12/12/22 , 10:05 AM
PLEASE COMPLETE TI-IlS INFORMATION
RECORDING REQUESTED BY:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
FREE RECORDING
This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should Be recorded without a fee pursuant to Govt. Code 6103.
AND WHEN RECORDED MAIL TO·
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 MARKET STREET
ERSIDE CA 92501-1770
Batch 15098333 Confirmation
DOC # 2022-0498941
12/12/2022 09:53 AM Fees: $0.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
.. This document was electronically submitted
to the County of Riverside for recording ..
Receipted by MARIA #309
HS SPACE FO
COOPERATIVE AGREEMENT
Title of Document
PROJECT:
PROJECT NOS.:
DEVELOPER:
SUBDIVISION:
Menifee Valley - Bella Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive ·stoim Drain,
Stage 1
4-0-00408 and 4-0-00409
RCFC Investments, LLC
Tract Map No. 31456
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ·
RECORDATION FORM
https:/ /gs .secure-re cording.com /Batch/Confirmat ion/15098333 1/2
COOPERATIV E AGREEMENT
Menifee Valley - Bella View Way Storm Drain , Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain , Stage I Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
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This Cooperative Agreement ("Agreement") , dated as of 0 OtL ~ 2D72 is entered into by and between the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT") , the City of Menifee , a California municip al corporation ("CITY"), and RCFC Investments , LLC, a California limited liability company ("DEVELOPER") (together , the "Parties") .
RECITALS
A. DEVELOP ER is the legal owner ofrecord of certain real property located within the County of Riversid e. DEVELOP ER has submitted for approval Tract No. 31456 located in the City of Menifee. As a condition of approval for Tract No. 31456 , DEVEL OPER must construct certain flood control and drainag e facilities in order to provid e flood protection and drainage for DEVELOP ER's planned development ; and B. The legal description of Tract No. 31456 is provided in Exhibit "A", attached hereto and made a part hereof ; and
C. The required flood control and drainage facilities, as shown on District Drawing No. 4-1160 and as shown in concept on Exhibit "B", attached hereto and made a part hereof, and include the construction of the following :
1. Menifee Valley - Bella View Way Storm Drain , Stage 1 ("LIN E A"), which is comprised of appro ximately 2,395 lineal feet of an underground storm drain system , as shown in blue on Exhibit "B", including its associated outlet structure, trash rack and wingwall.
At its down stream terminus, LINE A will drain to a debris basin - 1 -
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as defined below. At its upstream terminus , LINE A will collect flows from a collection basin as defined in Recital D.ii below ; and
11. Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 ("LATERAL A-3"), which is comprised of approximate ly 655 lineal feet of an underground storm drain system, as shown in red on Exhibit "B", including its associated trash rack and wingwa ll.
At its upstream terminus, LATERAL A-3 will collect flows from a collection basin as defined in Recital D.ii below; and u1. Debris Stockpi le Area ("STOCKPILE AREA"), for sediment control and debris storage, as shown in magenta on Exhibit "B", will be maintained and inspected by DISTRICT. The slopes, landscape and inigation around the STOCKPILE AREA
("STOCKPILE PERIMETER") is to be maintained by the CITY; and
1v. All safety devices requested by DISTRICT, including but not limited to concrete pads, slope protection barriers , signage and fencing ("SAFETY DEVICES") . SAFETY DEVICES shall be
purchased and installed by DEVELOPER and subject to
DISTRICT's inspection and approval; and
v. All together, LINE A, LATERAL A-3, STOCKPILE AREA and SAFETY DEVICES are hereinafter called "DISTRICT
FACILITIES"; and
v1. Assoc iated with the construction of DISTRICT FACILITIES is the construction of:
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v11. Certain underground storm drain laterals that are 36 inches or less in diameter , inlets , outlets, catch basins , connector pipes and concrete spi llway located within CITY-he ld easements or rights of way, hereinafter called "APPURTENANCES" ; and
v111. Collection Basin A and Collection Basin A-3 ("COLLECTION BASINS") , which are collection basins. Collection Basin A will collect offsite flows from the surrounding slop es north of Tract No. 31456 , and then route flows to LINE A, as shown on Exhibit "B".
Collection Basin "A-3" will collect offsite flows from the swTound ing slopes west and southwest of Tract No. 31456, and then route flows to LATERAL A-3, as shown on Exhibit "B".
