Menifee City Council
September 18, 2024

2 3
5 9
On January 17, 2024, the City entered into a Cooperative Agreement (“Original Agreement”) with Caltrans for the PA&ED, PS&E, and ROW phases for the Project. The Original Agreement outlines the responsibilities and roles of each agency for the duration of the Project, from planning through construction, to ensure the City is adhering to Caltrans’ established standards, policies, and requirements. Cooperative agreements are a requirement when agencies propose to develop projects of this magnitude within Caltrans’ ROW.

When the Original Agreement was initially presented to City Council, the Project was funded solely through local funds. In August of 2024, Caltrans notified staff that the Project was selected to receive federal funding for the PA&ED phase in the amount of $2.2 million through the Community Project Funding/Congressionally Directed Spending (CPFCDS) program. As a result of the City’s opportunity to receive federal funding for the Project, Caltrans now requires revisions to the Original Agreement to incorporate all funding sources into the agreement language.

The Funding Summary section of the attached Revised Cooperative Agreement (“Revised Agreement”) includes an updated table reflecting the addition of the federal CPFCDS funding for the PA&ED phase of the Project. Caltrans requires that the Original Agreement be terminated through a Cooperative Agreement Termination Statement prior to releasing or processing a final Revised Agreement to the City for signature.

In an effort to ensure Project design progress continues in a timely manner, the draft Revised Agreement has been provided for City Council’s consideration to approve “as to form”. No substantial changes are anticipated for the Revised Agreement beyond the insertion of the federal funding into the Funding Summary section stated above. If the Revised Agreement is approved as to form, additional authorization for the City Manager to enter into the final Revised Agreement would further ensure that the Project design work continues in a timely manner.

Execution of the attached Caltrans Cooperative Agreement Termination Statement, and subsequent execution of the final Revised Agreement, is required to receive reimbursement through the CPFCDS program and to streamline progress toward the next phases of design for the Project. Upon full execution of the Revised Agreement, staff would return to a future meeting for City Council consideration to appropriate the CPFCDS funds to the Project.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with termination of the Original Agreement or execution of the Revised Agreement with Caltrans.

ATTACHMENTS

1. Project Location Map

2. Cooperative Agreement Termination Statement

3. Draft Revised Cooperative Agreement - Caltrans

4. Original Cooperative Agreement - Caltrans
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 2

Menifee Mayor and City Council
September 18, 2024
Page
340 of 556

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\GarbaniRd_215Interchange\GarbaniRd_215Interchange.aprx Date: 11/16/2023 Garbani Road/I-215 Interchange (CIP 20-05)
Project Location Map
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 3

Menifee Mayor and City Council
September 18, 2024
Page
341 of 556

08-RIV-215-15.5/17.5
EA 1L930
Project ID 0821000037
Agreement 08-1779
1 COOPERATIVE AGREEMENT

TERMINATION STATEMENT

PARTIES agree that Cooperative Agreement 08-1779 (AGREEMENT) and any Amendments to this Agreement are terminated in writing by PARTIES’ mutual consent.

The final signature date on this document terminates the AGREEMENT except survival articles.

All survival articles in the AGREEMENT will remain in effect until expired by law, terminated or modified in writing by PARTIES’ mutual agreement, whichever occurs first.

SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

By:

Catalino A. Pining III
District Director

Date:_________________________

CITY OF MENIFEE

By: ____________________________
Armando G. Villa
City Manager

Date: __________________________

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 4

Menifee Mayor and City Council
September 18, 2024
Page
342 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 1
DRAFT

COOPERATIVE AGREEMENT COVER SHEET
Work Description

CONSTRUCTION OF A FREEWAY INTERCHANGE, CONSISTING OF AN EAST-WEST OVERHEAD STRUCTURE OVER THE I-215 CONNECTING THE EAST AND WEST

SEGMENTS OF GARBANI ROAD, AND THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND ON AND OFF RAMPS TO THE I-215. THE PROJECT WILL ALSO

REALIGN ANTELOPE ROAD TO ACCOMMODATE THE INTERCHANGE, WIDEN THE

EAST SEGMENT OF GARBANI ROAD, AND CONSTRUCT A MISSING SECTION OF THE WEST SEGMENT OF GARBANI ROAD BETWEEN HAUN ROAD AND THE I-215 Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Dalia Alarkan, Project Manager
464 W. Fourth Street
San Bernardino, CA 92401
Office Phone: (909) 746-3554
Email: [email protected]

CITY OF MENIFEE
Carlos Geronimo, Engineering Manager
29844 Haun Road
Menifee, CA 92586
Office Phone: (951) 723-3722
Email: [email protected]
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 5

Menifee Mayor and City Council
September 18, 2024
Page
343 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 2
DRAFT
Table of Contents
COOPERATIVE AGREEMENT COVER SHEET .........................................................................................1 Work Description..........................................................................................................................................1 Contact Information......................................................................................................................................1 CALTRANS.............................................................................................................................................1 CITY OF MENIFEE ................................................................................................................................1 COOPERATIVE AGREEMENT .....................................................................................................................4 RECITALS........................................................................................................................................................4 RESPONSIBILITIES........................................................................................................................................5 Sponsorship...................................................................................................................................................5 Implementing Agency...................................................................................................................................6 Funding .........................................................................................................................................................7 CALTRANS' Quality Management..............................................................................................................7 CEQA/NEPA Lead Agency..........................................................................................................................8 Environmental Permits, Approvals and Agreements....................................................................................8 Project Approval and Environmental Document (PA&ED).........................................................................9 California Environmental Quality Act (CEQA).......................................................................................9 National Environmental Policy Act (NEPA) .........................................................................................10 Plans, Specifications, and Estimate (PS&E)...............................................................................................11 RIGHT-OF-WAY.......................................................................................................................................12 Schedule......................................................................................................................................................14 Additional Provisions .................................................................................................................................14 Standards ................................................................................................................................................14 Noncompliant Work ...............................................................................................................................14 Qualifications .........................................................................................................................................14 Consultant Selection...............................................................................................................................15 Encroachment Permits............................................................................................................................15 Protected Resources................................................................................................................................15 Disclosures .............................................................................................................................................15 Hazardous Materials...............................................................................................................................15 Claims.....................................................................................................................................................16 Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 6

Menifee Mayor and City Council
September 18, 2024
Page
344 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 3
DRAFT
Accounting and Audits...........................................................................................................................17 Interruption of Work...............................................................................................................................18 Penalties, Judgments and Settlements ....................................................................................................18 Project Files............................................................................................................................................18 GENERAL CONDITIONS.............................................................................................................................18 Venue..........................................................................................................................................................18 Exemptions .................................................................................................................................................19 Indemnification...........................................................................................................................................19 Non-parties..................................................................................................................................................19 Ambiguity and Performance.......................................................................................................................20 Defaults.......................................................................................................................................................20 Dispute Resolution......................................................................................................................................20 Prevailing Wage..........................................................................................................................................20 FUNDING SUMMARY .................................................................................................................................22 Funding .......................................................................................................................................................24 Invoicing and Payment ...............................................................................................................................25 Project Approval and Environmental Document (PA&ED) ..................................................................25 Plans, Specifications, and Estimate (PS&E) ..........................................................................................25 Right-of-Way (R/W) Support.................................................................................................................25 Right-of-Way (R/W) Capital..................................................................................................................25 SIGNATURES................................................................................................................................................26 Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 7

Menifee Mayor and City Council
September 18, 2024
Page
345 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 4
DRAFT

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Menifee, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as City.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT,CONSTRUCTION OF A FREEWAY INTERCHANGE, CONSISTING OF AN EAST-WEST OVERHEAD STRUCTURE OVER THE I-215 CONNECTING

THE EAST AND WEST SEGMENTS OF GARBANI ROAD, AND THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND ON AND OFF RAMPS TO THE I-215. THE PROJECT

WILL ALSO REALIGN ANTELOPE ROAD TO ACCOMMODATE THE INTERCHANGE, WIDEN

THE EAST SEGMENT OF GARBANI ROAD, AND CONSTRUCT A MISSING SECTION OF THE WEST SEGMENT OF GARBANI ROAD BETWEEN HAUN ROAD AND THE I-215, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).

3. On February 28th, 2024 PARTIES entered into Agreement 08-1779 CONSTRUCTION OF A

FREEWAY INTERCHANGE, CONSISTING OF AN EAST-WEST OVERHEAD STRUCTURE OVER THE I-215 CONNECTING THE EAST AND WEST SEGMENTS OF GARBANI ROAD,

AND THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND ON AND OFF RAMPS TO THE I-215. THE PROJECT WILL ALSO REALIGN ANTELOPE ROAD TO

ACCOMMODATE THE INTERCHANGE, WIDEN THE EAST SEGMENT OF GARBANI

ROAD, AND CONSTRUCT A MISSING SECTION OF THE WEST SEGMENT OF GARBANI ROAD BETWEEN HAUN ROAD AND THE I-215. ("AGREEMENT 08-1779")

4. PARTIES have agreed to enter into this AGREEMENT to replace AGREEMENT 08-1779 to complete the work and convert the Quality Management Assessment (QMA) only agreement within AGREEMENT 08-1779 by adding the funding summary for financial obligations to define roles and responsibilities.

5. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 8

Menifee Mayor and City Council
September 18, 2024
Page
346 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 5
DRAFT
•PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
•PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
•RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

6. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

7. No PROJECT deliverables have been completed prior to this AGREEMENT.

8. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

9. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

10. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 9

Menifee Mayor and City Council
September 18, 2024
Page
347 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 6
DRAFT
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

11. City is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

12. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. •City is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). •City is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. •City is the RIGHT-OF-WAY IMPLEMENTING AGENCY.

RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of- way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

13. City will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

14. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

15. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 10

Menifee Mayor and City Council
September 18, 2024
Page
348 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 7
DRAFT

16. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.

17. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

18. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

19. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS' Quality Management

20. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

21. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that City's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

22. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

23. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-ser/volume- 1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

24. City will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 11

Menifee Mayor and City Council
September 18, 2024
Page
349 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 8
DRAFT

25. City, including any employee, agent, consultant or sub-consultant retained by the City, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the "Final Caltrans Environmental Records Retention Policy", available at https://dot.ca.gov/-/media/dot- media/programs/environmental-analysis/documents/ser/nepa-recordretention-policy-final-a11y.pdf.

These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS' written request.

CEQA/NEPA Lead Agency

26. CALTRANS is the CEQA Lead Agency for the PROJECT.

27. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

28. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT.

29. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

30. It is expected that the PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
404 US Army Corps of Engineers
401 Regional Water Quality Control Board
State Waste Discharge Requirements (Porter Cologne)/Regional Water Quality Control Board
1602 California Department of Fish & Wildlife
Air Quality Permits
Project Approval and Environmental Document (PA&ED)

31. As the PA&ED IMPLEMENTING AGENCY, City is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 12

Menifee Mayor and City Council
September 18, 2024
Page
350 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 9
DRAFT

32. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If
Applicable)

AGREEMENT
Funded Cost
100.10.10.xx Quality Management NO
165.15.15.xx Essential Fish Habitat Consultation NO
165.15.15.xx Section 7 Consultation NO
165.25.25 Approval to Circulate Resolution NO
175.20 Project Preferred Alternative NO
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and
Approval
NO
180.10.05.45 Section 7 Consultation NO
180.15.05 Record of Decision (NEPA) NO
180.15.10 Notice of Determination (CEQA) NO

33. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

34. City will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

35. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and City will use, a letter template and a list of California Native American tribes requesting notification. City will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.

36. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

37. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

38. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

39. City will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

40. The CEQA Lead Agency will attend all CEQA-related public meetings.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 13

Menifee Mayor and City Council
September 18, 2024
Page
351 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 10
DRAFT

41. City will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow City to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.

42. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

National Environmental Policy Act (NEPA)

43. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.

CALTRANS, as the NEPA Lead Agency for the PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.

44. Any PARTY involved in the preparation of NEPA documentation will follow Federal Highway Administration (FHWA) and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 14

Menifee Mayor and City Council
September 18, 2024
Page
352 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 11
DRAFT

45. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability.

46. City will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. City will submit all notices to the NEPA Lead Agency for review, comment, and approval prior to publication and circulation.

CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.

47. The NEPA Lead Agency will attend all NEPA-related public meetings.

48. City will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.

49. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.

