PLEASE: COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT 2018-0108346
03/22/2018 @1:56 PM Fee: $ 0.00
FREE RECORDING Page 1 of 35
This instrument is for the benefit of the Riverside County Recorded in Official Records
Flood Control and Water Conservation District and should County of Riverside Be recorded without a fee pursuant to Govt. Code 6103. Peter Aldana Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL. TO:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 MARKET STREET 1°
RIVERSIDE, CA 92501-1770 THIS SPACE FOR RECORDER'S USE ONLY
COOPERATIVE AGREEMENT
Title of Document
PROJECT: Salt Creek - Westward Circle Storm Drain, Stage 1 Salt Creek - Whispering Way Storm Drain, Stage
Salt Creek - Destry Drive Storm Drain, Stage 1
Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek Channel Line B, Stage 2
PROJECT NOS.: 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382
DEVELOPER: Sutter Mitland 01 LLC
SUBDIVISION: Parcel Map No. 32269
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
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i COOPERATIVE AGREEMENT
Salt Creek - Westward Circle Storm Drain, Stage 1
2 Salt Creek - Whispering Way Storm Drain, Stage 1
Salt Creek - Destry Drive Storm Drain, Stage 1
3 Salt Creek - Audie West Storm Drain, Stage 1
4 Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 5 Parcel Map No. 32269
6 The Riverside County Flood Control and Water Conservation District, a body 7 politic ("DISTRICT"), the City of Menifee, a municipal corporation of the State of California 8 ("CITY"), Suller Mitland 01 LLC, a Delaware limited liability company ("DEVELOPER"), hereby agree as follows:
10 11 RECITALS
12 A. DEVELOPER is the legal owner of record of certain real property located 13 within the County of Riverside. DEVELOPER has submitted for approval Parcel Map No. 32269 14 located in the city of Menifee. As a condition of approval for Parcel Map No. 32269, 15 DEVELOPER must construct certain flood control facilities in order to provide flood protection 16 17 and drainage for DEVELOPER'S planned development; and 18 B. The legal description of Parcel Map No. 32269 is provided in Exhibit "A" 19 attached hereto and made a part hereof; and
20 C. The required flood control facilities and drainage improvements, as shown 21 in concept on Exhibit "B", attached hereto and made a part hereof, and as shown on District 22 Drawing Nos. 4-1099 and 4-1101, includes:
23 Approximately 775 lineal feet of 10-foot wide by 4-foot high 24 25 reinforced concrete box and an associated 15-foot wide maintenance 26 access road ("LINE B"). At its downstream terminus, LINE B will 27 connect to DISTRICT's existing Salt Creek Channel, Stage 7 facility, 28 as shown on District Drawing No. 4-0976. True and correct copies of - 1-
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the District-approved district drawings are public records that are 2 within DISTRICT's possession and can be made available upon 3 request;
4 Approximately 689 lineal feet of underground storm drain system 5 ("LINE B-8"). At its upstream terminus, LINE B-8 terminates with a 6 7 concrete bulkhead for future extension;
8 іії) Approximately 1,410 lineal feet of underground storm drain system 9 ("LINE C-7"). At its downstream terminus, LINE C-7 terminates with 10 a concrete bulkhead for future extension;
11 iv) Approximately 92 lineal feet of underground storm drain system 12 ("LINE C-9"). At its upstream terminus, LINE C-9 terminates with a 13 14 concrete bulkhead for future extension;
15 v) Approximately 286 lineal feet of underground storm drain system 16 ("LINE C-10"). At its upstream terminus, LINE C-10 terminates with 17 a concrete bulkhead for future extension. Together, LINE B, LINE B- 18 8, LINE C-7, LINE C-9 and LINE C-10 are hereinafter called 19 "DISTRICT FACILITIES"; and
20 21 D. Associated with the construction of DISTRICT FACILITIES is the 22 construction of (i) approximately 70 lineal feet of 12-inch PVC subdrain pipe; (i) 23 approximately 111 lineal feet of 4' x 10' reinforced concrete box; (iii) approximately 302 24 lineal feet of 42-inch reinforced concrete pipe; (iv) approximately 566 lineal feet of 48- 25 inch reinforced concrete pipe; and (v) certain catch basins, connector pipes, headwalls, 26 inlets, riprap structures, bio-retention basins, maintenance access road and various lateral 27 storm drains that are thirty-six inches (36") or less in diameter that are located within 28 - 2-
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1 CITY held easements or rights of way ("APPURTENANCES"). Together, DISTRICT 2 FACILITIES and APPURTENANCES are hereinafter called "PROJECT"; and 3 E. On or about September 13, 2016, DISTRICT and DEVELOPER entered 4 into a Right of Entry and Inspection Agreement that authorizes DEVELOPER to construct LINE 5 B. Pursuant to the Right of Entry and Inspection Agreement, DEVELOPER has commenced and 6 7 completed construction of LINE B; and
8 F. On or about December 4, 2017, DISTRICT and DEVELOPER entered into 9 a Right of Entry and Inspection Agreement that authorizes DEVELOPER to construct LINE B- 10 8, LINE C-7, LINE C-9 and LINE C-10. Pursuant to the Right of Entry and Inspection 11 Agreement, DEVELOPER has commenced construction of LINE B-8, LINE C-7, LINE C-9 and 12 LINE C-10; and
13 14 G. DEVELOPER and CITY desire DISTRICT to accept ownership and 15 responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore, 16 DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and 17 subsequently inspect the construction of DISTRICT FACILITIES; and 18 H. DEVELOPER and DISTRICT desire CITY to accept ownership and 19 responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must 20%
21 review and approve DEVELOPER's plans and specifications for PROJECT and subsequently 22 inspect and approve the construction of PROJECT; and 23 DISTRICT is willing to (i) review and approve DEVELOPER's plans and 24 specifications for PROJECT, (i) inspect the construction of DISTRICT FACILITIES, and (iii) 25 accept ownership and responsibility for the operation and maintenance of DISTRICT 26 FACILITIES, provided DEVELOPER (a) complies with this Agreement, (b) constructs 27 PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (c) 28 - 3-
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obtains and conveys to DISTRICT all rights of way necessary for the inspection, operation and maintenance of DISTRICT FACILITIES as set forth herein, and (d) accepts ownership and 3 responsibility for the operation and maintenance of PROJECT following completion of 4 PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES; and 6 J. CITY is willing to (i) review and approve DEVELOPER's plans and 7 8 specifications for PROJECT, (i) inspect the construction of PROJECT, (iii) accept and hold faithful performance and payment bonds submitted by DEVELOPER for DISTRICT 10 FACILITIES, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way subject to the terms of this Agreement, and (v) accept 12 ownership and responsibility for the operation and maintenance of APPURTENANCES, 13 provided DEVELOPER (a) complies with this Agreement, (b) constructs PROJECT in 14 15 accordance with DISTRICT and CITY approved plans and specifications, (c) obtains and 16 conveys to CITY all rights of way necessary for the inspection, operation and maintenance of 17 APPURTENANCES as set forth herein, and (d) accepts ownership and responsibility for the 18 operation and maintenance of PROJECT following completion of PROJECT construction until 19 such time as DISTRICT accepts ownership and responsibility for the operation and maintenance 20 of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation 21 22 and maintenance of APPURTENANCES.
