IV
16 It is further mutually agreed:
17 1. All work involved with PROJECT shall be inspected by DISTRICT and shall not 18 be deemed complete until approved and accepted in writing as complete by DISTRICT. 19 2. COUNTY and DEVELOPER personnel may observe and inspect all work being 20 done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely 21 responsible for all quality control communications with the DEVELOPER'S contractor(s) during the 22 construction of PROJECT.
23 3. DEVELOPER shall complete construction of PROJECT within twelve (12) 24 consecutive months after execution of this Agreement and within ninety (90) consecutive calendar days 25 after commencing work on PROJECT. It is expressly understood that since time is of the essence in this 26 Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute 27 28 - 10-
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1 authority for DISTRICT to perform the remaining work and require DEVELOPER'S surety to pay to 2 COUNTY the penal sum of any and all bonds. In which case, COUNTY shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4 4. PROJECT construction work shall be on a five (5) day, forty (40) hour work week 5 with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved 6 in writing by DISTRICT. If DEVELOPER feels it is necessary to work more than the normal forty (40) 7 hour work week or on holidays, DEVELOPER shall make a written request for permission from 8 DISTRICT to work the additional hours. The request shall be submitted to DISTRICT at least 72 hours 9 prior to the requested additional work hours and state the reasons for the overtime and the specific time 10 frames required. The decision of granting permission for overtime work shall be made by DISTRICT at its sole discretion and shall be final. If permission is granted by DISTRICT, DEVELOPER will be 12 charged the cost incurred at the overtime rates for additional inspection time required in connection with 13 the overtime work in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of 14 the County of Riverside.
15 5. DEVELOPER shall not request DISTRICT or COUNTY to accept any portion of 16 PROJECT or APPURTENANCES for operation and maintenance until DISTRICT determines PROJECT 17 is complete in accordance with Section II.8. herein. 18 6. In the event that any claim or legal action is brought against DISTRICT or 19 COUNTY in connection with this Agreement because of the actual or alleged acts or omissions by 20 DEVELOPER, including but not limited to design, construction or failure of PROJECT, DEVELOPER 21 shall defend, indemnify and hold DISTRICT and COUNTY harmless therefrom, without cost to 22 DISTRICT or COUNTY. Upon DEVELOPER'S failure to do so, DISTRICT and COUNTY shall be 23 entitled to recover from DEVELOPER all of their costs and expenses, including, but not limited to. 24 reasonable attorneys' fees.
25 26 DEVELOPER shall defend, indemnify and hold DISTRICT and COUNTY. their 27 respective officers, agents, employees and independent contractors free and harmless from any claim or 28 - 11 -
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1 legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the California Constitution, 2 the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to 3 impose any other liability or damage caused by the diversion of the waters from the natural drainage 4 patterns, save and except claims and litigation arising through the negligence or willful misconduct of 5 DISTRICT or COUNTY, which claims shall be shared by the parties on a pro rata basis based on their 6 respective responsibilities. DEVELOPER shall defend DISTRICT and COUNTY without cost to 7 DISTRICT or COUNTY, and upon DEVELOPER'S failure to do so, DISTRICT and COUNTY shall be 8 entitled to recover from DEVELOPER all of their cost and expenditures, including, but not limited to, reasonable attorneys' fees.
10 8. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT and 11 COUNTY, their respective officers, agents, and employees from any and all claims, demands, actions, or 12 suits of any kind arising out of any liability, known or unknown, present or future, including, but not 13 limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California 14 Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which 15 seeks to impose any other liability or damage, whatsoever, for damaged caused by the discharge of 16 drainage within or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER 17 of DISTRICT or COUNTY, their officers, agents and employees from any and all claims, demands, 18 actions or suits of any kind arising out of any liability, known or unknown, present or future, for the 19 negligent maintenance of PROJECT and APPURTENANCES, after the acceptance of PROJECT and 20 APPURTENANCES by DISTRICT and COUNTY.
21 9. Any waiver by DISTRICT or COUNTY of any breach of any one or more of the 22 terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the 23 same or of any other term hereof. Failure on the part of DISTRICT or COUNTY to require exact, full 24 and complete compliance with any terms of this Agreement shall not be construed as in any manner 25 changing the terms hereof, or estopping DISTRICT or COUNTY from enforcement hereof. 26 27
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1 10. If any provision in this Agreement is held by a court of competent jurisdiction to 2 be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force 3 without being impaired or invalidated in any way.
4 I1. This Agreement is to be construed in accordance with the laws of the State of 5 California.
12. Any and all notices sent or required to be sent to the parties of this Agreement will 7 be mailed by first class mail, postage prepaid, to the following addresses:
8 RIVERSIDE COUNTY FLOOD CONTROL COUNTY OF RIVERSIDE
AND WATER CONSERVATION DISTRICT Post Office Box 1090
1995 Market Street Riverside, CA 92502-1090
Riverside, CA 92501 Attn: Transportation Department
10 WL HOMES LLC
11 255 E. Rincon Street, Suite 100
Corona, CA 92879-1330
12 Attn: Linda Valia
13 13. Any action at law or in equity brought by any of the parties hereto for the purpose 14 of enforcing a right or rights provided for by this Agreement, shall be tried in a court of competent 15 jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of 16 law providing for a change of venue in such proceedings to any other county. 17 14. This Agreement is the result of negotiations between the parties hereto, and the 18 advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter 19 of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this 20 Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its 21 final form.
22 IS. The rights and obligations of DEVELOPER shall inure to and be binding upon all 23 heirs, successors and assignees.