50. City will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.

Plans, Specifications, and Estimate (PS&E)

51. As the PS&E IMPLEMENTING AGENCY, City is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

52. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If
Applicable)

AGREEMENT
Funded Cost
100.15.10.xx Quality Management NO
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 15

Menifee Mayor and City Council
September 18, 2024
Page
353 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 12
DRAFT

53. City will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

City will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

54. City will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

55. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to City until the following conditions are met:
•Any new or amended Maintenance Agreement required for the WORK are executed. •Any new or amended Freeway Agreement required for the WORK are executed.

RIGHT-OF-WAY

56. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, City is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

57. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If
Applicable)

AGREEMENT
Funded Cost
100.25.10.xx Quality Management NO

58. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

59. City will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.

60. City will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 16

Menifee Mayor and City Council
September 18, 2024
Page
354 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 13
DRAFT
relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

61. City will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

62. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

63. City will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

City will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

64. If City acquires any right-of-way to be incorporated into the State Highway System (SHS), City will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.

65. City will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

City will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

City will submit a final Right-of-Way Certification to CALTRANS for approval prior to advertising the construction contract.

66. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

67. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by City verifying that the title is free of all encumbrances and liens. Upon acceptance, City will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

68. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 17

Menifee Mayor and City Council
September 18, 2024
Page
355 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 14
DRAFT
Schedule

69. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

70. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK.

Additional Provisions
Standards

71. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
•CADD Users Manual
•CALTRANS policies and directives
•Plans Preparation Manual
•Project Development Procedures Manual (PDPM)
•Workplan Standards Guide
•Standard Environmental Reference
•Highway Design Manual
•Right of Way Manual
•Stewardship and Oversight Agreement
•Construction Manual Supplement for Local Agency Resident Engineers •Local Agency Structure Representative Guidelines
Noncompliant Work

72. CALTRANS retains the right to reject noncompliant WORK. City agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

73. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

74. City will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 18

Menifee Mayor and City Council
September 18, 2024
Page
356 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 15
DRAFT
Encroachment Permits

75. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. City, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to City at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

76. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

77. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

78. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

79. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

80. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 19

Menifee Mayor and City Council
September 18, 2024
Page
357 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 16
DRAFT

81. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.

82. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.

83. City, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. City will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

City will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.

84. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.

City and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and City each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. City will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

85. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

86. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

87. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 20

Menifee Mayor and City Council
September 18, 2024
Page
358 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 17
DRAFT

88. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

89. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

90. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

91. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and City will have access to all WORK-related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

92. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 21

Menifee Mayor and City Council
September 18, 2024
Page
359 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 18
DRAFT

93. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

94. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.

95. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

96. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.

97. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

98. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

99. City will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. City will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS
100. All portions of this AGREEMENT, including the RECITALS section, are enforceable.

Venue
101. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 22

Menifee Mayor and City Council
September 18, 2024
Page
360 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 19
DRAFT
Exemptions
102. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification
103. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by City, its contractors, sub- contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon City under this AGREEMENT. It is understood and agreed that City, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by City, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 104. Neither City nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless City and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties
105. PARTIES do not intend this AGREEMENT to create a third- party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 106. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance
107. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 23

Menifee Mayor and City Council
September 18, 2024
Page
361 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 20
DRAFT
108. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
109. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
110. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of City will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.

PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
111. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage
112. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY's own employees is exempt from the Labor Code's prevailing wage requirements.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 24

Menifee Mayor and City Council
September 18, 2024
Page
362 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 21
DRAFT
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 25

Menifee Mayor and City Council
September 18, 2024
Page
363 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 22
DRAFT

FUNDING SUMMARY

FUNDING TABLE
IMPLEMENTING AGENCY: City City City
Source Party Fund Type PA&ED PS&E
R/W

SUPPORT
R/W
CAPITAL Totals
FEDERAL City HPP (88.53%) 2,200,000 0 0 0 2,200,000
LOCAL City LocalM 500,000 2,200,000 4,000,000 400,000 7,100,000 Totals 2,700,000 2,200,000 4,000,000 400,000 9,300,000
MUsed as non-federal match.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California

Department

of

Transportation

for

the

Garbani

Road

/

I-
215 Interchange Project
Item Page Number: 26

Menifee Mayor and City Council
September 18, 2024
Page
364 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 23
DRAFT

SPENDING TABLE

PA&ED PS&E
R/W

SUPPORT
R/W

CAPITAL
Fund
Type CALTRANS City CALTRANS City CALTRANS City CALTRANS City Totals HPP 0 2,200,000 0 0 0 0 0 0 2,200,000
Local 0 500,000 0 2,200,000 0 4,000,000 0 400,000 7,100,000 Totals 0 2,700,000 0 2,200,000 0 4,000,000 0 400,000 9,300,000 Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California

Department

of

Transportation

for

the

Garbani

Road

/

I-
215 Interchange Project
Item Page Number: 27

Menifee Mayor and City Council
September 18, 2024
Page
365 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 24
DRAFT
Funding
113. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
114. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process. 115. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California law, the Administration Rate is capped at 10 percent for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements. 116. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS' reimbursement of indirect costs. 117. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.

Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.

If City invoices for rates in excess of CalHR rates, City will fund the cost difference and reimburse CALTRANS for any overpayment.
118. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the FHWA prior to any PROJECT funding changes that will change the federal share of funds.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 28

Menifee Mayor and City Council
September 18, 2024
Page
366 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 25
DRAFT
Invoicing and Payment
119. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, City will pay invoices within five (5) calendar days of receipt of invoice. 120. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
121. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then City will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM. 122. If CALTRANS reimburses City for any costs later determined to be unallowable, City will reimburse those funds.

Project Approval and Environmental Document (PA&ED)
123. City will invoice and CALTRANS will reimburse for actual costs incurred and paid.

Plans, Specifications, and Estimate (PS&E)
124. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT.

Right-of-Way (R/W) Support
125. No invoicing or reimbursement will occur for the RIGHT-OF-WAY SUPPORT PROJECT COMPONENT.

Right-of-Way (R/W) Capital
126. No invoicing or reimbursement will occur for the RIGHT-OF-WAY CAPITAL PROJECT COMPONENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 29

Menifee Mayor and City Council
September 18, 2024
Page
367 of 556

DRAFT Agreement No. 08-1793
Project No.: 0821000037
EA: 08-1L930
08-RIV-215-15.5/17.5
Agreement No. 08-1793 | 08-RIV-215 | EA: 08-1L930
Page | 26
DRAFT

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Catalino Pining III
District Director
Verification of Funds and Authority:

Corina Harriman
District Budget Manager
Certified as to financial terms and policies:

Darwin Salmos
HQ Accounting Supervisor
HQ Legal Representative
HQ Legal Rep Title

CITY OF MENIFEE
Armando G. Villa
City Manager
Attest:

Stephanie Roseen
City Clerk
Jeffrey T. Melching
City Attorney
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 30

Menifee Mayor and City Council
September 18, 2024
Page
368 of 556

Agreement 08-1779
Project No. 0821000037
EA 1L930
08-RIV-215-15.5/17.5
Project Development Agreement 2017-02-17 (Created November 30, 2023) i

COOPERATIVE AGREEMENT COVER SHEET
Work Description

THE CONSTRUCTION OF A FREEWAY INTERCHANGE, CONSISTING OF AN EAST-WEST OVERHEAD STRUCTURE OVER THE I-215 CONNECTING THE EAST AND WEST

SEGMENTS OF GARBANI ROAD, AND THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND ON AND OFF RAMPS TO THE I-215. THE PROJECT WILL ALSO REALIGN

ANTELOPE ROAD TO ACCOMMODATE THE INTERCHANGE, WIDEN THE EAST

SEGMENT OF GARBANI ROAD, AND CONSTRUCT A MISSING SECTION OF THE WEST SEGMENT OF GARBANI ROAD BETWEEN HAUN ROAD AND THE I-215 Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.

Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Dalia Alarkan, Project Manager
464 W. Fourth Street, MS 1229
San Bernardino, CA 92401
Office Phone: (909) 746-3554
Email: [email protected]

CITY OF MENIFEE
Carlos E. Geronimo, Engineering Manager - CIP
29844 Haun Road
Menifee, CA 92586
Office Phone: (951) 723-3722
Email: [email protected]

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 31

Menifee Mayor and City Council
September 18, 2024
Page
369 of 556

Cover Sheet AGREEMENT 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17 (Created November 30, 2023) ii Table of Contents
COOPERATIVE AGREEMENT (DRAFT) ........................................................................................ 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 2 Sponsorship ...................................................................................................................................... 2 Implementing Agency ...................................................................................................................... 3 Funding ............................................................................................................................................ 3 CALTRANS’ Quality Management ................................................................................................ 4 CEQA/NEPA Lead Agency ............................................................................................................. 5 Environmental Permits, Approvals and Agreements ....................................................................... 5 Project Approval and Environmental Document (PA&ED) ............................................................ 5 California Environmental Quality Act (CEQA) .......................................................................... 6 National Environmental Policy Act (NEPA) .............................................................................. 8 Plans, Specifications, and Estimate (PS&E) .................................................................................... 9 RIGHT-OF-WAY .......................................................................................................................... 10 Schedule ......................................................................................................................................... 12 Additional Provisions ..................................................................................................................... 12 Standards ................................................................................................................................... 12 Qualifications ............................................................................................................................ 12 Consultant Selection .................................................................................................................. 13 Encroachment Permits ............................................................................................................... 13 Protected Resources .................................................................................................................. 13 Disclosures ................................................................................................................................ 13 Hazardous Materials .................................................................................................................. 14 Claims ........................................................................................................................................ 15 Interruption of Work ................................................................................................................. 15 Penalties, Judgments and Settlements ....................................................................................... 16 Project Files ............................................................................................................................... 16 GENERAL CONDITIONS ................................................................................................................ 16 Venue ............................................................................................................................................. 16 Exemptions ..................................................................................................................................... 16 Indemnification .............................................................................................................................. 17 Non-parties ..................................................................................................................................... 17 Ambiguity and Performance .......................................................................................................... 17 Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 32

Menifee Mayor and City Council
September 18, 2024
Page
370 of 556

Cover Sheet AGREEMENT 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17 (Created November 30, 2023) iii Defaults .......................................................................................................................................... 18 Dispute Resolution ......................................................................................................................... 18 Prevailing Wage ............................................................................................................................. 18 SIGNATURES .................................................................................................................................... 20

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 33

Menifee Mayor and City Council
September 18, 2024
Page
371 of 556

Agreement 08-1779
Project No. 0821000037
EA 1L930
08-RIV-215-15.5/17.5
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 1 of 20

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City Of Menifee, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, the construction of a freeway interchange, consisting of an east-west overhead structure over the I-215 connecting the east and west segments of Garbani Road, and the construction of northbound and southbound on and off ramps to the I- 215. The project will also realign Antelope Road to accommodate the interchange, widen the east segment of Garbani Road, and construct a missing section of the west segment of Garbani Road between Haun Road and the I-215 will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g.

Project Study Report, Design Engineering Evaluation Report, or Project Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

February 28, 2024
Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 34

Menifee Mayor and City Council
September 18, 2024
Page
372 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 2 of 20

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 35

Menifee Mayor and City Council
September 18, 2024
Page
373 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 3 of 20 Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). • CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CITY is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 36

Menifee Mayor and City Council
September 18, 2024
Page
374 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 4 of 20 CALTRANS’ Quality Management

15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.

CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference- ser/volume-1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

19. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

20. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/ser/nepa-recordretention- policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 37

Menifee Mayor and City Council
September 18, 2024
Page
375 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 5 of 20

21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA/NEPA Lead Agency

22. CALTRANS is the CEQA Lead Agency for the PROJECT.

23. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

26. It is expected that the PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
404, US Army Corps Of Engineers
401, Regional Water Quality Control Board
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board
1602 California Department of Fish and Wildlife
Air Quality Permits

Project Approval and Environmental Document (PA&ED)

27. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 38

Menifee Mayor and City Council
September 18, 2024
Page
376 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 6 of 20

28. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
165.15.15.xx Essential Fish Habitat Consultation
165.15.15.xx Section 7 Consultation
165.25.25 Approval to Circulate Resolution
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.10.05.45 Section 7 Consultation
180.15.05 Record of Decision (NEPA)
180.15.10 Notice of Determination (CEQA)

29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

30. CITY will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d) and (e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification. CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.

32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 39

Menifee Mayor and City Council
September 18, 2024
Page
377 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 7 of 20

33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.

37. The CEQA Lead Agency will attend all CEQA-related public meetings.

38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 40

Menifee Mayor and City Council
September 18, 2024
Page
378 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 8 of 20 National Environmental Policy Act (NEPA)

39. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.

CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.

40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.

41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.

42. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation.

CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.