COLLECTION BASINS are to be maintained and owned by
CITY; and
IX. Debris Basin ("BASIN B "), which is a combined water quality basin and detention debris basin. BASIN B will subseq uently be owned and maintained via the anticipated formation of a Comm unity Facilities District ("CFD") by the CITY. CITY intends to enter into a separate agreement with the CFD, setting forth the maintenance responsibilities for BASIN B;
x. Together , the APPURTENANCES , STOCKPILE PERIMETER , COLLECTION BASINS , BASIN Bare hereinafter called "CITY FACILITIES" ; and
D. Togethe r, DISTRICT FACILITIES and the CITY FACILITIES are hereinafter call ed "PROJECT" ; and
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E. D EVELOP ER and CITY desire DISTRJCT to accept ownership and responsibility for the operation and maintenance of DISTRJCT FACILITIES, therefore , DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and subsequentl y inspect the construction of DISTRICT FACILITIES; and F. DEVELOPER and DISTRJCT desire CITY to accept owners hip and responsibility for the operation and maintenanc e of CITY FACILITIES, therefor e, CITY must review and approve DEVELOP ER's plans and specifications for PROJECT and subseq uently inspect and approve the construction of CITY FACILITIES ; and G. DISTRJCT is willing to (i) review and approve DEVELOP ER's plans and specifications for PROJ ECT, (ii) inspect the const ruction of DISTRICT FACILITIES and BASIN B, (iii) accept ownership and respon sibility for the operation and maintenance of DISTRJCT FACILITIES and (iv) accept responsibility for the maintenance (i.e., removal of sediment and debris from) of STOCKP ILE AREA, provided DEVELOP ER (a) complies with this Agreement, (b) construct s PROJECT in accorda nce with DISTRICT and CITY approved plans and specification s and ( c) accepts owner ship and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRJCT accepts ownership and responsibility for the inspection, operation and maintenance of DISTRICT FACILITIES ; and
H. CITY is willing to (i) review and approve DEVELOP ER's plans and specifications for PROJ ECT, (ii) inspect the construction of PROJECT , (iii) accept and hold faithful performanc e and payment bonds submitted by DEVELOP ER for DISTRICT FACILITIES , (iv) grant DISTRI CT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way subject to th e terms of this Agreement, (v) accept ownership and r esponsibility for the inspectio n, operation and maintenance of CITY - 4 -
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FACILITIES , provided DEV ELOPER (a) complies with this Agreement , (b) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications , (c) obtains and conveys to CITY all rights of way necessary for the inspection , operation and maintenance CITY FACILITIES as set forth herein and (d) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the inspection, operation and maintenance of DISTRICT FACILITIES, and CITY accepts ownership of CITY FACILITIES , and CITY accepts responsibility for the inspection, operation and maintenance of CITY FACILITIES ; and
I. Pursuant to Water Code Appendix Section 10, the Board of Supervisors of the County of Riverside is designated as and is empowered to act ex officio as the Board of Supervisors of DISTRICT, therefore , the County of Riverside is included as an indemnified party; and
J. For the purposes of this Agreement, the term "CITY" shall mean and refer to the City of Menifee, including its governing bodies, agencies, districts, special districts and departments , their respective directors , councilmembers, officers, elected and appointed officials, employees , agents and representatives.
NOW, THEREFORE, in consideration of the preceding recitals, which are true and correct and incorporated into the term of this Agreement and the mutual covenants hereinafter contained, the Parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
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1. Prepar e PROJECT plans and specifications, hereinaft er called "IMPROV EMENT PLANS" , in accordance with applicable DISTRICT and CITY standards , and submit to DISTRICT and CITY for their review and approval.
2. Continue to pay DISTRICT and CITY , within thirty (30) days after receipt of periodic billings from DISTRICT and CITY , any and all such amounts as are deemed reasonably nec essa ry by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated with the review and implementation of the IMPROVEMENT PLANS , review and approval of rights of way and conveyance documents , and with the processing and administration of this Agreement.
3. Deposit with DISTRICT (Attention: Business Office - Accounts Receivable) , at the time of providing written notice to DISTRICT and CITY of the start of PROJECT construction as set forth in Section I.8., the estim ated cost of pro viding construction inspection for DISTRICT FACILITIES, in an amount as determ ined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the County of Riverside , including any amendments thereto , based upon the bonded value of DISTRICT FACILITIES. If at any time the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with DISTRICT , DEVEL OPER shall pay such additional amount(s) , as deemed reasonably necessary by DISTRICT to complete inspection of PROJ ECT, within thirt y (30) days after receipt of billing from DISTRI CT.