23 NOW, THEREFORE, the parties hereto mutually agree as follows:
24 SECTION I
25 DEVELOPER shall:
26 27
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1 1. Prepare PROJECT plans and specifications, hereinafter called 2 "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and 3 submit to DISTRICT and CITY for their review and approval. 4 2. Continue to pay DISTRICT and CITY within thirty (30) days after receipt 5 of periodic billings from DISTRICT and CITY, any and all such amounts as are deemed 6 7 reasonably necessary by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated 8 with the review of IMPROVEMENT PLANS, review and approval of rights of way and 9 conveyance documents and with the processing and administration of this Agreement. 10 3. Deposit with DISTRICT (Attention: Business Office - Accounts 11 Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT 12 construction as set forth in Section I.8., the estimated cost of providing construction inspection 13 14 for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT in 15 accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any 16 amendments thereto, based upon the bonded value of DISTRICT FACILITIES. If at any time 17 the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with 18 DISTRICT, DEVELOPER shall pay such additional amounts), as deemed reasonably necessary 19 by DISTRICT to complete inspection of PROJECT, within thirty (30) days after receipt of billing 20 21 I from DISTRICT.
22 4. Deposit with CITY, at the time of providing written notice to DISTRICT 23 and CITY of the start of PROJECT construction as set forth in Section I.8., the estimated cost of 24 providing construction inspection for PROJECT, in an amount as determined and approved by 25 CITY in accordance with CITY's municipal code and regulations. If at any time the costs exceed 26 the deposit or are anticipated by CITY to exceed the deposit with CITY, DEVELOPER shall pay 27 28
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1 such additional amounts), as deemed reasonably necessary by CITY to complete inspection of 2 PROJECT, within thirty (30) days after receipt of billing from CITY. 3 Secure, at its sole cost and expense, all necessary licenses, agreements, 4 permits and rights of entry as may be needed for the construction, inspection, operation and 5 maintenance of PROJECT. DEVELOPER shall furnish DISTRICT and CITY, at the time of 6 7 providing written notice to DISTRICT of the start of construction as set forth in Section I.8., or 8 not less than twenty (20) days prior to recordation of the final map for Parcel Map No. 32269 or any phase thereof, whichever occurs first, with sufficient evidence of DEVELOPER having 10 secured such necessary licenses, agreements, permits and rights of entry, as determined and 11 approved by DISTRICT and CITY.
12 6. Furnish DISTRICT and CITY with copies of all permits, approvals or 13 14 agreements required by any federal, state or local resource and/or regulatory agency for the 15 construction, operation and maintenance of PROJECT. Such documents include but are not 16 limited to those issued by the U.S. Army Corps of Engineers, California Regional Water Quality 17 Control Board, California State Department of Fish and Wildlife, State Water Resources Control 18 Board and Western Riverside County Regional Conservation Authority ("REGULATORY 19 PERMITS").
20 7. Provide CITY, at the time of providing written notice to DISTRICT of the 21 22 start of construction as set forth in Section I.8., or not less than twenty (20) days prior to 23 recordation of the final map for Parcel Map No. 32269 or any phase thereof, whichever occurs 24 first, with faithful performance and payment bonds, each in the amount of one hundred percent 25 (100%) of the estimated cost for construction of DISTRICT FACILITIES as determined by 26 DISTRICT. The surety, amount and form of the bonds, shall be subject to approval of DISTRICT 27 and CITY. The bonds shall remain in full force and effect until DISTRICT FACILITIES are 28 - 6-
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accepted by DISTRICT as complete; at which time the bond amount may be reduced to five 2 percent (5%) for a period of one year to guarantee against any defective work, labor or materials. 3 8. Notify DISTRICT (Attention: Contract Services Section) and CITY in 4 writing at least twenty (20) days prior to the start of construction of PROJECT. Construction 5 6 shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and 7 CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to 8 commence construction of PROJECT.