43. The NEPA Lead Agency will attend all NEPA-related public meetings.

44. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 41

Menifee Mayor and City Council
September 18, 2024
Page
379 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 9 of 20

45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.

46. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.

Plans, Specifications, and Estimate (PS&E)

47. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

48. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management

49. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 42

Menifee Mayor and City Council
September 18, 2024
Page
380 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 10 of 20

50. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of- way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

51. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed. • Any new or amended Freeway Agreement required for the WORK are executed.

RIGHT-OF-WAY

52. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT- OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

53. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

54. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

55. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

56. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 43

Menifee Mayor and City Council
September 18, 2024
Page
381 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 11 of 20

57. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

58. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

59. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.

CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

60. If CITY acquires any right-of-way to be incorporated into the State Highway System, CITY will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the State Highway System right-of-way will ultimately be vested in the State.

CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are complete.

61. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.

62. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

63. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens.

Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 44

Menifee Mayor and City Council
September 18, 2024
Page
382 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 12 of 20

64. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

Schedule

65. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

Additional Provisions
Standards

66. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Encroachment Permits Manual

Qualifications

67. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 45

Menifee Mayor and City Council
September 18, 2024
Page
383 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 13 of 20 Consultant Selection

68. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

69. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit which specifically allows them to do so. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

70. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

71. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

72. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

73. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 46

Menifee Mayor and City Council
September 18, 2024
Page
384 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 14 of 20 Hazardous Materials

74. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

75. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

76. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of- way.

77. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

78. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 47

Menifee Mayor and City Council
September 18, 2024
Page
385 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 15 of 20 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

79. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

80. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

81. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

82. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

83. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

84. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

85. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 48

Menifee Mayor and City Council
September 18, 2024
Page
386 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 16 of 20

86. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

87. The cost of awards, judgments, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

88. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

89. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

90. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

91. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

92. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

93. All CALTRANS’ obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 49

Menifee Mayor and City Council
September 18, 2024
Page
387 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 17 of 20 Indemnification

94. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

95. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

96. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

97. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

98. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 50

Menifee Mayor and City Council
September 18, 2024
Page
388 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 18 of 20

99. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
100. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
101. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 102. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage
103. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 51

Menifee Mayor and City Council
September 18, 2024
Page
389 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 19 of 20 Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

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Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 52

Menifee Mayor and City Council
September 18, 2024
Page
390 of 556

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023) 20 of 20

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Catalino A. Pining III
District Director

Verification of funds and authority:

Corina Harriman
District Budget Manager

CITY OF MENIFEE

Rebekah Kramer
Acting City Manager

Attest:

Sarah Manwaring
City Clerk

Approved as to form and procedure:

Jeffery T. Melching
Attorney

Rebekah Kramer (Feb 12, 2024 15:34 PST)
Rebekah Kramer
Item Title: 10.15
Termination

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Cooperative

Agreement

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Execution

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Revised

Cooperative

Agreement

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California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 53

Menifee Mayor and City Council
September 18, 2024
Page
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Coop 08-1779 [EXECUTE]
Final Audit Report 2024-02-28
Created: 2024-01-29
By: Caltrans.Coop Execution ([email protected]) Status: Signed
Transaction ID: CBJCHBCAABAAav6X673FArTmk7mK1DvekZUYTO-yTkV8 "Coop 08-1779 [EXECUTE]" History
Document created by Caltrans.Coop Execution ([email protected]) 2024-01-29 - 7:37:36 PM GMT
Document emailed to Denise Perez ([email protected]) for approval 2024-01-29 - 7:39:09 PM GMT
Email viewed by Denise Perez ([email protected])
2024-01-29 - 7:41:02 PM GMT
Document approved by Denise Perez ([email protected]) Approval Date: 2024-01-29 - 7:41:23 PM GMT - Time Source: server Document emailed to Corina Harriman ([email protected]) for signature 2024-01-29 - 7:41:25 PM GMT
Email viewed by Corina Harriman ([email protected]) 2024-01-29 - 8:39:23 PM GMT
Document e-signed by Corina Harriman ([email protected]) Signature Date: 2024-01-29 - 8:42:49 PM GMT - Time Source: server Document emailed to Jeffrey Melching ([email protected]) for signature 2024-01-29 - 8:42:52 PM GMT
Email viewed by Jeffrey Melching ([email protected])
2024-01-29 - 8:51:04 PM GMT
Document e-signed by Jeffrey Melching ([email protected]) Signature Date: 2024-01-29 - 8:53:33 PM GMT - Time Source: server Document emailed to Rebekah Kramer ([email protected]) for signature 2024-01-29 - 8:53:35 PM GMT
Item Title: 10.15
Termination

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Cooperative

Agreement

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Execution

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Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 54

Menifee Mayor and City Council
September 18, 2024
Page
392 of 556

Email viewed by Rebekah Kramer ([email protected]) 2024-01-30 - 6:18:01 AM GMT
Email viewed by Rebekah Kramer ([email protected]) 2024-02-06 - 6:42:00 AM GMT
Email viewed by Rebekah Kramer ([email protected]) 2024-02-12 - 11:15:43 PM GMT
Document e-signed by Rebekah Kramer ([email protected]) Signature Date: 2024-02-12 - 11:34:29 PM GMT - Time Source: server Document emailed to Sarah Manwaring ([email protected]) for signature 2024-02-12 - 11:34:30 PM GMT
Email viewed by Sarah Manwaring ([email protected]) 2024-02-27 - 6:24:07 PM GMT
Document e-signed by Sarah Manwaring ([email protected]) Signature Date: 2024-02-27 - 6:24:47 PM GMT - Time Source: server Document emailed to Denise Perez ([email protected]) for approval 2024-02-27 - 6:24:49 PM GMT
Email viewed by Denise Perez ([email protected])
2024-02-27 - 8:54:03 PM GMT
Document approved by Denise Perez ([email protected]) Approval Date: 2024-02-27 - 8:54:17 PM GMT - Time Source: server Document emailed to Awais Sheikh ([email protected]) for approval 2024-02-27 - 8:54:19 PM GMT
Email viewed by Awais Sheikh ([email protected])
2024-02-27 - 11:01:40 PM GMT
Document approved by Awais Sheikh ([email protected]) Approval Date: 2024-02-27 - 11:48:31 PM GMT - Time Source: server Document emailed to Anthony Liao ([email protected]) for approval 2024-02-27 - 11:48:33 PM GMT
Email viewed by Anthony Liao ([email protected])
2024-02-28 - 5:30:27 PM GMT
Document approved by Anthony Liao ([email protected]) Approval Date: 2024-02-28 - 5:35:12 PM GMT - Time Source: server Item Title: 10.15
Termination

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Cooperative

Agreement

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Execution

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Revised

Cooperative

Agreement

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the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 55

Menifee Mayor and City Council
September 18, 2024
Page
393 of 556

Document emailed to Catalino Pining Iii ([email protected]) for signature 2024-02-28 - 5:35:14 PM GMT
Email viewed by Catalino Pining Iii ([email protected]) 2024-02-28 - 5:38:51 PM GMT
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Item Title: 10.15
Termination

of

Existing

Cooperative

Agreement

and

Execution

of

Revised

Cooperative

Agreement

with

the

California
Department of Transportation for the Garbani Road / I-215 Interchange Project Item Page Number: 56

Menifee Mayor and City Council
September 18, 2024
Page
394 of 556

CITY OF MENIFEE
SUBJECT: Acceptance of Landscape Improvements for Tract Map 37067, Menifee Town Center - Camden Place, by RSI
Communities - California, LLC.

MEETING DATE: September 18, 2024
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the landscape improvements for Tract Map 37067, Camden Place, located on the northwest corner of La Piedra Road and Great Oak Road.

DISCUSSION
RSI Communities - California, LLC is the developer of Camden Place Tract 37067, a subdivision of 28.68 gross acres into 151 lots for residential purposes. The tract is located on the northwest corner of La Piedra Road and Great Oak Road, as depicted in the attached project map. The backbone improvements for streets, drainage, water and sewer systems along La Piedra Road and Great Oak Road were previously accepted by the City on December 19, 2018.

The Developer has now completed the landscaping improvements along the project’s frontage on La Piedra Road and Great Oak Road and is requesting acceptance of the completed landscape improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met.

There are no securities associated with the public landscape areas to be accepted, and therefore, no reduction nor release of securities were requested as part of the City’s acceptance process.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.16
Acceptance

of

Landscape

Improvements

for

Tract

Map

37067,

Menifee

Town

Center

-

Camden

Place,

by

RSI
Communities - California, LLC.

Item Page Number: 1

Menifee Mayor and City Council
September 18, 2024
Page
395 of 556

City of Menifee Staff Report
Landscape Improvement Acceptance TM 37067
September 18, 2024

2 3
3 9

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2024/2025 operating budgets in Community Facilities District (CFD) 2017- 1, Zone 1.

ATTACHMENTS

1. Project Map
Item Title: 10.16
Acceptance

of

Landscape

Improvements

for

Tract

Map

37067,

Menifee

Town

Center

-

Camden

Place,

by

RSI
Communities - California, LLC.

Item Page Number: 2

Menifee Mayor and City Council
September 18, 2024
Page
396 of 556

PROJECT MAP
TRACT NO. 37067

Item Title: 10.16
Acceptance of Landscape Improvements for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities - California, LLC.

Item Page Number: 3

Menifee Mayor and City Council
September 18, 2024
Page
397 of 556

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 31822-F, Audie Murphy Ranch, by
Sutter Mitland 01, LLC
MEETING DATE: September 18, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, recycled water, sewer system, and survey monuments for Tract Map 31822-F, Audie Murphy Ranch, located north of Audie Murphy Road at Whispering Way; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s standard policies.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (AMR) Tract 31822-F, a subdivision of 45.95 gross acres into 147 lots for residential purposes. The tract is located north of Audie Murphy Road at Whispering Way, as depicted in the attached project map. As part of the development requirements, Sutter Mitland 01, LLC (“Developer”), constructed streets, drainage, water, recycled water, and sewer system improvements and installed survey monuments.

The Developer has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted securities for the improvements and the monuments are listed in Table 1 and Table 2 on the following page.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 1

Menifee Mayor and City Council
September 18, 2024
Page
398 of 556

City of Menifee Staff Report
Public Improvement Acceptance TM 31882-F
September 18, 2024

2 1
5 1
TABLE 1 - ORIGINAL POSTED SECURITY IMPROVEMENTS
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage TM5224867 $ 4,779,500.00 $ 2,389,750.00 Water System TM5224867 $ 711,500.00 $ 355,750.00 Recycled Water System TM5224867 $ 50,000.00 $ 25,000.00 Sewer System TM5224867 $ 635,000.00 $ 317,500.00 Total $ 6,176,000.00 $ 3,088,000.00
TABLE 2 - ORIGINAL POSTED SECURITY MONUMENT IMPROVEMENTS Improvement Security No. Monument Bond
Survey Monuments TM5224872 $ 132,800.00
Total $ 132,800.00

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2024/2025 operating budgets in Community Facilities District (CFD) 2012-

1. ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Recycle Water System

5. Agreement – Sewer System

6. Bond - Improvements

7. Agreement – Monuments

8. Bond – Monuments
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 2

Menifee Mayor and City Council
September 18, 2024
Page
399 of 556

148 (O.S.)AUDIE
MURPHY
RD. (N)
149 (O.S.)
6 5
4 3
2 1
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49505152 137
138139141142143144145146
147 134
133
132
131
130
129
128
127
126
125
124
123122
121
120
119
118
117
116
115
114
113
104
105
106
107
108
109
110
111
112
96 97
98 99
100
101
102
103
959493
92 91
90 89
88 87
8685
84 83
82 81
80 79
78 76
75 74
73 72
71 70
68 6766
65 64
60 59
61 62
63 58 57 56 55 54 53
140
136
69 DRIVE
ARROYO
CIRCLE
CIRCLE

KITTRIDGE
CIMARRON CIR.

CIR.

WOODLEY
LAREDO
CIRCLE

ROCKVIEW
CIRCLE
CIRCLE

STAGELINE

WHISPERING
WAY
COURT

WESTWARD
135

ARTILLERY
CIRCLE
STUDIO
150 (O.S.)
153 (O.S.)
155 (O.S.) 157 (O.S.)
156 (O.S.)
160 (O.S.)
159 (O.S.)
158 (O.S.)
152 (O.S.)151 (O.S.)
154 (O.S.)
Drawing: R:\\261373\\Exhibit\\Tract Map\\373 - EXH - 31822-F Site Map.dwg Layout: p 11x17 L Saved: 5/1/2019 10:28 AM Plotted: 5/1/2019 10:29 AM Plot Scale: 1:1 By: Kyle McQuilkin 0 SCALE: 1"=200'
200 400 600

EXHIBIT A
TRACT NO. 31822-F
Engineering, Inc.
357 N. SHERIDAN STREET

ENGINEERINGSURVEYING
SUITE 117
CORONA, CALIFORNIA 92880
TEL. (951) 279-1800
FAX (951) 279-4380
NEWPORT RD.