4. Deposit with CITY , at the time of providin g written notic e to DISTRICT and CITY of the start of PROJ ECT construction as set forth in Section I.8. , the est imat ed cost of providin g construction inspection for PROJ ECT, in an amount as det ermined and approved by CITY in accorda nce with CITY 's municipal code and regulations . If at any time the costs exceed the depo sit or are anticipated by CITY to exceed the depo sit with CITY , DEVELOPE R shall pay - 6 -
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such additional amount(s) , as deemed reasonably necessary by CITY to complete inspection of PROJECT , within thirty (30) days after receipt of billing from CITY.
5. Secure , at its sole cost and expense , all necessary licenses , agreements , permits and rights of entry as may be needed for the construction , inspection , operation and maintenance of PROJECT. DEVELOPER shall furnish DISTRICT and CITY , at the time of providing written notice to DISTRICT and CITY of the start of construction as set forth in Section I.8 . or not less than twenty (20) days prior to recordation of the final maps for Tract No. 31456 or any phase thereof, whichever occurs first , with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements , permits and rights of entry , as determined and approved by DISTRICT and CITY.
6. Prior to commencing construction , furnish DISTRICT and CITY with copies of all permits , approvals or agreements required by any federal , state or local resource and/or regulatory agency for the construction , operation and maintenance of PROJECT. Such documents include but are not limited to those issued by the U.S. Army Corps of Engineers , California Regional Water Quality Control Board , California State Department of Fish and Wildlife , State Water Resources Control Board and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
7. Provide CITY , at the time of providing written notice to DISTRICT and CITY of the start of construction as set forth in Section I.8. or not less than twenty (20) days prior to recordation of the final maps for Tract No. 31456 or any phas e thereof , whichever occurs first , with faithful performance and payment bonds , each in the amount of one hundred percent (100 %) of the estimat ed cost for construction of (i) DISTRICT FACILITIES as determined by DISTRICT and (ii) CITY FACILITIES as determined by CITY. The surety , amount and form of the bond s s hall be subj ect to approval of DISTRI CT and CITY. The bonds shall remain in - 7 -
SUBMITTAL TO THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD
OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost :
COST $0 $0
NET COUNTY COST $0 $0
SOURCE OF FUNDS: The Developer is funding all construction and construction inspection costs (100%)
C.E.O. RECOMMENDATION: Approve
BACKGROUND:
Summary
Ongoing Cost .,
$0 $0
$0 $0
Budget Adjustment: No
For Fiscal Year: N/A
The Cooperative Agreement ("Agreement") sets forth the terms and conditions by which certain flood control facilities required as a condition of approval for Tract Map No. 31456 are to be constructed by Developer and will be inspected , operated , and maintained by the District and City.
The Agreement is necessary to formalize the transfer of necessary rights of way and to provide for District construction inspection and subsequent operation and maintenance of the Menifee Valley - Bella View Way Storm Drain, Stage 1, and Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 facilities .
Upon completion of construction , the District will assume ownership and responsib ility for the operation and maintenance of the underground storm drain system greater than 36 inches in diameter for Menifee Valley - Bella View Way Storm Drain, Stage 1 and Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 facilities , stockpile area, the debris removal and debris storage volume for Basin B. The City will assume ownership and responsibility for the operation and maintenance of the project's associated water quality basin, collection basins , catch basins , inlets and connector pipes and laterals that are 36 (thirty-six) inches or less in diameter located within City rights of way.
County Counsel has approved the Agreement as to legal form , and the Developer has executed the Agreement.
Environmental Findings
Pursuant to Section 15096 of the California Environmental Quality Act (CEQA) Guidelines , the District , in its limited capacity as a responsible agency , considered the Mitigated Negative Declaration (MND) that was prepared by the Lead Agency for the Developer's residential project, reviewed the project, and provided conditions of approval that were subsequently adopted as part of the original approval. All the physical environmental impacts were determined to be mitigated to less than significant through appropriate mitigation measures that were incorporated as binding conditions of approval. No significant adverse impacts will result from execution of the Cooperative Agreement or from the operation and maintenance of the
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full force and effect until (i) DISTRICT FACILITIES are accepted by DISTRI CT as complete and (ii) CITY FACILITIES are accepted by CITY as complete ; at which time, the bond amount may be reduced to ten percent (10%) for a period of one year to guarantee against any defectiv e work, labor or materials.