9 9. Grant DISTRICT and CITY, by execution of this Agreement, the right to 10 enter upon DEVELOPER'S property where necessary and convenient for the purpose of gaining 11 access to and performing inspection service for the construction of PROJECT as set forth herein. 12 13 10. Obtain and provide DISTRICT (Attention: Right of Way Acquisition 14 Section), at the time of providing written notice to DISTRICT of the start of construction as set 15 forth in Section I.8., or not less than twenty (20) days prior to the recordation of the final map for 16 Parcel Map No. 32269, with duly executed Irrevocable Offers) of Dedication to the public for 17 flood control and drainage purposes, including ingress and egress, for the rights of way deemed 18 necessary by DISTRICT for the construction, inspection, operation and maintenance of 19 DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication shall be in a form approved 20 21 by DISTRICT and shall be executed by all legal and equitable owners of the property described 22 in the offers).
23 11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication 24 as set forth in Section I.10., with Preliminary Reports on Title dated not more than thirty (30) 25 days prior to date of submission of all the property described in the Irrevocable Offers) of 26 Dedication.
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1 12. Furnish DISTRICT and CITY, at the time of providing written notice to 2 DISTRICT and CITY of the start of construction as set forth in Section I.8., with a complete list 3 of all contractors and subcontractors to be performing work on PROJECT, including the 4 corresponding license number and license classification of each. At such time, DEVELOPER 5 shall further identify in writing its designated superintendent for PROJECT construction. 6 7 13. Furnish DISTRICT and CITY, at the time of providing written notice to 8 DISTRICT and CITY of the start of construction as set forth in Section I.8., a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER'S 10 contractor proposes to carry out the various parts of work, including estimated start and 11 completion dates. As construction of PROJECT progresses, DEVELOPER shall update said 12 construction schedule as requested by DISTRICT and/or CITY. 13 14 14. Furnish DISTRICT with final mylar plans for DISTRICT FACILITIES, and 15 assign their ownership to DISTRICT prior to the start on any portion of PROJECT construction. 16 15. Not permit any change to, or modification of, DISTRICT and CITY 17 approved IMPROVEMENT PLANS without the prior written permission and consent of 18 DISTRICT and CITY.
19 16. Comply with all Cal/OSHA safety regulations including, but not limited to, 20 regulations concerning confined space and maintain a safe working environment for 21 22 DEVELOPER, DISTRICT and CITY employees on the site. 23 17. Furnish DISTRICT and CITY, at the time of providing written notice to 24 DISTRICT of the start of construction as set forth in Section 1.8., with a confined space entry 25 procedure specific to PROJECT. The procedure shall comply with requirements contained in 26 California Code of Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 27 5157, Permit Required Confined Space and District Confined Space Procedures, SOM-18. The 28 - 8-
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1 procedure shall be reviewed and approved by DISTRICT and CITY prior to the issuance of a 2 Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT's and 3 CITY's approval.
4 18. DEVELOPER shall not commence operations until DISTRICT and CITY 5 have been furnished with original certificate(s) of insurance and original certified copies of 6 endorsements and if requested, certified original policies of insurance including all endorsements 8 and any and all other attachments as required in this section. 9 Without limiting or diminishing DEVELOPER's obligation to indemnify or 10 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 12 this Agreement:
13 14 A. Workers' Compensation:
15 If DEVELOPER has employees as defined by the State of California, 16 DEVELOPER shall maintain statutory Workers' Compensation 17 Insurance (Coverage A) as prescribed by the laws of the State of 18 California. Policy shall include Employers' Liability (Coverage B) 19 including Occupational Disease with limits not less than $1,000,000 20 21 per person per accident. Policy shall be endorsed to waive subrogation 22 in favor of DISTRICT, the County of Riverside ("COUNTY"), and 23 CITY.
24 B. Commercial General Liability:
25 Commercial General Liability insurance coverage, including but not 26 limited to, premises liability, unmodified contractual liability, 27 products and completed operations liability, personal and advertising 28 - 9-
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1 injury and cross liability coverage, covering claims which may arise 2 from or out of DEVELOPER's performance of its obligations 3 hereunder. Additionally, Commercial General Liability insurance no 4 less broad than ISO form CG 00 01. Policy shall name DISTRICT, 5 COUNTY and CITY and their agencies, districts, special districts and 6 departments, their respective directors, officers, Board of Supervisors, 7 8 employees, elected or appointed officials, agents or representatives as 9 additional insureds. Policy's limit of liability shall not be less than 10 $5,000,000 per occurrence combined single limit. If such insurance =
contains a general aggregate limit, it shall apply separately to this 12 Agreement or be no less than two (2) times the occurrence limit. 13 14 DISTRICT, COUNTY and CITY must be an additional insured for 15 liability arising out of ongoing and completed operations by or on 16 behalf of DEVELOPER. DISTRICT, COUNTY and CITY shall 17 continue to be an additional insured for completed operations for two 18 years after completion of the work. If DEVELOPER maintains higher 19 limits than the specified minimum limits, DISTRICT, COUNTY and 20 CITY requires and shall be entitled to coverage for the higher limits 21 22 maintained by DEVELOPER.
23 C. Vehicle Liability:
24 If DEVELOPER's vehicles or mobile equipment are used in the 25 performance of the obligations under this Agreement, then 26 DEVELOPER shall maintain liability insurance for all owned, non- 27 owned or hired vehicles so used in an amount not less than $1,000,000 28 - 10-
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1 per occurrence combined single limit. If such insurance contains a 2 general aggregate limit, it shall apply separately to this Agreement or 3 be no less than two (2) times the occurrence limit. Policy shall name 4 DISTRICT, COUNTY and CITY and their agencies, districts, special 5 districts and departments, their respective directors, officers, Board of 6 7 Supervisors, employees, elected or appointed officials, agents or 8 representatives as additional insureds.