RAILROADCANYON RD.

CANYON
LAKE DR.

GOETZ RD.

MURRIETA RD.

VICINITY MAP

INTERSTATE
15 INTERSTATE
215
N.T.S.

SECTION 6, T6S, R3W
THOMAS GUIDE PAGE 867
TR. 31822-F
TR. 31822-F
Item Title: 10.17
Acceptance of Public Improvements and 90% Release of Security for Tract Map 31822-F, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 3

Menifee Mayor and City Council
September 18, 2024
Page
400 of 556

AGREEMENT

FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
TRACT 31822-F
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter Mitland 01 , LLC, a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract Map 31822-F , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment andmaterialsneCeSSarytoperformandcomplete,within@fromthedatethiS Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

The estimated cost of said work and improvements is the sum of Four Million Seven Hundred Seventy Nine Thousand Five Hundred and no/100, Dollars, $ 4,779.500.00, ("Estimated Cost"). Prior to commencrng any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcrng such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property in.jured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected offioals, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 4

Menifee Mayor and City Council
September 18, 2024
Page
401 of 556

acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or 'contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, ofiicers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineel to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 5

Menifee Mayor and City Council
September 18, 2024
Page
402 of 556

bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt ts understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH. This Agreement contains the entire Agreement of the parties as to the matters set forth herein. Nowaiverof any term or condition of thisAgreement shall be a continuing waiver thereoi.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or anterest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, rf any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assrgnee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 6

Menifee Mayor and City Council
September 18, 2024
Page
403 of 556

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and therr time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not retease any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH. This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses.

Aru
City of Menifee
29714 Haun Road
Ivlenifee, CA 92586
Sutter Mitland 01, LLC
3200 Park Center Dr, Suite'1000
Costa Mesa, CA 92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation.

Developer
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 7

Menifee Mayor and City Council
September 18, 2024
Page
404 of 556

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.

Dated.

By
) ,2017 By Sutter Mitland 01, LLC
Limited Liabilitv Company
er
Cfr
Dated: \ tl ["1 ,2017u
David E Ba(lett, Vice Presi
Richa T. Whitney, CFO

CITY OF MENIFEE
By
\ t
J

CITY OF MENIFEE
BiIl zi merman. Mayor
ATTEST:
h Manwari s, Clerk
athan G. Smith, Public Works Director/
ity Engineer
APPROVED AS TO FORM:

By:
lchin ttorneyJ

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 8

Menifee Mayor and City Council
September 18, 2024
Page
405 of 556

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 .rbn\ 1,4 , 2019, before M Knechl
, Notary Public, personally appeared
, who proved to me on the basis ofsatisfactory evidence to be the person(s) whose ame(s) .iJare subscribed to the within instrument and acknowledged to me that hekhe/they/executed the same tn bj.dher/their authorized capacity(ies) and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certily under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and offrcial seal

MEAGAN KNECHT
6llt
co|4{..#2LL7799
Notrry Pubflqcdlo,nb
oRAnOE COUITY
Cgrrll. JIJI* E. AI9
m
t4, N I)
)
)
)
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 9

Menifee Mayor and City Council
September 18, 2024
Page
406 of 556

AGREEMENT
TRACT 3,t822-F

FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement for Constructton of Water System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter lvlitland 01 , LLC, a Limited Liability Company, hereinafter called Developer' WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 31822-F, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fullythirty six inch (36") minimum cover from the top of the pipe to street grade, unless otheruise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No.460 and City Standards and Specifications, as amended, or its successor, whrch are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be compteted prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Seven Hundred Eleven Thousand Five Hundred and no/'100, Dollars, $ 7'11 ,500.00 ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurnng to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 10

Menifee Mayor and City Council
September 18, 2024
Page
407 of 556

agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, ani the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liabitity, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notace and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information wrth respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedres available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 11

Menifee Mayor and City Council
September 18, 2024
Page
408 of 556

sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, rncluding the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at lts own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of thts Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlav'ful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provtsion held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herern. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH. This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 12

Menifee Mayor and City Council
September 18, 2024
Page
409 of 556

permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned, provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH. This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

AXy Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Sutter Mitland 01, LLC
3200 Park Center Dr., Suite 1000
Costa Mesa, CA 92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 13

Menifee Mayor and City Council
September 18, 2024
Page
410 of 556

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal. \\< ,2019Dated:

Dated:

By: Sutter Mitland, LLC
Limited Liability Company
I
(
David E. Bartlett , Vice P
Richard Whitney, CFO

CITY OF MENIFEE
t
t lu lu 17,,o,n
By:
athan G. Smith, Public Works Director/
ity Engineer

CITY OF MENIFEE
By
-1/ X-^,/
Bill zimmUn(gil, Mayor
APPROVED AS TO FORM:

By:

C lerk l\/elch i ,C Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE

ATTEST,
By
J
Manwaring,
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 14

Menifee Mayor and City Council
September 18, 2024
Page
411 of 556

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.

SI-ATE OF CALIFORNIA
SS
COUNTY OF Oranse
On -Apnt z( 2019, before me,
, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence be the person(s) whose nanie(s) is/are subscribed to the within instrument and acknowledged to me that he,hhc/they/executed the same rn hi#her/their authorized capacity(ies) and that by hi#he/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certifo 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.
)
)
)
o
UJ
Cory|l. JUNE ol9
N otary Pu lcmo

MEAGAN XNECHT
cor.tr*r. i2117799
Notiry P'rub-Caufornh
oR/!.r|GE COU TY
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 15

Menifee Mayor and City Council
September 18, 2024
Page
412 of 556

AGREEMENT
TRACT 31822.F

FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS This Agreement for Construction of Recycle Water System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter lVitland 01, LLC, a Limited Liability Company, heretnafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 31822-F, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fullythirty six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No.460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineel any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Fi Thousand and no/'|00 Dollars, $ 50.000.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdrvision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD. City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 16

Menifee Mayor and City Council
September 18, 2024
Page
413 of 556

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which ts caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside FIFTH. The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory slgns or signals, barriers, or detours.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 17

Menifee Mayor and City Council
September 18, 2024
Page
414 of 556

County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing thrs Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlav'dul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 18

Menifee Mayor and City Council
September 18, 2024
Page
415 of 556

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Sutter Mitland 01, LLC
3200 Park Center Dr., Suite 1000
Costa Mesa, CA92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actrons are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation.

AXy
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 19

Menifee Mayor and City Council
September 18, 2024
Page
416 of 556

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated: ,2019 By: Sutter Mitland 01, LLC
Li Liability Company
nag I
a
Dated i 2019
David E. Bartlett, Vice P ent
Richard T. Whitney, CFO

CIIY OF MENIFEE
By
than G. Sm h, Pub c Works Director/a

CITY OF MENIFEE
Engineer

APPROVED AS IO FORM
By:
ryT hing, City
By -VXV
Bill zimmfuilr{fi , lVlayor
ATTEST
By
lvla nwa rins erk rney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
ara
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 20

Menifee Mayor and City Council
September 18, 2024
Page
417 of 556

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 20t9, before me,
-,
Notary Public, personally appeared
who proved to me on the basis ofsatisfactory evidence to be the person(s) e name(s) i#are subscribed to the within instrument and acknowledged to me that ffire/they/executed the same ln hislher/their authorized capacity(ies) and that by hislheritheir signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certifo 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
)
)
)
oul
MEAGAN XNECTfT
cor,rlt. #2117799
ilot!ry Publlc4.lford.

ORANGE COUNTY N tc
Cofim. JUNE ml9?l
mo
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 21

Menifee Mayor and City Council
September 18, 2024
Page
418 of 556

AGREEMENT

FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TRACT 31822-F
This Agreement for Construction of Sewer System lmprovements ("Agreement") is made and entered into Uy and between the City of Menifee, State of California, hereinafter called City, and Sutter l\Iitland 01, LLC a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 31822-F, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and maie essary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes, manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer system required to be constructed by this Agreement. All the above required work shall be in accordance with those plans and specifications which have been approved by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year perrod to repair or replace, to the satisfactron of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Six Hundered Thirtv Five Thousand and no/100 Dollars, $ 635.000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lav,rful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of rmprovement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, rnjury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 22

Menifee Mayor and City Council
September 18, 2024
Page
419 of 556

agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected offrcials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnificatron excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH. The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regardrng the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the rmprovements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 23

Menifee Mayor and City Council
September 18, 2024
Page
420 of 556

sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinanie 460 as amended to secure the claims to which reference is made in Title'15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten ('lO) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are combleted within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount ofthe bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of thas Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 24

Menifee Mayor and City Council
September 18, 2024
Page
421 of 556

permits, qualifications, and approvals shall maintained throughout the term of this Agreement.' The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include proviJons requiri;g lhe assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the propo;ed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work c6vered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to sLcure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH. This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

CXv
City of Menifee
29714 Haun Road
Menifee, CA 92586
Sutter Mitland 01 , LLC
3200 Park Center Dr., Suite 1000
Costa Mesa, CA 92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation.

Developer
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 25

Menifee Mayor and City Council
September 18, 2024
Page
422 of 556

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal. it \{ ,2019Dated
Dated:

By: Sutter Mitland 01, LLC
Limited Liability ComPanY
'Ufrctr,
L
I
rlu/"t // ,201s
David E. Ba , Vice Pres
Richa Whitney, CFO

CITY OF MENIFEE
By
af
an G. Sm ith, Public Works Director/
ity Engineer

CITY OF MENIFEE
By
Bill Zim
ATTEST:

B
, Mayor
APPROVED AS TO FORM:

By
h Manwaring, ity Clerk J Melching ity Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
(/.^-
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 26

Menifee Mayor and City Council
September 18, 2024
Page
423 of 556

A notary public or other ol'ficer completing
this cetificate verified only the identity ol
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 Oranse
On , rlyon \ 2( 2019, before
_, Notary Public, personally appeared
)
)
)

MEAGAN KNECHT
cor'f.r. #2117799
il.*.ry P'ruUcr&lomh
ORATIGE COU}ITY
Cofirn. JUt{E 20'r9
Knecht
Notary Pu tc
E
who proved to me on the basis of satisfactory evidence be the person(s) whose name(s) jslare subscribed to the within instrument and acknowledged to me that he/shelthey/executed the same in hislher/their authorized capacity(ies) and that by hislh€r/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certifo 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.
o
u,l
mt4
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 27

Menifee Mayor and City Council
September 18, 2024
Page
424 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 28

Menifee Mayor and City Council
September 18, 2024
Page
425 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 29

Menifee Mayor and City Council
September 18, 2024
Page
426 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 30

Menifee Mayor and City Council
September 18, 2024
Page
427 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 31

Menifee Mayor and City Council
September 18, 2024
Page
428 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 32

Menifee Mayor and City Council
September 18, 2024
Page
429 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 33

Menifee Mayor and City Council
September 18, 2024
Page
430 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 34

Menifee Mayor and City Council
September 18, 2024
Page
431 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 35

Menifee Mayor and City Council
September 18, 2024
Page
432 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 36

Menifee Mayor and City Council
September 18, 2024
Page
433 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 37

Menifee Mayor and City Council
September 18, 2024
Page
434 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 38

Menifee Mayor and City Council
September 18, 2024
Page
435 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 39

Menifee Mayor and City Council
September 18, 2024
Page
436 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 40

Menifee Mayor and City Council
September 18, 2024
Page
437 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 41

Menifee Mayor and City Council
September 18, 2024
Page
438 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 42

Menifee Mayor and City Council
September 18, 2024
Page
439 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 43

Menifee Mayor and City Council
September 18, 2024
Page
440 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 44

Menifee Mayor and City Council
September 18, 2024
Page
441 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 45

Menifee Mayor and City Council
September 18, 2024
Page
442 of 556

AGREEMENT

FOR THE PLACEMENT OF SURVEY MONUMENTS
TR 31822-F
This Agreement for placement of Survey lVlonuments ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter Mitland 01 LLC., Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer,
Tract 31822-F, hereb
as part of the City's consideration of the final map for that certain land division known y agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to set, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, all survey monuments and tie points and furnish to the City Surveyor tie notei for said tract in accordance with standards set forth in Riverside County Ordinance No. 46'1, or any successor thereto, and Section 8771 et seq. of the Business and Professions Code of the State of California.