8. Notify DISTRICT (Attention: Contract Services Section) and CITY in writing at least twenty (20) days prior to the start of construction of PROJ ECT. Construction shall not begin on any element of PROJECT , for any reason whatsoever, until DISTRICT and CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOP ER to commence construction of PROJECT.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performin g inspection service for the construction of PROJ ECT as set forth herein .
10. If applicable , obtain and provide DISTRICT (Attention : Plan Check Section), at the time of providing written notice to DISTRI CT and CITY of the start of construction as set forth in Section 1.8. or not less than twenty (20) days prior to the recordation of the final maps for Tract No. 31456 , with duly exec uted Irrevocable Offers(s) of Dedication to the public for flood control and drainage purpos es, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction , inspection, operation and maintenance of DISTRICT FACILITIES. The Irrevocabl e Offer(s) of Dedication shall be provided to CITY to accept on behalf of DISTRICT, in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the propert y described in the offer(s) .
11. If applicable, furnish DISTRICT (Attent ion: Plan Check Section) , when submittin g the Irrevoca ble Offer(s) of Dedic ation as set forth in Section I. 10., with Preliminar y - 8 -
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Reports on Title dated not more than thirty (30) days prior to date of submission of all the property described in the In-evocable Offer(s) of Dedication.
12. Furnish DISTRICT (Attention: Contract Services Section) and CITY, at the time of providing written notice to DISTRICT and CITY of the start of construction as set forth in Section I.8., with a complete list of all contractors and subcontractors to be performing work on PROJECT , including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.
13. Furnish DISTRICT (Attention: Contract Services Section) and CITY, at the time of providing written notice to DISTRICT and CITY of the start of construction as set forth in Section I.8., a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses , ,
DEVELOPER shall update said construction schedule as requested by DISTRICT and/or CITY .
14. Furnish DISTRICT with final mylar plans ("RECORD DRAWINGS") for PROJECT, and assign their ownership to DISTRICT prior to the staii on any portion of PROJECT construction.
15. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.
16. Comply with all Cal/OSHA safety regulations , including but not limited to regulations concernin g confined space and maintain a safe working environment for DEVELOP ER, DISTRICT and CITY employees on the site.
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17. Furnish DISTRJCT (Attention: Contract Services Sect ion) and CITY , at the time of providing written notice to DISTRJCT and CITY of the start of construct ion as set forth in Section 1.8., with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements containe d in California Code of Regulations , Title 8, Section 5158, Other Confined Space Operations; ,Sect ion 5157 , Permit Required Confined Space; and District Confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRJCT and CITY prior to the issuance of a Notice to Proceed, which shall be given by DISTRJCT to DEVELOPER upon DISTRJCT's and CITY's approva l.
18. DEVELOPER shall not commence operations until DISTRJCT (Attention: Contract Services Section) and CITY have been furnished with original certificate(s) of insurance and original certified cop ies of endorsements and, if requested, certified original policies of insurance , includin g all endorsements and any and all other attachments. Prior to DISTRJCT issuing a Notice to Proceed to DEVELOPER's construction contractor(s) to begin construction of PROJECT, an origina l certificate of insurance evidencing the required insurance coverage shall be provided to DISTRJCT and CITY. At minimum, the procured insurance coverages shou ld adhere to DISTRICT's and CITY's required insurance provided in Exh ibit "C", attac hed hereto and made a part hereof.
Failure to maintain the insurance required by the above paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRJCT or CITY, at their sole discretion , to provide written notice to DEVELOPER that either DISTRJCT or CITY will no longer be required to perform their obligations of this Agreement , nor accept responsibility for ownership , operation and maintenance of DISTRJCT FACILITIES or CITY FACILITIES due , either in whole or in part , to DEVELOPER's said breach of this Agreement.
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19. Construct or cause to be constructed PROJ ECT at DEVELOPER's sole cost and expense in accordance with DISTRJCT and CITY approved IMPROVEM ENT PLANS and this Agreement.
20. Within two (2) weeks of completing PROJECT construction, provide DISTRJCT (Attention: Construction Management Section) and CITY with written notice that PROJECT construction is substantially complete and requestin g that DISTRJCT conduct a final inspection of DISTRICT FACILITIES and CITY conduct a final inspection of PROJECT.