9 D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by 11 DEVELOPER in connection with the performance of DEVELOPER's 12 obligations under this Agreement to maintain Professional Liability 13 14 Insurance providing coverage for the performance of their work 15 included within this Agreement, with a limit of liability of not less than 16 $2,000,000 per occurrence and $4,000,000 annual aggregate. 17 DEVELOPER shall require that, if such Professional Liability 18 Insurance is written on a claims made basis rather than an occurrence 19 basis, such insurance shall continue through the term of this 20 21 Agreement and that such architect or engineer shall purchase at such 22 architect or engineer's sole expense either 1) an Extended Reporting 23 Endorsement (also known as Tail Coverage); or 2) Prior Dates 24 Coverage from a new insurer with a retroactive date back to the date 25 of, or prior to the inception of this Agreement; or 3) demonstrate 26 through Certificates of Insurance that such architect or engineer has 27 maintained continuous coverage with the same or original insurer. 28 - 11-
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1 Coverage provided under items: 1), 2) or 3) shall continue for the term 2 specified in the insurance policy, which shall be reasonably acceptable 3 to DISTRICT and CITY.
4 E. General Insurance Provisions - All Lines:
5 i. Any insurance carrier providing insurance coverage hereunder 6 shall be admitted to the State of California and have an A.M. 7 8 BEST rating of not less than an A: VIII (A: 8) unless such 9 requirements are waived, in writing, by the County Risk 10 Manager and CITY. If the County Risk Manager and CITY 11 waive a requirement for a particular insurer such waiver is only 12 valid for that specific insurer and only for one policy term. 13 ii. DEVELOPER must declare its insurance self-insured retention 14 15 for each coverage required herein. If any such self-insured 16 retention exceeds $500,000 per occurrence each such retention 17 shall have the prior written consent of the County Risk 18 Manager and CITY before the commencement of operations 19 under this Agreement. Upon notification of self-insured 20 retention deemed unacceptable to DISTRICT or CITY and at 21 22 the election of CITY or the County Risk Manager,
23 DEVELOPER's carriers shall either: 1) reduce or eliminate 24 such self-insured retention with respect to this Agreement with 25 DISTRICT; or 2) procure a bond which guarantees payment of 26 losses and related investigations, claims administration, and 27 defense costs and expenses.
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ili. DEVELOPER shall cause their insurance carrier(s) or its 2 contractor's insurance carriers), to furnish DISTRICT and 3 CITY with 1) a properly executed original certificate(s) of 4 insurance and certified original copies of endorsements 5 6 effecting coverage as required herein; and 2) if requested to do 7 so orally or in writing by CITY or the County Risk Manager, 8 provide original certified copies of policies including all 9 endorsements and all attachments thereto, showing such 10 insurance is in full force and effect. Further, said certificate(s) 11 and policies of insurance shall contain the covenant of the 12 insurance carriers) that a minimum of sixty (60) days written 13 14 notice shall be given to DISTRICT and CITY prior to any 15 material modification, cancellation, expiration or reduction in 16 coverage of such insurance. If DEVELOPER insurance
17 carrier(s) policies does not meet the minimum notice 18 requirement found herein, DEVELOPER shall cause
19 DEVELOPER's insurance carrier(s) to furnish a 60 day Notice 20 21 of Cancellation Endorsement. In the event of a material 22 modification, cancellation, expiration or reduction in coverage, 23 this Agreement shall terminate forthwith, unless DISTRICT 24 and CITY receive, prior to such effective date, another 25 properly executed original certificate of insurance and original 26 copies of endorsements or certified original policies, including 27 all endorsements and attachments thereto, evidencing 28 - 13-
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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 4 endorsements for each policy and the certificate of insurance. 5 It is understood and agreed by the parties hereto that 6 DEVELOPER's insurance shall be construed as primary
8 insurance, and DISTRICT and CITY's insurance and/or
deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
11 V. If, during the term of this Agreement or any extension thereof, 12 there is a material change in the scope of services or there is a 13 material change in the equipment to be used in the performance 14 15 of the scope of work which will add additional exposures (such 16 as the use of aircraft, watercraft, cranes, etc.); or the term of 17 this Agreement, including any extensions thereof, exceeds five 18 (5) years, DISTRICT and CITY reserve the right to adjust the 19 types of insurance required under this Agreement and the 20 monetary limits of liability for the insurance coverages 21 22 currently required herein, if, in CITY's or the County Risk 23 Manager's reasonable judgment, the amount or type of 24 insurance carried by DEVELOPER has become inadequate. 25 DEVELOPER shall pass down the insurance obligations
vi.
26 contained herein to all tiers of subcontractors working under 27 this Agreement.
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1 vii. The insurance requirements contained in this Agreement may 2 be met with a programs) of self-insurance acceptable to 3 DISTRICT and CITY.
4 vili. DEVELOPER agrees to notify DISTRICT and CITY of any
5. 6 claim by a third party or any incident or event that may give 7 rise to a claim arising from the performance of this Agreement. 8 Failure to maintain the insurance required by this paragraph shall be deemed 9 a material breach of this Agreement and shall authorize and constitute authority for DISTRICT 10 and CITY, at their sole discretion, to provide written notice to DEVELOPER that either 11 DISTRICT or CITY are able to perform their obligations hereunder, nor to accept responsibility 12 for ownership, operation and maintenance of PROJECT due, either in whole or in part, to said 13 14 breach of this Agreement.