The Developer further agrees to pay, within 30 days of presentation to Developer of the final billing of any surveyor or engineer for work performed by him as provides for in Article 9 of Chapter 4, Division 2 of Title 7 of the Government Code of the State of California (commencing with Section 66495). Developer further agrees that if payment to the Surveyor or engineer is not made within 30 days, the surveyor or engineer notifies City that he has not been paid for setting the final monuments, and the City of Menifee, pursuant to Section 66497 of the Government Code, after providing Developer with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by City to the engineer or surveyor, Developer will, upon demand, and without proof of loss by City, reimburse City for any funds so expended.

Notwithstanding any other provision herein, the determination of City as to whether the surveyor or engineer has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest in the Agreement or any portion thereof. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and dunng this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of 9ng-l-l-U-U!-I9!LIIIE Two Thousand Eiqht Hundred and no/100 , Dollars, $132.800.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry ofjudgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judg ment.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 46

Menifee Mayor and City Council
September 18, 2024
Page
443 of 556

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent iurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 47

Menifee Mayor and City Council
September 18, 2024
Page
444 of 556

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH. lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlalvful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at triai and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement an accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 48

Menifee Mayor and City Council
September 18, 2024
Page
445 of 556

standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH. This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

CXy
City of Menifee
29714 Haun Road
Menifee, CA 92586
Sutter Mitland 01 LLC
3200 Park Center Dr., Suite '1000
Costa Mesa, C492626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation Developer
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 49

Menifee Mayor and City Council
September 18, 2024
Page
446 of 556

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal ,2019 By: Sutter Mitland, LLC
It9!"{anager
/ l'^- /) ,'-
( /-/?- lt 0c'--
David E. Bartlett, Vice Presid
Richard itney, CFO
Dated: ,2019 CITY OF MENIFEE
By:
ath an G. Smith, Public Works Director/
ity Engineer

CITY OF IVENIFEE
By -/A h.z
Bill Zimmerfoln $rttay or
ATTEST APPROVED AS TO FORM:

By:

Sa [\Ianwar s, City Clerk J ry elchin ttorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
t lulq l7
B
Dated:

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 50

Menifee Mayor and City Council
September 18, 2024
Page
447 of 556

A notary public or other offrcer 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 Oranse
On ,2019, before me,
Public, personally appeared x
who proved to me on the basis ofsatisfactory evidence to be the person(s) wh e name(s) jslare subscribed to the within instrument and acknowledged to me that heA'he/they/executed the same rn hisllrer/their authorized capacity(ies) and that by hi€llrcr/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) act€d, executed the instrument.

I certifl under PENALTY OF PERJURY under the laws of the State of Califomia that th€ foregoing paragraph is true and correct.

WITNESS my hand and official seal
MEAG^X XNECI{T
)
)
)
_, No
aul
COi,Ir'|. 12Xl7799
t{d.,y fuEa-.ria

ORATOE COJTTTY
ln
e N lic
Cdii 20r 9
Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 51

Menifee Mayor and City Council
September 18, 2024
Page
448 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 52

Menifee Mayor and City Council
September 18, 2024
Page
449 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 53

Menifee Mayor and City Council
September 18, 2024
Page
450 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 54

Menifee Mayor and City Council
September 18, 2024
Page
451 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 55

Menifee Mayor and City Council
September 18, 2024
Page
452 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 56

Menifee Mayor and City Council
September 18, 2024
Page
453 of 556

Item Title: 10.17
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

31822-F,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 57

Menifee Mayor and City Council
September 18, 2024
Page
454 of 556

CITY OF MENIFEE
SUBJECT: Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024
MEETING DATE: September 18, 2024
TO: Mayor and City Council
PREPARED BY: Edna I. Lebrón, Senior Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1.Adopt a resolution approving the Community Development Block Grant (CDBG) Fiscal Year 2023/2024 Consolidated Annual Performance and Evaluation Report (CAPER), authorizing staff to submit the CAPER to the Department of Housing and Urban Development (HUD).

DISCUSSION
In Fiscal Year (FY) 2023/2024, the City received $527,847 in CDBG funds from HUD. The grant allowed the City to carry out a number of housing and community development programs that are targeted primarily at low-income households. Projects included housing rehabilitation and public services.

HUD requires recipients of CDBG funds to prepare an annual evaluation of the progress and implementation of programs and activities under their CDBG program. The CAPER has been prepared to assist residents and HUD in evaluating the City's use of CDBG funds to meet the priority needs identified in the City's 2022-2027 Consolidated Plan (adopted by the City Council on May 4, 2022).

The table on the following page summarizes the various projects/activities included within FY 2023/2024, the allocated amounts, the amount spent, and the number of Low and Moderate individuals (LMI) served during the year.

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 1

Menifee Mayor and City Council
September 18, 2024
Page
455 of 556

CDBG CAPER FY 2023/2024
September 18, 2024

2 2
8 0
TABLE 1: FY 2023/2024 CDBG & CDBG-CV PROGRAM/ACTIVITIES Activity Allocation
Amount
Amount
Spent
LMI
Served
Administration $82,569 $82,569 N/A
Fair Housing Council of Riverside County $23,000 $23,000 634 Minor Home Rehabilitation Grant Program (MHRGP) $100,000 $89,137 6 Activity Delivery Cost - MHRGP $20,000 $4,693 N/A
Assistance League of Temecula Valley:

Operation School Bell
$10,000 $10,000 83
Boys and Girls Club of Menifee Valley:

Before and After School Scholarship Program
$11,000 $11,000 55
Habitat for Humanity:

Brush with Kindness Program
$11,000 $11,000 29
Hospice of the Valley
Senior Hospice Services
$10,000 $10,000 39
Menifee Mustangs Track & Field Club:

Track & Field Scholarship Program
$10,000 $5,186 15
Menifee Valley Community Cupboard:

Emergency Food Distribution
$17,177 $17,177 1,807
SAFE Family Justice Center
Services for Abused and Neglected
$10,000 $10,000 92
Romoland Phase II $223,101 $211,946 N/A
TOTAL $527,847 $485,708 2,760

PRIOR YEAR CARRY-OVER ACTIVITIES/FUNDS
Romoland Phase II $415,230 $415,230 N/A
Minor Home Rehabilitation Grant Program (MHRGP) $69,166 $69,166 4 Activity Delivery Cost - MHRGP $20,000 $7,424 N/A
TOTAL $504,396 $491,820 4
CDBG-CV – REMAINING BALANCES
Homeless Outreach
Riverside University Health System-Behavioral
Health (RUSH-BH)
$134,883 $8,556 155
CV Administration $43,428 $8,927 N/A
TOTAL $178,311 $17,483 155
COMBINED TOTALS OF CDBG & CV $1,210,554 $995,011 2,919 CDBG regulations require that the public be given a 15-day period to review the CAPER and provide comments prior to approval by the City Council. A public notice announcing the availability of the CAPER was published in the Press Enterprise on September 3, 2024, and copies of the CAPER were made available for public review at City Hall and on the City’s website. The public review period ran from September 3, 2024, through September 17, 2024. Any written comments or questions are responded to in writing by staff and are included in the CAPER when it is submitted to HUD on September 30, 2024.

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 2

Menifee Mayor and City Council
September 18, 2024
Page
456 of 556

CDBG CAPER FY 2023/2024
September 18, 2024

2 2
8 0
Upon Council approval, staff would submit the CAPER for the 2023/2024 Annual Action Plan to HUD.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
There is no fiscal impact on the General Fund from participating in the CDBG program. Additionally, as allowed per HUD regulations and listed under the “Planning and Administration” section, a portion of the annual allocation is used to cover staff time spent on administration activities, including preparing the CAPER, related to the City’s CDBG Program. All grant revenue and expenditures are processed in the CDBG Fund 2481.

The CAPER is an annual requirement pursuant to 24 CFR 91.520 for participation in the CDBG program.

ATTACHMENTS

1. Resolution

2. FY 2023/2024 CAPER

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 3

Menifee Mayor and City Council
September 18, 2024
Page
457 of 556

1 RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED

ANNUAL PERFORMANCE AND EVALUATION REPORT PLAN FOR FISCAL YEAR 2023/2024 AS PART OF THE END-OF-THE-YEAR REQUIREMENT PROVIDED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER

THE ENTITLEMENT GRANTEE PROGRAM
WHEREAS, the City of Menifee (City) participates in the Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, the City received CDBG funds in the Fiscal Year 2023/2024; and WHEREAS, HUD requires the City to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) for the CDBG program within 90 days of the close of the fiscal year; and WHEREAS, the City of Menifee, as required by HUD, duly published notice of, and conducted a public hearing to obtain the views of citizens on the CAPER for Fiscal Year 2023/2024; and WHEREAS, on September 18, 2024, the City Council of the City of Menifee reviewed the draft CAPER and approved the report, including any comments and responses to the comments that are accepted at the hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
declare as follows:

Section 1.Approve the CAPER for Fiscal Year 2023/2024, a copy of which is on file with the City Clerk of Menifee.

Section 2.Staff is authorized and directed to submit the Fiscal Year 2023/2024 CAPER to HUD as required.

Section 3.This Resolution shall take effect upon the date of its adoption.

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 4

Menifee Mayor and City Council
September 18, 2024
Page
458 of 556

CAPER FY2023/2024
September 18, 2024
2 4
9 2
2 9
PASSED, APPROVED AND ADOPTED this 18th day of September 2024. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 5

Menifee Mayor and City Council
September 18, 2024
Page
459 of 556

City of Menifee
Community Development Block Grant
Program (CDBG)
Consolidated Annual Performance and
Evaluation Report (CAPER)
Program Year 12: 2023/2024
City of Menifee
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 6

Menifee Mayor and City Council
September 18, 2024
Page
460 of 556

Table of Contents
CR-05 Goals and Outcomes…………………………………………………..1
CR-10 Racial and Ethnic Composition
of Families Assisted……………………………………………………………7
CR-15 Resources and Investments………………………………………...…8
CR-20 Affordable Housing…………………………………………………..10
CR-25 Homeless and Other
Special Needs….………………...……………………………………………13
CR-30 Public Housing……………………………………………………….16
CR-35 Other Actions………………………………………………………....17
CR-40 Monitoring……………………………………………………….……22
CR-45 CDBG 91.520(c)……………………………………………………….23
Attachments
IDIS Reports
• PR03 - CDBG Activity Summary Report
• PR26 - CDBG Financial Summary Report
• PR26 – CDBG-CV Financial Summary Report
For additional questions please contact: Edna I. Lebrón, Sr. Management Analyst, City of Menifee Email: [email protected] Phone: (951)723-3713.

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 7

Menifee Mayor and City Council
September 18, 2024
Page
461 of 556

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

This document represents the City of Menifee’s 2023/2024 Consolidated Annual Performance Evaluation Report (CAPER) related to the City’s Community Development Block Grant Program (CDBG). Pursuant to the federal regulations applicable to the CDBG Program, the CAPER is prepared annually to evaluate the City’s overall progress and performance in meeting the priority activities identified within its’ Consolidated Plan and Annual Action Plan. The CAPER provides the Department of Housing and Urban Development (HUD), the public, and the City an opportunity to review its accomplishments over the most recent program year.

Since 2010, the City of Menifee has continued to experience significant growth year by year, with a population of 111,560 as of April 30, 2024 (per California Department of Finance’s most current statistics), representing an increase of 2% more than last year.

Program Year 2023/2024 for the period of July 1, 2023, to June 30, 2024, represents the City’s second year of the period addressed within the Consolidated Plan: 2022-2027. Comprehensively, in addition to the specific objectives and goals identified within the Consolidated Plan, during the 2023/2024 Program Year, the City concentrated its efforts on addressing the specific goals/objectives of the 2023/2024 Annual Action Plan.