21. If right of way conveyance to DISTRICT is required , upon completion of PROJ ECT construction and upon acceptance by CITY of all rights of way deemed necessary by DISTRJCT and CITY for the operation and maintenance of PROJ ECT, but prior to DISTRICT acceptance of DISTRJCT FACILITIES for ownership , operation and maintenance , convey or cause to be conveyed to DISTRJCT (Attention: Plan Check Section) the flood control easement(s) , including ingress and egress , and/or grant deed( s) for the rights of way, as shown in concept in hatching on Exhibit "D" attached hereto and made a part hereof.
22. At the time of recordation of the conveyance document(s) as set forth in Section 1.21., furnish DISTRJCT (Attention: Real Estate Services Section) with policies of title insurance , each in the amount of not less than (i) fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each easement parcel to be conveyed to DISTRICT or (ii) one hundred perc ent (100%) of the estimated value , as determined by DISTRJCT , for each fee parcel to be conveyed to DISTRJCT , guaranteeing DISTRJCT's interest in said property as being free and clear of all liens, encumbrances , assessments , easements , taxes and leases (recorded or umecorded), and except those which, in the sole discretion of DISTRICT , are acceptable.
23. Accept ownership and sole respons ibility for the operation and maint enance of PROJECT until such time as (i) DISTRJCT accept s ownership and responsibility - 11 -
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for the inspection , operation and maintenance of DISTRICT FACILITIES, and (ii) CITY accepts responsibility for the inspection , operation and maintenance of CITY FACILITIES.
24. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT , all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment , all such costs , expenses and fees shall be computed as costs and included in any judgment rendered.
25. Upon completion of PROJ ECT construction , but prior to (i) DISTRICT acceptance of DISTRICT FACILITIES for ownership , operation and maintenance , and (ii) CITY acceptance of CITY FACILITIES for ownership , operation and maintenance , provide or cause its civil engineer ofrecord or construction civil engineer ofrecord , duly registered in the State of California , to provide DISTRICT and CITY with a redlined RECORD DRAWINGS copy of PROJECT plans. After DISTRICT and CITY approval of the redlined RECORD DRAWINGS , DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original RECORD DRAWINGS at DISTRICT's office , after which the engineer shall review, stamp and sign the original PROJECT engineering plans RECORD DRAWINGS.
26. Ensure that all work performed pursuant to this Agreement by DEVELOPER , its agents or contractors is done in accordance with all applicable laws and regulations , including but not limited to all applicable provisions of the Labor Code , Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
SECTION II
DISTRICT shall:
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1. Review IMPROVEMENT PLANS and approve when DISTRJCT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and, if CITY deems appropriate in its sole and absolute discretion, approve IMPROVEMENT PLANS prior to DISTRICT's final approval. DISTRICT shall not approve IMPROVEMENT PLANS until CITY has provided its approval pursuant to this Section.
3. Upon execution of this Agreement, record or cause to be recorded a copy of this Agreement in the Official Records of the Riverside County Recorder.
4. If applicable , DISTRJCT shall request CITY review any requested Irrevocable Offer(s) of Dedication in connection with the PROJECT and accept any such Irrevocable Offers of Dedication on behalf of DISTRJCT. In the same action that it accepts an Irrevocable Offer of Dedication, CITY shall immediately convey the property interest(s) associated with the requested Irrevocable Offer(s) of Dedication to DISTRICT via quitclaim or other similar conveyance document, which shall be prepared by DISTRICT. DISTRJCT shall be deemed to have accepted the property interest(s) associated with the requested Irrevocable Offer(s) of Dedication upon the recordation of the conveyance document. Neither this section nor Section I.l O restricts CITY's abi lity to require any other lawful Irrevocable Offer(s) of Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES.
6. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS , the review and approval of right of way and conveyance documents , and the processing and administration of this Agreement. - 13 -
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7. Keep an accurate accounting of all DISTRlCT construction inspection costs, and within forty-five (45) days after DISTRJCT acceptance of DISTRJCT FACILITIES as being complete , submit a final cost statement to DEVELOP ER. If the deposit , as set forth in Section I.3., exceeds such costs, DISTRJCT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete.
8. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, PROJECT shall be in a satisfactorily maintained condition as solely determined by DISTRJCT and shall have been accepted by DISTRICT for ownership , operation and maintenance. If, subsequent to the inspection and in the sole discretion of DISTRJCT , DISTRICT FACILITIES are not in an acceptable condition , corrections shall be made at sole expense of DEVELOPER.