15 19. Construct or cause to be constructed, PROJECT at DEVELOPER's sole cost 16 and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS. 17 20. Within two (2) weeks of completing PROJECT construction, provide 18 DISTRICT (Attention: Construction Management Section) and CITY with written notice that 19 PROJECT construction is substantially complete and requesting that DISTRICT conduct a final 20 21 inspection of DISTRICT FACILITIES and CITY conduct a final inspection of PROJECT. 22 21. Upon completion of PROJECT construction, and upon acceptance by CITY 23 of all rights of way deemed necessary by DISTRICT and CITY for the operation and maintenance 24฿
of PROJECT, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, 25 operation and maintenance, convey, or cause to be conveyed to DISTRICT the flood control 26 easements), including ingress and egress, for the rights of way, as shown in concept in grey on 27 28 Exhibit "C" attached hereto and made a part hereof. - 15 -
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22. At the time of recordation of the conveyance documents) as set forth in 2 Section I.2l., furnish DISTRICT with policies of title insurance, each in the amount of not less 3 than (i) fifty percent (50%) of the estimated fee value as determined by DISTRICT, for each 4 easement parcel to be conveyed to DISTRICT, or (i) one hundred percent (100%) of the 5 estimated value, as determined by DISTRICT, for each fee parcel to be conveyed to DISTRICT, 6 7 guaranteeing DISTRICTs interest in said property as being free and clear of all liens, 8 encumbrances, assessments, easements, taxes and leases (recorded or unrecorded) and except those which, in the sole discretion of DISTRICT, are acceptable.. 10 23. Accept ownership and sole responsibility for the operation and maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility for the 12 operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and 13 14 responsibility for the operation and maintenance of APPURTENANCES. Further, it is mutually 15 understood by the parties hereto that prior to DISTRICT acceptance of ownership and 16 responsibility for the operation and maintenance of DISTRICT FACILITIES, PROJECT shall 17 be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to 18 the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an 19 acceptable condition, corrections shall be made at sole expense of DEVELOPER. Similarly, it 20 is mutually understood by the parties hereto that prior to CITY acceptance of ownership and 21 22 responsibility for the operation and maintenance of APPURTENANCES, PROJECT shall be in 23 a satisfactorily maintained condition as solely determined by CITY. If, subsequent to the 24 inspection and in the sole discretion of CITY, APPURTENANCES are not in an acceptable 25 condition, corrections shall be made at sole expense of DEVELOPER. 26 24. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 27 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable 28 - 16 -
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attorneys' fees and acknowledge that, upon entry of judgment, all such costs, expenses and fees 2 shall be computed as costs and included in any judgment rendered 3 25. Upon completion of PROJECT construction, but prior to DISTRICT 4 acceptance of DISTRICT FACILITIES for ownership, operation and maintenance and CITY 5 6 acceptance of APPURTENANCES for ownership, operation and maintenance, provide or cause 7 its civil engineer of record or construction civil engineer of record, duly registered in the State of 8 California, to provide DISTRICT and CITY with a redlined "record drawings" copy of PROJECT 9 plans. After DISTRICT and CITY approval of the redlined "record drawings", DEVELOPER'S 10 engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's 11 original mylars at DISTRICT's office, after which the engineer shall review, stamp and sign the 12 original PROJECT engineering plans "record drawings". 13 14 26. Ensure that all work performed pursuant to this Agreement by 15 DEVELOPER, its agents or contractors is done in accordance with all applicable laws and 16 regulations, including but not limited to all applicable provisions of the Labor Code, Business 17 and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs 18 associated with compliance with applicable laws and regulations. 19 SECTION II
20 21 DISTRICT shall:
22 1. Review IMPROVEMENT PLANS and approve when DISTRICT has 23 determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT 24 prior to the start of PROJECT construction.
25 2. Provide CITY an opportunity to review and approve IMPROVEMENT 26 PLANS prior to DISTRICT's final approval.
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1 3. 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. 3 4. Record or cause to be recorded, the Irrevocable Offers) of Dedication 4 provided by DEVELOPER pursuant to Section I.10.
5 5. Inspect construction of DISTRICT FACILITIES.
6 7 6. Keep an accurate accounting of all DISTRICT costs associated with the 8 review and approval of IMPROVEMENT PLANS, the review and approval of right of way and 9 conveyance documents, and the processing and administration of this Agreement. 10 7. Keep an accurate accounting of all DISTRICT construction inspection costs, 11 and within forty-five (45) days after DISTRICT acceptance of DISTRICT FACILITIES as being 12 complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section 13 14 1.3., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within 15 sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete. 16 8. Accept ownership and sole responsibility for the operation and maintenance = of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in 18 accordance with Section I.20., (ii) DISTRICT acceptance of PROJECT construction as being 19 complete, (iii) DISTRICT receipt of stamped and signed "record drawings" of PROJECT plans, 20 as set forth in Section I.25., (iv) recordation of all conveyance documents described in Section 21 22 I.21., (v) CITY acceptance of all necessary street rights of way as deemed necessary by 23 DISTRICT and CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES 24 and APPURTENANCES, (vi) CITY acceptance of APPURTENANCES for ownership, 25 operation, and maintenance, and (vii) DISTRICT's sole determination that DISTRICT 26 FACILITIES are in a satisfactorily maintained condition. 27 28
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9. Provide CITY with a reproducible duplicate copy of the "record drawings" 2 of PROJECT plans upon DISTRICT acceptance of DISTRICT FACILITIES as being complete. 3 SECTION III
4 CITY shall:
5 6 1. Review and approve IMPROVEMENT PLANS prior to the start of 7 I PROJECT construction.
8 2. Accept CITY and DISTRICT approved faithful performance and payment 9 bonds submitted by DEVELOPER as set forth in Section I.7., and hold said bonds as provided 10 herein.
11 3. Inspect PROJECT construction.
12 4. Consent, by execution of this Cooperative Agreement, to the recording of 13 14 any Irrevocable Offers) of Dedication furnished by DEVELOPER pursuant to this Cooperative 15 Agreement.
16 5. As requested by DISTRICT, accept the Irrevocable Offers) of Dedication 17 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 18 inspection, operation and maintenance of DISTRICT FACILITIES, and, convey sufficient rights 19 of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain DISTRICT 20 21 FACILITIES.