A total of Two Thousand nine Hundred Nineteen (2,919) Low-and Moderate-Income persons were served through various projects/activities during the 2023/2024 Program Year period (this includes prior year programs/projects completed in the 2023/2024 timeframe). Including:
▪
▪
Senior Services: A total of Seventy-Eight (78) LMI seniors o Ten (10) households for the Minor Home Rehabilitation Grant Program specifically targeting seniors 62+ and/or disabled persons
o Twenty-Nine (29) senior and/or disabled homeowners assisted by Habitat for Humanity
o Thirty-Nine (39) seniors 62+ were provided with comprehensive hospice services Youth Services: One Hundred and Fifty-Three (153) LMI youth o Eighty-Three (83) youths received school clothing from the Assistance League of Temecula Valley
o Fifty-five (55) youths received before and after school programs from the Boys & CAPER 1
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 8

Menifee Mayor and City Council
September 18, 2024
Page
462 of 556

Girls Club of Menifee Valley
o Fifteen (15) youths participated in the track & field sport program from Mustangs Track & Field Club
▪
▪
▪
Emergency Food Distribution Services: One Thousand Eight-Hundred and Seven (1807) LMI persons were assisted with food baskets
Domestic Violence Services: Ninety-Two (92) LMI persons were assisted within the City of Menifee
Fair Housing Services and/or Tenant Services were provided to Six Hundred and Thirty-Four (634) persons within the City of Menifee
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

CAPER 2
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 9

Menifee Mayor and City Council
September 18, 2024
Page
463 of 556

Table 1 - Accomplishments – Strategic Plan & Program Year to Date 5-Year Strategic Plan 2023/2024 Program Year 2
Percent2023/2024
Amount
Unit of
MeasureGoal Category Indicator PercentExpected Actual Expected ActualComplete Complete Affordable
Housing
Preservation
Fair Housing
Services
Homeowner
Housing
Rehabilitated
Affordable
Housing
CDBG:
$100,000 Households
Households
50 17 34%
44%
10 10 100%
Affordable
Housing
CDBG:
$23,000 Other 2500 1106 550 634 115%
Public service
activities other
than
Low/Moderate
Income
Homelessness
Prevention
Services
CDBG:
$17,177
Persons
AssistedHomeless 7000
6200
3280
3627
1230
689
52%
100%
21%
1400
1240
415
1807
1240
323
129%
Housing
Benefit
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Public service
activities other
than
Infrastructure
and Public
Facilities
Improvements
Non-Housing
Community
Development
CDBG:
$223,101
Persons
Assisted 100%
Services for
Low- and
Moderate-
Income
CDBG:
$62,000
Persons
AssistedPublic Services Low/Moderate 78%
Income
resident Housing
Benefit
CDBG:
$82,569
Program
Administration Administration
Administration
Other
Other
Other
Other
-
-
-
-
-
-
-
-
-
-
-
-
Activity Deliver
Cost for
Affordable
Housing
CDBG:
$20,000
Prevention
Program
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities CAPER 3
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 10

Menifee Mayor and City Council
September 18, 2024
Page
464 of 556

identified.

During Program Year 2023/2024 the City of Menifee focused on addressing the following four (4) objectives:

1. Administration (Program implementation and planning activities, including fair housing services)

2. Owner Housing Rehabilitation Objectives

3. Public Facilities Objectives

4. Public Services Objectives
Program Year 2023/2024 is the City’s twelfth year participating as an entitlement community within the CDBG Program. During the 2023/2024 year, the City has been able to make significant progress in accomplishing various goals.

The City of Menifee’s primary objective is to use its CDBG funds to provide Low-and Moderate- Income persons with a decent and suitable living environment, including economic opportunities.

Under the four objectives listed above, during 2023/2024 the City was able to accomplish the following:

1. Administration: Delivery/implementation of CDBG-funded services/projects. a. Fair Housing Services by contract with Fair Housing Council of Riverside County. Six hundred thirty-four (634) persons received fair housing services during the 2023/2024 program year. (Funded: $23,000 Expended: $23,000);

2. Owner Housing Objectives: During 2023/2024, a total of ten (ten) Low-and Moderate- Income households of senior (62+) and/or permanently disabled owner-occupants residing within the City of Menifee received direct assistance through the Minor Home Rehabilitation Grant Program. Assistance was provided for repairs such as water heater replacements, re- roofs, and ADA accessibility improvements. By means of the Minor Home Rehabilitation Grant Program, the City is able to further the objectives of preserving affordable housing stock in good condition, and providing Low-and Moderate-Income seniors and/or permanently disabled persons with a decent, suitable, and more accessible living environment. (Funded: $100,000 Expended: prior year & current funds $158,303);

3. Public Services: Funding of public services for the 2023/2024 program year was reflected as one of the highest priority needs based on the Community Needs Assessment completed in 2022. As a City with a large senior and young family population, senior and youth services were identified as priorities. The various programs/activities included in the 2023/2024 CAPER 4
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 11

Menifee Mayor and City Council
September 18, 2024
Page
465 of 556

program are reflective of this and include:

Youth Services:
a. Boys and Girls Club of Menifee Valley: Before and After School Programs (Scholarships), which provided scholarships for low-and moderate-income youth residing within the City of Menifee to participate in the various Before and After School recreation programs offered by the local chapter of the Boys and Girls Club. (Funded; $11,000 Expended: $11,000)
b. Assistance League of Temecula Valley: Operation School Bell Program, which provided school-appropriate clothing for low-and moderate-income youth residing within the City of Menifee for the beginning of the school year. (Funded: $10,000 Expended: $10,000)
c. Menifee Mustangs Track & Field Club: Provides youth ages 5 – 17 years of age with positive outlets through the sport of track and field. (Funded: $10,000 Expended:
$5,186)
Senior Services:
a. Habitat for Humanity Inland Valley: A Brush with Kindness Program, which provided repairs and maintenance within the City of Menifee. (Funded: $11,000 Expended:
$11,000)
b. Hospice of the Valleys: Senior Assistance Program, which provided comprehensive hospice services for senior residents residing within the City of Menifee (Funded $10,000, Expended: $10,000)
Other Categories:
a. Menifee Valley Community Cupboard: Emergency Food Distribution Program (Homelessness Prevention Services) which provides emergency food for Low-and Moderate-Income persons and families residing within the City of Menifee. (Funded:
$17,177 Expended: $17,177)
b. SAFE Alternatives for Everyone: Provided services to children, youth, and families who were at risk or who had experienced abuse and violence. Funded: $10,000 Expended: $10,000)
CAPER 5
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 12

Menifee Mayor and City Council
September 18, 2024
Page
466 of 556

CARES Act CDBG-CV Funding Summary
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES), Public Law 116- 136 was signed by the President of the United States. This made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds, to respond to the growing effects of the historic COVID-19 public health crisis. The Department of Housing and Urban Development (HUD) informed City of Menifee that CARES Act funding would be allocated to the City based on the existing entitlement formulas for the CDBG program.

CDBG-CV funding was allocated to jurisdictions in three phases. HUD allocated the first and third phases of CDBG-CV funds to the City in the amount of $307,232 and $404,459, separately. The second phase was allocated to States and insular areas. During the 2020 program year, the City allocated the CDBG-CV funds to public services projects. Each project was selected to assist in carrying out the City’s CDBG priority need for COVID-19 - Prepare, Prevent, and Respond to Coronavirus.
▪ CDBG-CV Activity Summaries FY2023/2024:
▪ Homeless Outreach Services: One Hundred and Fifty-Five (155) LMI persons were assisted with housing, mental health, and substance abuse services CAPER 6
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 13

Menifee Mayor and City Council
September 18, 2024
Page
467 of 556

Starting
Balance
23/24
Expenditures
Unit of
Measure
Expected
(Cumulative)
Actual
(Cumulative)
Percent
CompleteGoal Category
Rental/Mortgage
Food Activity
COVID-19
Prepare, Prevent
and Respond
COVID-19
Prepare, Prevent
and Respond
COVID-19
Prepare, Prevent
and Respond
COVID-19
Prepare, Prevent
and Respond
COVID-19
Household
Assisted0 0 28
350
50 15
15 -
31 320
155
20 24
-
111%
91%
310%
133%
160%
-
Persons
Assisted0 0
$8,556
0 Homeless
Outreach
Persons
Assisted$134,883
Persons
AssistedComputer Lab 0
0 Persons
AssistedPrepare, Prevent
and Respond
COVID-19
Prepare, Prevent
and Respond
Boys & Girls Club 0
Planning and
Administration $43,428 $8,927 -
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG
White 2322
297
72 Black or African American
Asian
American Indian or American Native 28
Native Hawaiian or Other Pacific Islander 22
Total 2741
1241
1678
Hispanic
Not Hispanic
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The above table utilized data automatically populated through the EconPlanning Suite system for CDBG PY2023/2024; however, it did not accurately reflect all the required racial and ethnicity IDIS categories as required in IDIS reporting. The total should be 2,919 which includes the numbers in the table above as well as the following: American Indian/Alaskan Native & White (12), Asian White (33), Black/African American & White (23), American Indian/Alaskan Native & Black/African American (19), Other Multi-Racial (91).

CAPER 7
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 14

Menifee Mayor and City Council
September 18, 2024
Page
468 of 556

CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
$977,528CDBG

CDBG-CV
Federal
Federal
$1,032,243
$ 178,311 $ 17,483
Table 3 - Resources Made Available
Narrative
During the fiscal year, the City of Menifee had a total of $1,210,554 in Federal CDBG funding available to fund eligible Housing and Community Development activities in low-and moderate- income areas and to fund local agencies that provide services that assist low- and moderate-income residents throughout the City. The funding consisted of $527,847 in new entitlement funding through CDBG, $504,396 of prior-year funding, and $178,311 in CDBG-CV funds.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Target Areas
Citywide
42%
58%
40%
60%
New entitlement funds
only
Table 4 – Identify the geographic distribution and location of investments Narrative
Funds expended during 2023/2024 were mainly used connected to Low-and Moderate-Income Clientele (LMC) activities serving Low-and Moderate-Income persons residing within and throughout the City of Menifee.

CAPER 8
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 15

Menifee Mayor and City Council
September 18, 2024
Page
469 of 556

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The CDBG Program does not require matching funds. Whenever possible, the City will continue to seek other funding opportunities (public and private) to help address the needs of its community and will evaluate potential leverage opportunities to maximize addressing needs in future program years.

CAPER 9
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 16

Menifee Mayor and City Council
September 18, 2024
Page
470 of 556

CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate- income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units
Number of Non-Homeless households to be
provided affordable housing units
Number of Special-Needs households to be
provided affordable housing units
Total
0 0
0 0
0 0
0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0
0 0
0 Number of households supported through
The Production of New Units
Number of households supported through
Rehab of Existing Units 10 10
Number of households supported through
Acquisition of Existing Units
Total
0 10
0 10
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

During Program Year 2023/2024, the City was able to complete rehabilitation on Ten (10) projects under its Minor Home Rehabilitation Grant Program (MHRGP), and thirty-seven (29) through the Habitat for Humanity – Brush with Kindness Program.

The MHRGP program provides assistance to income-eligible owner-occupant seniors (62+) or permanently disabled persons.

CAPER 10
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 17

Menifee Mayor and City Council
September 18, 2024
Page
471 of 556

Improvements completed under the program included, but are not limited to, replacements of the water heater(s), re-roofs, ADA grab bar additions, ramps/entrance accessibility improvements, ADA accessible toilet replacements, sub-flooring replacements, non-operating HVAC replacements, etc.

With respect to the Brush with Kindness program, Habitat for Humanity provides repairs and maintenance to low-to-moderate-income residents. Residents served under the Brush with Kindness Program are senior citizens, veterans, unemployed, working families, and those with physical disabilities.

Examples of types of minor housing projects are those that reduce blight and resolve small repairs and maintenance issues such as landscaping, exterior painting, fascia, and fence repairs.

Discuss how these outcomes will impact future annual action plans.

The program has been very well received by the senior community and serves as one of the primary housing assistance programs for income-eligible senior residents. The City has worked in the last year to improve efficiencies in the delivery of the program and re-focused on completing the projects in a timely manner. Currently, there is a waiting list of two hundred nineteen (219) seniors and or permanently disabled persons awaiting help from the MHRGP. Future Consolidated Plans will evaluate the size of the program comprehensively and the feasibility of what can feasibly be completed within a year’s timeframe and make any necessary adjustments if needed.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 8
21 10
39 0
0 0
0 Low-income
Moderate-income
Total
Table 7 – Number of Households Served
Narrative Information
Collectively, the City’s MHRGP and Habitat for Humanity, provide home repairs and or maintenance to eight (8) extremely low-income, twenty-one (21) low-income residents, and ten (10) moderate-income residents in an effort to keep housing affordable and improve living conditions.