9. Accept ownership and sole responsibility for the operation and maintenance ofDISTRlCT FACILITIES from DEVELOP ER upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I.20., (ii) DISTRJCT acceptance of DISTRICT FACILITIES construction as being complete, (iii) DISTRICT receipt of stamped and signed "RECORD DRAWINGS" of PROJECT plans , as set forth in Section I.25., (iv) DISTRICT acceptance of all rights of way as deemed necessary by DISTRICT and CITY for the ownership , operation and maintenance of DISTRICT FACILITIES, (v) CITY acceptance of CITY FACILITIES, and (vii) DISTRICT's sole determination that DISTRICT FACILITIES and are in a satisfactorily maintained condition .
10. Provide CITY with a reproducible duplicate copy of RECORD DRAWINGS of PROJECT plans within 10 days of receipt.
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11. In the event CITY wishes to utilize DISTRICT's construction inspection , materials testing and construction survey services , and CITY provides DISTRICT with a written request for such services under Section III.3., DISTRICT shall provide a timely response whether or not they have the resources to perform such services. If DISTRICT wishes to provide such services, DISTRICT shall provide all necessary construction inspection, materials testing and construction survey services for PROJECT and assist CITY as needed with the administration of PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs associated with the inspection of PROJECT construction , as set forth herein.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS pnor to the start of PROJECT construction .
2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER as set forth in Section 1.7., and hold said bonds as provided herein.
3. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager , to be reimbursed by DEVELOPER. In the event CITY wishes to utilize DISTRICT's construction inspection , materials testing and construction survey services, CITY shall provide DISTRICT with a written request (Attn: Construction Management) for such services pursuant to Section II.1 I above.
4. Upon request by DISTRICT , CITY shall review any requested Irrevocable Offer(s) of Dedication in connection with the PROJECT and accept any such Irrevocable Offers of Dedication on behalf of DISTRICT. In the same action , CITY shall immediatel y convey the property interest(s) associated with the requested Irrevocab le Offer(s) of Dedication to - 15 -
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DISTRICT via quitclaim or other similar conveyance document , which shall be prepared by DISTRICT. DISTRICT shall be deemed to have accepted the property interest(s) associated with the requested Irrevocable Offer(s) of Dedication upon the recordation of the conveyance document.
5. Grant DISTRICT , by execution of this Agreement , the right to inspect , operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT (including its employees , supervisors , agents, contractors and anyone else operating under their direction) exercises such right( s) in a safe and reasonable manner that does not adversely impact the public health and safety.
6. Accept ownership and sole responsibility for the inspection, operation and maintenance of CITY FACILITIES, upon (i) CITY inspection of PROJECT in accordance with Section 1.20., (ii) CITY and DISTRICT acceptance of PROJECT construction as being complete , (iii) CITY receipt of signed reproducib le duplicate copy of RECORD DRAWINGS of PROJECT plans, as set forth in Section II.10., (iv) CITY acceptance of all rights of way as deemed necessary by DISTRICT and CITY for the ownership , operation and maintenance of DISTRICT FACILITIES , and CITY FACILITIES, as outlined in this Agreement, and the (v) CITY's sole determination that PROJECT is in a satisfactorily maintained condition. In addition to the foregoing , CITY's acceptance under this section shall not be effective until DISTRICT's acceptance of DISTRICT FACILITIES , under Section II, above . As such, until DISTRICT accepts DISTRICT FACILITI ES, the ownership and maintenance obligations regarding the CITY FACILITIES shall be the sole responsibilit y of DEVELOPER.
7. Releas e occupancy permits in accordance with the approved conditions of approva l.
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8. Notwithstanding any of the foregoing , prior to accepting ownership of CITY FACILITIES, PROJ ECT shall be in a satisfactorily maintained condition as solely determined by CITY. If, subsequent to the inspection and in the sole discretion of CITY , CITY FACILITIES are not in an acceptab le condition , corrections shall be made at sole expense of DEVELOPER.
9. Upon DISTRICT and CITY acceptance of PROJ ECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portion of DISTRI CT FACILITIES is improved , repaired , replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
SECTION IV
It is further mutually agreed by the parties hereto that:
1. AU work involved with PROJECT shall be inspected by DISTRICT and CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writin g that construction of the PROJECT is complet ed in accordance with DISTRICT and CITY approved IMPROVEM ENT PLANS.