22 6. Grant DISTRICT, by execution of this Agreement, the right to construct, 23 inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way. 24 7. Accept ownership and sole responsibility for the operation and maintenance 25 of APPURTENANCES upon (i) CITY inspection of PROJECT in accordance with Section 1.20., 26 (ii) CITY and DISTRICT acceptance of PROJECT construction as being complete, (iii) CITY 27 28 receipt of stamped and signed "record drawings" of PROJECT plans, as set forth in Section I.25., - 19 -
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(iv) CITY acceptance of all necessary street rights of way as deemed necessary by DISTRICT 2 and CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES and 3 APPURTENANCES, (v) DISTRICT acceptance of DISTRICT FACILITIES for ownership, 4 operation, and maintenance, and (vi) CITY's sole determination that PROJECT is in a 5 satisfactorily maintained condition.
6 7 8. Not grant any occupancy permits for any units within any portion of Parcel 8 Map No. 32269, or any phase thereof, until construction of PROJECT is complete, unless 9 otherwise approved in writing by DISTRICT.
10 9. Notwithstanding any of the foregoing, prior to accepting ownership of 11 APPURTENANCES, PROJECT shall be in a satisfactorily maintained condition as solely 12 determined by CITY. If, subsequent to the inspection and, in the sole discretion of CITY, 14 APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense 15 of DEVELOPER.
10. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers 18 located within CITY rights of way which must be performed at such time(s) that the finished 19 grade along and above the underground portions of DISTRICT FACILITIES are improved, 20 repaired, replaced or changed. It being further understood and agreed that any such adjustments 21 22 shall be performed at no cost to DISTRICT.
23 SECTION IV
24 It is further mutually agreed:
25 1. All work involved with PROJECT shall be inspected by DISTRICT and 26 CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writing 27 28
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1 that construction is completed in accordance with DISTRICT and CITY approved 2 IMPROVEMENT PLANS.
3 2. CITY and DEVELOPER personnel may observe and inspect all work being 4 done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely 5 6 responsible for all quality control communications with DEVELOPER's contractor(s) during the 7 construction of PROJECT.
8 3. DEVELOPER shall complete construction of PROJECT within twelve (12) 9 consecutive months after execution of this Agreement and within one hundred twenty (120) 10 consecutive calendar days after commencing work on PROJECT. It is expressly understood that 11 since time is of the essence in this Agreement, failure of DEVELOPER to perform the work 12 within the agreed upon time shall constitute authority for DISTRICT to perform the remaining 13 14 work and require DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In 15 which case, CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred. 16 4. If DEVELOPER fails to commence construction of PROJECT within nine 17 (9) months after execution of this Cooperative Agreement, then DISTRICT reserves the right to 18 withhold issuance of the Notice to Proceed pending a review of the existing site conditions as 19 they exist at the time DEVELOPER provides written notification to DISTRICT of the start of 20 21 construction as set forth in Section I.8. In the event of a change in the existing site conditions 22 that materially affects PROJECT function or DISTRICT's ability to operate and maintain 23 DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT 24 PLANS as deemed necessary by DISTRICT.
25 5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed 26 within twenty (20) days of receipt of DEVELOPER's complete written notice, as set forth in 27 28
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1 Section I.8.; however, DISTRICT's construction inspection staff is limited and, therefore, the 2 issuance of a Notice to Proceed is subject to staff availability. 3 In the event DEVELOPER wishes to expedite issuance of a Notice to 4 Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation 6 7 of the individual's credentials and experience to DISTRICT for review and if appropriate, 8 approval. DISTRICT shall review the individual's qualifications and experience and upon 9 approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be 10 authorized to act on DISTRICT's behalf on all PROJECT construction and quality control 11 matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section 12 1.3., exceeds ten thousand dollars ($10,000), DISTRICT shall refund to DEVELOPER up to 13 eighty percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) days of 14 15 DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of ten thousand 16 dollars ($10,000) shall be retained on account.
17 6. PROJECT construction work shall be on a five (5) day, forty (40) hour work 18 week with no work on Saturdays, Sundays or DISTRICT designated legal bolidays, unless 19 otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work more 20 than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a written 21 22 request for permission to DISTRICT and CITY to work the additional hours. The request shall 23 be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to the requested 24 additional work hours and state the reasons for the overtime and the specific time frames required. 25 The decision of granting permission for overtime work shall be made by DISTRICT at its sole 26 discretion and shall be final. If permission is granted by DISTRICT, DEVELOPER will be 27 charged the cost incurred at the overtime rates for additional inspection time required in 28 - 22 -
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1 connection with the overtime work in accordance with Ordinance Nos. 671 and 749, including 2 any amendments thereto, of the County of Riverside.
3 7. DEVELOPER shall indemnify and hold harmless DISTRICT, County of 4 Riverside, and CITY (including their respective governing bodies, agencies, districts, special 5 6 districts and departments, their respective directors, officers, Board of Supervisors, elected and 7 appointed officials, employees, agents and representatives) from any liability, claim, damage, 8 proceeding or action, present or future, based upon, arising out of or in any way relating to 9 DEVELOPER's (including its officers, employees, subcontractors and agents) actual or alleged 10 acts or omissions related to this Agreement, performance under this Agreement, or failure to 11 comply with the requirements of this Agreement, including but not limited to: (a) property 12 damage; (b) bodily injury or death; (c) liability or damage pursuant to Article I, Section 19 of the 13 14 California Constitution, the Fifth Amendment of the United States Constitution or any other law, 15 ordinance or regulation caused by the diversion of waters from the natural drainage patterns or 16 the discharge of drainage within or from PROJECT; or, (d) any other element of any kind or 17 nature whatsoever.