CAPER 11
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 18

Menifee Mayor and City Council
September 18, 2024
Page
472 of 556

Housing Needs
With respect to affordable housing, the 2022-2027 Consolidated Plan identified property maintenance warrantable for addressing housing needs in Menifee. As such to address the Minor Home Rehabilitation Grant Program (MHRGP) was included in the 2023/2024 Annual Action Plan projects/activities. The outcome goal for the program is to assist approximately ten (10) LMI household units. Through the Minor Home Rehabilitation Grant Program, the City’s objective is to foster and maintain existing affordable housing stock. “WORST-CASE NEEDS”: Worst-case housing needs are defined as low-income renter households who pay more than half their income for rent, live in seriously substandard housing, or have been involuntarily displaced. The City of Menifee served the worst-case needs in FY 2023/2024 by providing the following:

More than 50% of rent: The Housing Choice Voucher rental assistance Program provided housing payment assistance to those qualifying households who paid more than 50% of their income for housing. CDBG and ESG funds were utilized through various agencies to aid with food and other support services.

Substandard Housing: The Housing Choice Voucher rental assistance program and various residential rehabilitation programs (stated above) ensured that substandard housing met HQS Standards, State Standards, and/or local rehabilitation standards for decent housing.

Additionally, the City participates in the County’s mortgage certificate program.

Involuntarily Displaced: During the reporting period, there was no voluntary or involuntary displacement through the City’s Federal Entitlement Programs.

The City has also identified homelessness as a worst-case need and allocated CDBG funds for Homeless Outreach Prevention Program.

Persons with Disabilities: The City has focused its capital improvement projects on removing barriers to those with disabilities. In the last few years and currently, the City has retrofitted, upgraded, and brought neighborhoods (eligible tract areas) into compliance by adding ADA pedestrian ramps.

CAPER 12
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 19

Menifee Mayor and City Council
September 18, 2024
Page
473 of 556

CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Riverside County decided to only conduct a sheltered homeless Point in Time (PIT) count in 2024, (a total of 1,808) and move to perform a full PIT in 2025. This strategic shift, permitted by the U.S.

Department of Housing and Urban Development (HUD), will allow the county to allocate resources previously dedicated to the annual count toward housing support. The decision to move to a biannual count will allow the county to focus on permanently housing those living in the streets, adding to the 6,104 housed since the 2023 PIT count.

The 2023 Point-In-Time Homeless Count Report (May 2023), s h o w e d an estimated 2,441 unsheltered homeless people and 1,284 sheltered homeless people, for a total o f 3,725 homeless people, live in Riverside County. The survey documented about 25 homeless people living in Menifee.

To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the Menifee Police Department created the Homeless Liaison Officer (HLO) in April 2022. The HLO and Riverside University Health System-Behavioral Health (RUSH-BH) are trained in working with homeless-related problems and are knowledgeable about local and regional resources. They provide referrals to local service providers to address the homeless person’s needs. Prior to July 1, 2020, when the City of Menifee Police Department was incorporated, the City had a contract with the Riverside County Sheriff's Department.

While the City does not currently have a high homeless population, the Strategic Plan developed as part of the 2022-2027 Consolidated Plan, specifically identified the Elimination of Homelessness as one of its goals. To achieve this goal, the City is a member of the Continuum of Care and will continue to participate in the County of Riverside’s Plan to End Homelessness as a county-wide effort. The County’s plan includes:
•
•
•
•
•
•
•
Homeless Prevention
Discharge Planning
Street Outreach
Shelter Beds
Transitional Housing
Permanent Supportive Housing
Permanent Affordable Housing
CAPER 13
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 20

Menifee Mayor and City Council
September 18, 2024
Page
474 of 556

•
•
•
•
Homeless Management Information System
Mainstream Resources
Housing Trust Fund
Inclusionary Housing Practices
The City has and will continue to support all County efforts as well as collaboration with other jurisdictions and CDBG recipients, in addressing existing homelessness, as well as actions to help homeless persons transition to permanent housing and independent living.

The County of Riverside Department of Public Social Services (DPSS) and Continuum of Care (CoC) continue to focus on expanding the services available to the homeless, including providing additional beds, units, and services. Menifee residents are able to serve through programs such as the Riverside County Emergency Food and Shelter Program.

Addressing the emergency shelter and transitional housing needs of homeless persons In completion of the 2023 Homeless Point-In-Time Count, the Riverside CoC reported 1,277 emergency shelter beds and 292 transitional housing beds in Riverside County. Transitional Housing (TH) covers the cost of housing while providing case management and support services; providing a period of stability to enable homeless households to transition successfully to and maintain permanent housing within 24 months of program entry. To achieve its goal of ending homelessness, the CoC encourages communities to transform transitional housing programs into permanent supportive housing or rapid rehousing. The CoC partners with the Riverside County EDA, which administers ESG funding, to integrate CoC and ESG funding and increase the number of families with children who are assisted through rapid rehousing. In addition, non-McKinney-Vento funding sources, such as the Emergency Food and Shelter Program (EFSP), funded under FEMA, will be matched as a source for rental/mortgage assistance for families that are homeless or at risk of homelessness in the county's strategy to meet this goal.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The CoC has adopted and implemented a Housing First and Rapid Rehousing CoC-wide approach to reduce the length of time homeless (LOTH) and has recently increased the number of public/private partners to help implement these approaches. In addition, the CoC is revising the intake process to ensure homeless households are given the appropriate intervention at the CAPER 14
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 21

Menifee Mayor and City Council
September 18, 2024
Page
475 of 556

time they are admitted into the program to reduce their stay; adjusted CoC and ESG case management procedures to move away from the housing-ready approach to a home-based case management approach; improved HMIS data collection through training; and generate a monthly report for outcome measurement.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The County of Riverside CoC discharge policy is mandated by the State. The Discharge Planning Committee of the CoC is responsible for implementing policies and protocols, and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The County of Riverside Department of Mental Health collaborates with the Department of Public Social Services and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by serious mental health and/or substance abuse disorders.

Foster Care and Extended Foster Care programs help transition dependent youth who are emancipating from foster care to independent living. The Department of Public Social Services, the City of Menifee Police Department, and the Probation Departments support the CoC's mission of working towards reintegrating persons leaving correctional facilities to community- based living and self-sufficiency.

CAPER 15
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 22

Menifee Mayor and City Council
September 18, 2024
Page
476 of 556

CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Menifee does not have a Housing Authority. Any publicly subsidized housing within the City is provided and managed by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support its efforts.

Currently, the City has three (3) publicly assisted multiple-family projects that offer 226 deed- restricted units affordable to lower-income households. The Vineyards project offers 81 units affordable to lower-income seniors. The Avila apartment has 178 units, of which 36 units are affordable to lower-income family households. The 118-unit Halter Hillside I and II project provides 110 affordable units to seniors.

Additionally, the County of Riverside’s Housing Choice Voucher (Section 8) program provides rental assistance to very low-income families to help them afford decent and safe rental housing in Menifee. This program is currently administered by the Riverside County Housing Authority.

The Housing Authority accepts applications for rental assistance, selects the applicant for admission, and issues the applicant a rental voucher. The family must then find and lease a unit suitable to the family's needs and desires in the private rental market. The Housing Authority pays the owner a portion of the rent that generally covers the difference between what the tenant can afford (30% of income) and the locally determined fair market rent and payment standard. Because of the limited number of vouchers, there is a waiting list for vouchers.

Currently, there are 141 residents of Menifee provided with the County of Riverside’s Housing Choice Voucher.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
While the City of Menifee does not have a Housing Authority, it actively encourages participation through the various housing programs administered by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support its efforts.

Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Riverside (HACR) is not a troubled agency and has been HUD rated as either a "High Performer" or a "Standard Performer" in the past few years.

CAPER 16
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 23

Menifee Mayor and City Council
September 18, 2024
Page
477 of 556

CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) As a main component of the City’s General Plan, the Housing Element (2021-2029) of the Plan specifically reviews, assesses, and identifies the jurisdictions’ housing stock, any existing barriers/constraints to affordable housing, and actions, plans to mitigate the identified barriers/constraints.

As of December 18, 2013, the City of Menifee’s first General Plan was formally adopted by City Council. The 6 th Cycle Housing Element was adopted on November 16, 2022, and on April 5, 2023, the California Department of Housing and Community Development (HCD) found the City’s 6 th Cycle, 2021-2029 Housing Element in compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The Housing Element incorporates the City’s strategy to eliminate barriers to affordable housing.

The City’s Housing Element includes an analysis of potential and actual market, governmental, and environmental constraints to the production, maintenance, and improvement of housing for persons of all income levels, including persons with disabilities. The adopted Housing Element identifies the following main categories of barriers/constraints in its analysis:
• Market Constraints – development costs, accessibility to financing, fees, and assessments
• Land Use Controls – Conformity with General Plan Land Use • Development Regulations – Development standards, parking standards, building codes and enforcement, subdivision requirements, energy conservation, • Permitting Processes – Plot Plan process, design review process, housing for people with disabilities
In 2015, the City began implementation of the strategies to mitigate the identified constraints/barriers. While some of the identified factors, such as market constraints are not within the direct control of the City, by including and identifying them in its analysis, the City has a comprehensive perspective and approach to proactively working on increasing accessibility to affordable housing.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) CAPER 17
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 24

Menifee Mayor and City Council
September 18, 2024
Page
478 of 556

The City of Menifee works closely with the County of Riverside to address obstacles related to meeting underserved needs. The County directs services, education, referrals, and public health assistance to Menifee residents through its HIV/AIDS programs, Lead Hazard Control Program, Elderly Services/Office of Aging, Homeless Programs Unit, Substance Abuse Programs, Mental Health Programs, and Anti-Poverty Programs. The City will continue to work closely with the County of Riverside.

Additionally, comprehensively through the public facilities/infrastructure projects and public services program/activities the City seeks to provide direct service and improvements to the underserved populations within Menifee.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) While the City does not currently have a stand-alone lead prevention program, lead-based paint hazard awareness, identification, testing, and if needed, mitigation, are incorporated as part of the Minor Home Rehabilitation Grant Program. Additionally, the City will continue to participate in all lead-based paint hazard prevention programs such as the Childhood Lead Poisoning Prevention Program administered by the County of Riverside.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Menifee continues its efforts to reduce the number of families and individuals living in poverty. The City focuses primarily on supporting programs that raise household incomes and stabilize housing situations. The City utilizes CDBG to support the continuation and implementation of affordable housing that help homeless persons make the transition to permanent housing and independent living.

Menifee used resources from state, federal, and private sources to provide a number of community-based and direct services aimed directly or indirectly at decreasing the poverty level.

These programs include job enrichment, development, and placement through education and economic development; food pantry programs, and programs designed to prevent and alleviate the devastating impact of domestic violence, which often plunge women and their children into poverty.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) Program Year 2023/2024 is the twelfth year the City of Menifee participated in the CDBG Program as an entitlement community. As such, the Consolidated Plan 2022-2027 and 2023/2024 Annual Action Plan were intentionally structured with a simple framework. To enhance, organize good coordination and overcome gaps in institutional structure, the City established formal CAPER 18
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 25

Menifee Mayor and City Council
September 18, 2024
Page
479 of 556

agreements with all participating sub-recipients and a n internal memorandum of understanding (MOU) specifying the different roles of the sub-recipients/departments.

During the development and preparation for the 2023/2024 Annual Action Plan, various inter- departmental meetings were held to help identify shovel-ready projects/activities that align with the goals and objectives of the 2022-2027 Consolidated Plan.

Within the City of Menifee, the roles of the various departments with respect to the implementation of the 2023/2024 Annual Action Plan are summarized as follows:

Community Development Department: The Community Development Department ( Planning Division), will ensure CDBG compliance with City land use policies and permits, as appropriate and necessary. Additionally, the Community Development Department also coordinates t h e preparation of the Consolidated Plan, Annual Action Plan, and the Consolidated Annual Performance Evaluation Report (CAPER). The Department administers the CDBG housing programs, ensures satisfactory product and service delivery by all public service grantees, and is responsible for meeting all HUD CDBG program regulations.

City Manager’s Office: The City Manager’s Office is responsible for the day- to-day operations of the City, including financial commitments and program staffing. The Office ensures that City services, including CDBG, are performed to the highest standard in accordance with Council goals and policies.

Public Works Department: The Public Works Department is responsible for maintaining and operating all City-owned facilities including publicly maintained streets, parks, streetl i g h t s , some drainage facilities, and traffic signals. The Department is actively involved in the selection, implementation, and monitoring of CDBG infrastructure and public facilities projects.

Economic Development Department: The Economic Development Department participates in CDBG programs and projects that encourage investment in the community, create jobs, and provide opportunities for residents and businesses.

Community Services Department: The Community Services Department oversees the operation and maintenance of existing parks and recreation facilities, including the Kay Ceniceros Senior Center. Additionally, Community Services ran a Senior Meal Distribution Program due to COVID-19.