24 16. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or 25 obligations hereunder to any person or entity without the written consent of the other parties hereto being 26 first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and 27 28
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1 agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this 2 Agreement.
3 17. The individuals executing this Agreement on behalf of DEVELOPER hereby 4 certify that they have the authority within their respective companies to enter into and execute this 5 Agreement, and have been authorized to do so by any and all boards of directors, legal counsel, and or any other board, committee or other entity within their respective companies which have the authority to 7 authorize or deny entering into this Agreement.
8 18. 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 10 terns and conditions thereof and supersedes any and all prior and contemporaneous agreements and 11 understandings, oral or written, in connection therewith. This Agreement may be changed or modified 12 only upon the written consent of the parties hereto. 13 14
15 16
17 18
19 20
21 22
23 24
25 26
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on SEP 2 3 2003
2 (to be filled in by Clerk to the Board)
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMENDED FOR APPROVAL AND WATER CONSERVATION DISTRICT 5 Bfu fan By
WARREN D. WILLIAMS AMES A. VENABLE, Chairman
6 General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
7 ATTEST:
8 NANCY ROMERO
Clerk to the Board
10 Seamal
Bj
Deputy
11 12 (SEAL)
13 RECOMMENDED FOR APPROVAL:
14 enor
GEORGE A. JOHNSON JOHN E. TAVAGLIONE, Chairman
15 Director of Transportation County of Riverside Board of Sapervisors 16 APPROVED AS TO FORM: ATTEST:
17 WILLIAM C. KATZENSTEIN NANCY ROMERC
18 County Counsel Clerk to the Boar
19 By Lee A. Vinocan
LEE A. VINOCOUR Deputy
20 Deputy County Counsel
21 Dated 118lo3 (SEAL)
22 WL HOMES LLC, a Delaware limited liability
23 ompany, dba John Laing Home
24 By.
LINDA VALIA, Project Manager
25 (NOTARY)
26 Cooperative Agreement TR 28920-1
AAM bjp
27 07/14/2003
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of Riverside
in August 13,2003 before me, Stephanie Miller, Notary Public. me and Tile of Officer (e q. Jane Doe, Notaly Public
personally appeared Linda Valia
Name(a) of Signer(s)
*personally known to me
• proved to me on the basis of satisfactory
evidence
to be the personte whose namefet islare
subscribed to the within instrument and
acknowledged to me that hershethey executed
0 1626331 the same in hie/her/their authorized
: - Calloenio capacitylies), and that by bie/hertheir
County signatures on the instrument the person at, or
In 24,200 the entity upon behalf of which the personts) acted, executed the instrument.
WITNESS my hand and official seal.
nil
Signedure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could pravent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tite or Type of Document: Coperative Agreement for Approval + Execution Document Date: July 14,2003 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
GHT THE MERRI
• Individual Top of thumb here
• Corporate Officer - Title(s):
Partner - O Limited C General
• Attorney-in-Fact
• Trustee
• Guardian or Conservator
Other:_
Signer Is Representing:
© 1890 Naonal Notary Aesociation • 9360 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91319-2402 • unde natlonalnatary.org Prod No. 5907 Reorder: Call Toll Free 1-800-878-8827 2803-899687
| 10/18/2993 68 004
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CITY
> TRACT No. SENDOR
28920-1
ONE PROR
ROAD
CANYON
LAKE ROAD 8
NEWPORT
MENFEE
6 BOULDER CREST WAY
VICINITY MAP
SECTION 30 & 31, TOWNSHIP SS. RJW. 5.B.M
106
3 2
SPRINGBROOK WAY
54° STORM DRAIN
94 LINE "A"
95 96
18 of 21 97 98 100
2803-890607 10/19/2903 88 888 101\102
| 103 104
HONEYRUN ROAD
28 27 28 25
EARTH
CHANNEL
DRIVE
28 30 37 32
3.5 VISTA
ROCK 83 46
82 48
47 LINE 80
"B" 48" STORM DRAN
=-====
85 88 EXHIBIT "A"
87 LAN CREEK
1 OF 2
LINE "A"D
LA LADERA ROAD
EXHIBIT "A" 2 OF 2
18 12 11
LANE WAGON CREEK
:
54 LiNE."B"
HONEYRUN ROAD = 70810
831010 F
24 J33ALS 3N0T 18/18/2993 68: 00A 19 of 21
G 2003-898687
WOODEN
ESCONDIDO
28 DRIVE VISTA ROCK
MENFEE
CITY
OPLE
LA DOUS
TRACT No. 28921
CANYON LAKE
LAKE ELSWORE
SRRINGBROOK WAY,
J.N0 75.00 60:00 60.00 60.00
DRAINAGE
EASEMENT TO
R.C.F.C. & ₩.C.D
20:00 100 120.00* PAD=456.6 01 120.00' 1.02 PAD=455.9 120.00 10s 98 PAD=458.9, 120,00 PAD=457.3
AD=458.2
To
DIPT 60.00 -60.00
60.00 60.00
"HONEYRUN
: ROAD 34
HIBIT "B"
2803-800687 1 OF 2
18/16/2883 08: 00A
20 of 21
CLOVER CREEK LANE
N89'37'23"W
EXISTING 48° STORM DRAIN PER
TRACT 28921 DWG. 4-762
VISTA DRIVE
EXISTING CMP RISER INLET
ROCK
d d
2083-898687 EXHIBIT "B"
18/18/283 88•88A
21 06 21
2 OF 2