18 DEVELOPER shall defend, at its sole expense, including all costs and fees 19 (including but not limited to attorney fees, cost of investigation, defense and settlements or 20 21 awards), DISTRICT and County of Riverside (including their respective governing bodies, 22 agencies, districts, special districts, departments, their respective directors, officers, Board of 23 Supervisors, elected and appointed officials, employees, agents and representatives) in any claim, 24 proceeding or action for which indemnification is required. 25 With respect to any of DEVELOPER's indemnification requirements, 26 DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and shall 27 28 have the right to adjust, settle, or compromise any such claim, proceeding or action without the - 23-
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1 prior consent of DISTRICT and County of Riverside; provided, however, that any such 2 adjustment, settlement or compromise in no manner whatsoever limits or circumscribes 3 DEVELOPER's indemnification obligations to DISTRICT or County of Riverside. 4 DEVELOPER's indemnification obligations shall be satisfied when 5 DEVELOPER has provided to DISTRICT and County of Riverside the appropriate form of 6 7 dismissal (or similar document) relieving DISTRICT or County of Riverside from any liability 8 for the claim, proceeding or action involved.
DEVELOPER shall also defend, at its sole expense, including all costs and 10 fees (including but not limited to attorney fees, cost of investigation, defense and settlements or 11 awards), CITY (including its agencies, governing bodies, directors, officers, elected and 12 appointed officials, employees, agents and representatives) in any claim proceeding or action for 13 14 which indemnification is required. Failure by DEVELOPER to pay such attorneys' fees and costs 15 may be treated as an abandonment of PROJECT and as a default of DEVELOPER's obligations 16 under this Agreement.
17 DEVELOPER's indemnification obligations shall be satisfied when 18 DEVELOPER has provided to CITY the appropriate form of dismissal (or similar document) 19 relieving CITY from any liability for the claim, proceeding or action involved, and CITY 20 determines that the form of dismissal is adequate in its sole and absolute discretion. 21 22 Notwithstanding the foregoing, DEVELOPER shall enter into no settlement agreement or final 23 resolution of any pending claim covered under this section, without the CITY's prior written 241 approval.
25 The specified insurance limits required in this Agreement shall in no way 26 limit or circumscribe DEVELOPER's obligations to indemnify and hold harmless DISTRICT, 27 County of Riverside and CITY from third party claims. 28 - 24 -
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1 In the event there is conflict between this section and California Civil Code 2 Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782. 3 Such interpretation shall not relieve DEVELOPER from indemnifying DISTRICT, County of 4 Riverside or CITY to the fullest extent allowed by law. 6 DEVELOPER for itself, its successors and assigns hereby releases 7 DISTRICT, County of Riverside and CITY (including their agencies, districts, special districts and departments, their respective directors, officer, Board of Supervisors, elected and appointed 9 officials, employees, agents and representatives) from any and all claims, demands, actions, or 10 suits of any kind arising out of any liability, known or unknown, present or future, including but 11 not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the 12 California Constitution, the Fifth Amendment of the United States Constitution, or any other law 13 14 or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused 15 by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute 16 a release by DEVELOPER of DISTRICT, or the County of Riverside, or their officers, agents 17 and employees from any and all claims, demands, actions or suits of any kind arising out of any 18 liability, known or unknown, present or future, for the negligent maintenance of DISTRICT 19 FACILITIES, after the acceptance of ownership, operation and maintenance of DISTRICT 20 21 FACILITIES by DISTRICT.
22 10. Any waiver by DISTRICT or by CITY of any breach of any one or more of 23 the terms of this Agreement shall not be construed to be a waiver of any subsequent or other 24 breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to 25 require exact, full and complete compliance with any terms of this Agreement shall not be 26 construed as, in any manner, changing the terms hereof, or estopping DISTRICT or CITY from 27 enforcement hereof.
28 - 25 -
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1 11. This Agreement is to be construed in accordance with the laws of the State 2 of California. If any provision in this Agreement is held by a court of competent jurisdiction to 3 be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect 4 without being impaired or invalidated in any way.
5 12. Any and all notices sent or required to be sent to the parties of this 6 7 Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
8 RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29714 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Public Works Manager
10 Attn: Contract Services Section
SUTTER MITLAND 01 LLC
12 3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
13 Attn: David E. Bartlett
14 13. Any action at law or in equity brought by any of the parties hereto for the 15 purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of 16 17 competent jurisdiction in the County of Riverside, State of California, and the parties hereto 18 waive all provisions of law providing for a change of venue in such proceedings to any other 19 county.
20 14. This Agreement is the result of negotiations between the parties hereto, and 21 the advice and assistance of their respective counsel. The fact that this Agreement was prepared 22 as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty 23 or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT 24 25 prepared this Agreement in its final form.
26 15. The rights and obligations of DEVELOPER shall inure to and be binding 27 upon all heirs, successors and assignees.