Additionally, private (non-profit) organizations played an integral role in the implementation of CAPER 19
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 26

Menifee Mayor and City Council
September 18, 2024
Page
480 of 556

the 2023/2024 Program Year. The following organizations participated as public services subrecipients:
❖ Assistance League of Temecula Valley
❖ Boys and Girls Club of Menifee Valley
❖ Habitat for Humanity
❖ Hospice of the Valleys
❖ Menifee Valley Community Cupboard
❖ Menifee Mustangs Track & Field Club
❖ SAFE Family Justice Center
The City will continue to work with the County of Riverside and local private service providers to ensure that residents of the City receive the best possible care. The City is a member of the Riverside County Continuum of Care, Western Riverside Council of Governments (WRCOG), and Southern California Association of Governments (SCAG), and works with the Menifee Valley Community Cupboard, and other service organizations to identify and address the needs and concerns of City residents.

In 2014, the City formed the Menifee Citizens Advisory Committee (MCAC) which has historically played an integral role in the CDBG Consolidated Plan and Annual Action Plan, particularly with respect to the review of the public services applications and, was expanded to meet more frequently to review/provide feedback on the full Annual Action Plan and annual CAPER prepared.

On September 9, 2024, the CAPER for PY2023 was presented to MCAC.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to enhance coordination between public and private housing and social service agencies through collaboration with various local nonprofit organizations, the Housing Authority of the County of Riverside, the County of Riverside Economic Development Agency, and other agencies that partner with the City to revitalize low-income communities utilizing CDBG, and mortgage credit certificates.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Consolidated Plan regulations require CDBG recipients to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless CAPER 20
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 27

Menifee Mayor and City Council
September 18, 2024
Page
481 of 556

of race, color, religion, sex, disability, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non- discrimination requirements of the Fair Housing Act. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document utilized for this purpose.

The AI summarizes regional and local fair housing impediments and an action plan to address impediments. The City funded Fair Housing Council of Riverside County (FHCRC) which provides fair housing services to City residents, including low- and moderate-income and special-needs populations. Services provided by FHCRC include anti-discrimination, outreach, education, mediation services, credit counseling, foreclosure prevention, and 1 st Time Homebuyer classes.

A total of 634 households were assisted during the reporting period.

CAPER 21
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 28

Menifee Mayor and City Council
September 18, 2024
Page
482 of 556

CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Menifee utilized multi-leveled monitoring to ensure all program projects/programs are completed under the CDBG Program regulations and guidelines.

Projects/Programs completed by sub-recipients and/or other City Departments included the following monitoring steps:

1. Subrecipients Agreement/MOU Executed

2. Copy of CDBG Program Policies and Procedures Provided and Discussed

3. Project/Program Kick-Off Meeting

4. Quarterly Reporting Requirements

5. Desktop Program/Project Review/Audit

6. On-Site Visits

7. Final/Close-Out Reporting Requirements
Fiscal monitoring is performed throughout the program year, from specific program budgets and performance measures delineated within the Subrecipients Agreement/MOUs executed to a thorough review of reimbursement requests received.

As part of the CDBG comprehensive Program Management, the City of Menifee conducted annual on-site programmatic and internal control visits of all the public services sub-recipients.

Additionally, sub-recipients are required to provide quarterly progress reports throughout the Program Year. As a condition of funding, the City Menifee requires each CDBG-funded project to measure performance in terms of productivity and program impact. Sub-recipients measured and reported productivity goals through quarterly reports.

The on-site visits provide an opportunity to review and evaluate project operations, administrative and financial controls. Following the on-site visits, all sub-recipients are provided with detailed follow-up letters discussing the results of the on-site visit, comprehensive desktop analysis, and where appropriate, recommended actions. Site visits provide a hands-on opportunity to review compliance with the executed agreement, proper financial management systems are in place, and project files are kept up to date.

CAPER 22
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 29

Menifee Mayor and City Council
September 18, 2024
Page
483 of 556

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

Pursuant to the requirements of the City’s Consolidated Plan/Citizen Participation Plan, during the annual preparation of the CAPER, the CAPER will be made available for public review/comment for a 15-day period, followed by a Public Hearing held on September 18, 2024, where it will be presented to City Council for adoption along with any public comments received.

A notice regarding the 15-day comment period and Public Hearing was published in the local newspaper, The Press Enterprise, in English and Spanish on September 3, 2024, as well as noticed on the City’s website. Copies of the draft CAPER were made available for review at City Hall (29844 Haun Rd, Menifee, CA 92586) or via email/mail upon request. (Comments will be inserted if any)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

There were no changes in the jurisdiction’s program objectives during the 2023/2024 program year.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A
CAPER 23
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 30

Menifee Mayor and City Council
September 18, 2024
Page
484 of 556

Item Title: 11.1
Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 31

Menifee Mayor and City Council
September 18, 2024
Page
485 of 556

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 32

Menifee Mayor and City Council
September 18, 2024
Page
486 of 556

Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 33

Menifee Mayor and City Council
September 18, 2024
Page
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Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 34

Menifee Mayor and City Council
September 18, 2024
Page
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Item Title: 11.1
Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 35

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Item Title: 11.1
Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 36

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 37

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 38

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 39

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Item Title: 11.1
Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 40

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 41

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 42

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 43

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 44

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Item Title: 11.1
Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 45

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 46

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 47

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 48

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 49

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 50

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 51

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 52

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 53

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 54

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 55

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 56

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 58

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Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2023/2024 Item Page Number: 64

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Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
PR26 - CDBG-CV Financial Summary Report

MENIFEE , CA
DATE:

TIME:

PAGE:
08-14-24
9:37
1 PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
711,691.00

0.00 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED

0.00 711,691.00
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
513,918.37
36,945.15

0.00 550,863.52
160,827.4809 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES

0.00 0.00
513,918.37
513,918.37
513,918.37
100.00%
513,918.37
711,691.00

72.21%
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
36,945.15
711,691.00

5.19%21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 76

Menifee Mayor and City Council
September 18, 2024
Page
530 of 556

Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
PR26 - CDBG-CV Financial Summary Report

MENIFEE , CA
DATE:

TIME:

PAGE:
08-14-24
9:37
2 LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.

LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.

LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 IDIS
Activity
Voucher
Number
Matrix NationalPlan Year IDIS Project Activity Name Code Objective Drawn Amount 2020 9 131 6531080 CV Food Activity
6560126 CV Food Activity
6574888 CV Food Activity
6607086 CV Food Activity
6656350 CV Food Activity
6560126 CV Homeless Outreach
6574888 CV Homeless Outreach
6656350 CV Homeless Outreach
05W
05W
05W
05W
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
05D
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
LMC
$20,910.60
$34,444.66
$76.10
$300.00
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$8,258.00
$8,556.39
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$30,484.81
$22,635.00
$8,500.00
$6,054.00
$4,130.50
$4,702.50
$4,071.00
$23,405.64
$3,691.37
$3,723.07
$240.11
10 11
132
6670442 CV Homeless Outreach
6794948 CV Homeless Outreach
6907443 CV Homeless Outreach
133 6560126 CV Rental & Mortgage Assistance
6574888 CV Rental & Mortgage Assistance
6607086 CV Rental & Mortgage Assistance
6656350 CV Rental & Mortgage Assistance
6670442 CV Rental & Mortgage Assistance
6718566 CV Rental & Mortgage Assistance
6745683 CV Rental & Mortgage Assistance
6794948 CV Rental & Mortgage Assistance
6800048 CV Rental & Mortgage Assistance
6807094 CV Rental & Mortgage Assistance
6841147 CV Rental & Mortgage Assistance
6868726 CV Rental & Mortgage Assistance
6506576 CV Computer Lab Program
6525935 CV Computer Lab Program
6531080 CV Computer Lab Program
6785480 CV Boys and Girls Club
12 13
134
135
Total $513,918.37
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 IDIS
Activity
Voucher
Number
Matrix NationalPlan Year IDIS Project Activity Name Code Objective Drawn Amount 2020 9 131 6531080 CV Food Activity
6560126 CV Food Activity
6574888 CV Food Activity
6607086 CV Food Activity
05W
05W
05W
05W
LMC
LMC
LMC
LMC
$20,910.60
$34,444.66
$76.10
$300.00
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 77

Menifee Mayor and City Council
September 18, 2024
Page
531 of 556

Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
PR26 - CDBG-CV Financial Summary Report

MENIFEE , CA
DATE:

TIME:

PAGE:
08-14-24
9:37
3 IDIS
Activity
Voucher
Number
Matrix NationalPlan Year IDIS Project Activity Name Code Objective Drawn Amount 2020 9
10 131
132
6656350 CV Food Activity
6560126 CV Homeless Outreach
6574888 CV Homeless Outreach
6656350 CV Homeless Outreach
6670442 CV Homeless Outreach
6794948 CV Homeless Outreach
6907443 CV Homeless Outreach
6560126 CV Rental & Mortgage Assistance
6574888 CV Rental & Mortgage Assistance
6607086 CV Rental & Mortgage Assistance
6656350 CV Rental & Mortgage Assistance
6670442 CV Rental & Mortgage Assistance
6718566 CV Rental & Mortgage Assistance
6745683 CV Rental & Mortgage Assistance
6794948 CV Rental & Mortgage Assistance
6800048 CV Rental & Mortgage Assistance
6807094 CV Rental & Mortgage Assistance
6841147 CV Rental & Mortgage Assistance
6868726 CV Rental & Mortgage Assistance
6506576 CV Computer Lab Program
6525935 CV Computer Lab Program
6531080 CV Computer Lab Program
6785480 CV Boys and Girls Club
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
05D
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
LMC
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$8,258.00
$8,556.39
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$30,484.81
$22,635.00
$8,500.00
$6,054.00
$4,130.50
$4,702.50
$4,071.00
$23,405.64
$3,691.37
$3,723.07
$240.11
11 133
12 13
134
135
Total $513,918.37
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 IDIS
Activity
Voucher
Number
Matrix NationalPlan Year IDIS Project Activity Name Code Objective Drawn Amount 2020 8 130 6506576 CV Administration
6525935 CV Administration
6531080 CV Administration
6581271 CV Administration
6607086 CV Administration
6656350 CV Administration
6745683 CV Administration
6794948 CV Administration
6800048 CV Administration
6841147 CV Administration
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
$5,891.27
$760.00
$6,532.75
$14,498.50
$1,567.50
$5,029.00
$1,004.39
$1,294.98
$213.03
$153.73
Total $36,945.15
Item Title: 11.1
Consolidated

Annual

Performance

and

Evaluation

Report

for

the

Community

Development

Block

Grant

Program

for

Fiscal
Year 2023/2024
Item Page Number: 78

Menifee Mayor and City Council
September 18, 2024
Page
532 of 556

CITY OF MENIFEE
SUBJECT: League of California Cities Annual Conference, General Assembly Voting Delegate Appointment
MEETING DATE: September 18, 2024
TO: Mayor and City Council
PREPARED BY: Edna Aguilar, Management Analyst
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Appoint a Councilmember as a voting delegate at the League of California Cities Annual Conference, General Assembly scheduled for October 16-18, 2024, in Long Beach, California; and

2. Discuss the proposed resolution and determine the City’s position for the designated voting delegate to accurately represent the City at the General Assembly meeting; and

3. Authorize the City Clerk to complete and return the voting delegate online submission form to the League of California Cities.

DISCUSSION
The League of California Cities (Cal Cities) will be holding its Annual Conference and Expo in Long Beach, California from October 16-18, 2024. Every year Cal Cities convenes a member- driven General Assembly which provides city officials a chance to participate in the development of Cal Cities policy. For the City of Menifee to vote on matters during the General Assembly, a voting delegate must be appointed. To qualify as the voting delegate, the appointee must be registered to attend the conference. Councilmember Ricky Estrada is currently registered to attend this year’s annual conference. Cal Cities must receive the voting delegate form no later than Wednesday, September 25, 2024.

During the General Assembly, scheduled for Friday, October 18, 2024, at 8:30 AM, voting delegates will have an opportunity to debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. This year, one general resolution was submitted for review and consideration. It is recommended that the City Council discuss the resolution in advance and establish the City’s position to ensure that the designated voting delegate accurately represents the City at the meeting.

Item Title: 12.1
League of California Cities Annual Conference, General Assembly Voting Delegate Appointment Item Page Number: 1

Menifee Mayor and City Council
September 18, 2024
Page
533 of 556

City of Menifee Staff Report
CalCities Annual Conference, General Assembly Voting Delegate Appointment September 18, 2024