28 - 26-
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1 16. DEVELOPER shall not assign or otherwise transfer any of its rights, duties 2 or obligations hereunder to any person or entity without the written consent of the other parties 3 hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER 4 expressly understands and agrees that it shall remain liable with respect to any and all of the 5 6 obligations and duties contained in this Agreement. 7 17. The individual(s) executing this Agreement on behalf of DEVELOPER 8 certify that they have the authority within their respective company(ies) to enter into and execute 9 this Agreement, and have been authorized to do so by all boards of directors, legal counsel, and/or 10 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 18. This Agreement is intended by the parties hereto as a final expression of 13 14 their understanding with respect to the subject matter hereof and as a complete and exclusive 15 statement of the terms and conditions thereof and supersedes any and all prior and 16 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. 18 //
19 20
21 22
23 24
25 26
27 28
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 2 FEB & 7 2018
(to be filled in by Clerk of the Board)
3 4
RIVERSIDE COUNTY FLOOD CONTROL
5 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT 6 7
By
8 JASON E. UHLE) MARION ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water 9 Conservation District Board of Supervisors
10 APPROVED AS TO FORM: ATTEST:
12 GREGORY P. PRIAMOS KECIA HARPER-IHEM
County Counsel Clerk of the Board
13 14 Mh-D darengton
LEILA MOSHREF-DANESH Deputy
Deputy County Counsel
(SEAL)
17 18
20 21
22 23 Salt Creek - Westward Circle Storm Drain, Stage 1 24 Salt Creek - Whispering Way Storm Drain, Stage 1
Salt Creek - Destry Drive Storm Drain, Stage 1
Salt Creek - Audie West Storm Drain, Stage 1
25 Salt Creek - Salt Creek Channel Line B, Stage 2
26 Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269
12/13/17
27 AMR:blm
28 - 28-
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1 RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
2 3
By By Kipple.
4 JONATHAN SMITH
Public Works Director
5 City Manager
7 APPROVED AS TO FORM: ATTEST:
8 9
10 11 HEF MELCHING
City Attorney
12 13
14 (SEAL)
15 16
17 18
19 20
21 22 Cooperative Agreement for
Salt Creek - Westward Circle Storm Drain, Stage 1
23 Salt Creek - Whispering Way Storm Drain, Stage 1
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269
12/13/17
AMR:blm
27 28
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SUTTER MITLAND 01 LLC
2 a Delaware limited liability company
By: Brookfield Southern California Land LLC
a Delaware limited liability company
its Sole Member
DAVID E. BARTLETT
Vice President
9 nebuilla
By:
10 RICHARD T. WHITNEY
Chief Financial Officer
11 12
(ATTACH NOTARY WITH CAPACITY STATEMENT)
13 14
15 16
17 18
19 20
21 22
23 Cooperative Agreement for
Salt Creek - Westward Circle Storm Drain, Stage 1
24 Salt Creek - Whispering Way Storm Drain, Stage 1
Salt Creek - Destry Drive Storm Drain, Stage 1
25 Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek - Salt Creek Channel Line B, Stage 2
26 Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269
27 12/13/17
AMR:blm
28 - 30-
A notary public or other officer completing
this certificate verified 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
SS.
COUNTY OF Orange
On Januan 10 2018, before me, Meagan Knecht
_ Notary Public, personally appeared David. E.Bartet a Zuchard TWa - 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 hister/their authorized capacity(ies) and that by his her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MEAGAN KNECHT
COMM.#2117799
Notary Public-Callfomia Notaly Public
ORANGE COUNTY
My Comm. Exp. JUNE 28, 2019
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCELS 1 THROUGH 13, INCLUSIVE OF PARCEL MAP 32269, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 221, PAGES 13 THROUGH 24, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM PARCELS 9 AND 12 HEREIN, THOSE PORTIONS INCLUDED WITHIN TRACT MAP NO.36485-1, ON FILE IN BOOK 451, PAGES 81 THROUGH 86, AND TRACT MAP NO. 31822-1 ON FILE IN BOOK 452, PAGES 32 THROUGH 38, ALL INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29, 1990 AS DOCUMENT NO. 396657 OF OFFICIAL RECORDS.
PARCEL B:
LOTS 1 THROUGH 73 AND LETTERED LOTS) "A" THROUGH "I", ALL INCLUSIVE OF TRACT 36485-1, IN
THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 451, PAGES 81 THROUGH 86, ALL INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29, 1990 AS DOCUMENT NO. 396657 OF OFFICIAL RECORDS.
PARCEL C:
LOTS 1 THROUGH 70 AND LETTERED LOTS) "A" THROUGH "F", ALL INCLUSIVE OF TRACT MAP NO. 31822-1, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 452, PAGES 32 THROUGH 38, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Salt Creek - WhiperinE Way Som Drain, Sage 1
Salt Creek - Destry Drive Storm Drain, Stage
alt Creek - Audie West Storm Drain, Stage
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND
ALL OTHER MINERALS WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT
MAY BE PRODUCED FROM SAID PROPERTY, AS RESERVED BY HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 29, 1990 AS APN(S): 341-200-011-0 (PORTION); 358-070-010-0 (PORTION)
COOPERATIVE AGREEMENT
Salt Creek - Westward Circle Storm Drain, Stage 1
Salt Creek - Whispering Way Storm Drain, Stage 1
alt Creek - Destry Drive Storm Drain, Stage
Salt Creek - Audie West Storm Drain. Stage
Salt Creek - Salt Creek Channel Line B, Stage 2
Project Nos. 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269
Exhibit B
LAE CI
I Detiry,)
Salt Creek Channel
Aude Murphy lit Normandy
die Murphy Rd:
COOPERATIVE AGREEMENT
Salt Crock - Salt Crook Channel Line B, Stage 2
Project Nos. 4-0-00371, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00362
Parcel Map No. 32269
Pase 1 of 1
Exhibit C
WHISPERING Hi
PINES ORCLE
TR 36485-3
TR 36485-2
ALIDIE MURPHY
ROAD SOUIH
IN 5
SIORMDRAN
TR 31822-1
TR 36485-1 (RECORDED)
(RECORDED)
SALT CREEK
COOPERATIVE AGREEMENT
Salt Creek - Westward Cirde Storm Drain, Stage 1
Salt Creek - Whispering Way Storm Drain, Stage 1
Salt Creek - Destry Drive Storm Drain, Stage 1
Salt Creek - Audie West Storm Drain, Stage 1
Salt Creek - Salt Crock Channel Line B, Stage 2
Project Nos 4-0-00377, 4-0-00378, 4-0-00379, 4-0-00380 and 4-0-00382 Parcel Map No. 32269