2. CITY and DEVELOPER personnel may observe and inspect all work being done on PROJECT , but shall provide any comments to DISTRICT personnel who shall be solely responsible for all guality control communications with DEVELOP ER's contractor(s) during the construction of PROJ ECT. Prior to any communication with DEVEL OPER under this section , DISTRICT and CITY personn el shall meet and confer and agree to all communications conveyed to DEVELOPER. If DISTRICT and CITY should disagree as to the - 17 -
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content of any particular communication , DISTRICT persom1el agree to communicate CITY comments to DEV ELOPER in addition to DISTRICT comm ents.
3. DEVELOPER shall complete construction of PROJECT within eighteen (18) consecutive months after receipt of Notice to Proceed from DISTRICT and CITY. It is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case , CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. If DEV ELOPER fails to commence construction of PROJECT within nine (9) months after the Notice to Proceed is issued , then DISTRICT and CITY reserve the right to review the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT and CITY of the start of construction as set forth in Section 1.8. In the event of a change in the existing site conditions that (i) materially affects PROJECT function , or (ii) DISTRICT's ability to operate and maintain DISTRICT FACILITIES , or (iii) CITY's ability to operate and maintain CITY FACILITIES, DISTRICT or CITY may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT or CITY. Under no circumstances shall either DISTRICT or CITY be allowed to modify the IMPROVEMENT PLANS without the consent of the other.
5. DISTRICT and CITY shall endeavor to issue DEV ELOPER a Notice to Proceed within twenty (20) days of receipt of DEVELOP ER's complete written notice , as set forth in Section I.8., and submittal of all the required items as set forth in this Agreement , includin g but not limit ed to Sections 1.3., 1.4., 1.7., I.10. , I.12. , I.13. , 1.17. and 1.18; however , - 18 -
PS/24 5716
DISTRICT's and CITY's construction inspection staff is limited and may take up to 60 days for the issuance of a Notice to Proceed as determin ed by the DISTRICT and CITY .
In the event DEVELOP ER wishes to expedite issuanc e of the Notice(s) to Proceed , DEVEL OPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual's credential s a nd experience to DISTRI CT and CITY for review and, if appropriate, approval, as determined by DISTRICT and CITY in their reasonable discretion.
DISTRICT and CITY shall review the individual's qualifications and experience and upon approval thereof , said individual, hereinafter called "DEPUTY INSP ECTO R" , shall be authorized to act on DISTRICT's and CITY's behalf on all PROJECT construction and quality control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section 1.3. excee ds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOP ER's initial inspection deposit within forty-five (45) days of DISTRICT's approval of DEPUTY INSP ECTOR ; however , a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, fo1iy (40) hour work week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal holidays , unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is neces sary to work more than the normal forty ( 40) hour work week or on holidays, DEV ELOPER shall make a written request for permission to DISTRICT and CITY to work the additional hours . The request shall be submitted to DISTRI CT and CITY at least seventy-two (72) hours prior to the requested additional work hour s and state the reasons for the overtime and the specific time frames required. The decision of granting perm ission for overtime work shall be made by DISTRICT and CITY, whose respect ive decisions can be given in their sole - 19 -
PS/2457 16
discretion and shall be final. If permission is grante d by DISTRICT and CITY, DEVELOPER will be charged the cost incurr ed at the overtime rates for additional inspection time required in connection with the overtim e work in accordance with Ordinan ce Nos. 671 and 749 , includin g any amendments thereto , of the County of River side, as well as CITY's applicable fee schedule and/or other related ordinance or regulation. Notwithstanding the foregoing , should DISTRICT agree to provide inspection and management services to CITY pursuant to a request by CITY under Section II(l 1) and Section III(3) , above , CITY can also agree to not requir e its consent under this section.
7. INDEMNIF ICATION OBLIGATIONS :
1. DEVEL OPER INDEMNIFICATION OF DISTRICT AND THE
COUNT Y OF RIVERSIDE. DEVELOPER shall indemnify and hold harml ess DISTRICT and the County of Riverside , (includin g their Agencies, Districts , Special Districts and Departments , their respective directors , officers , Board of Supervisors, elected and appointed officials , e mployees, agents and representative s) (individually and collectively hereinafter referred to as "DISTRICT INDEMNIT EES ") from any liability whatsoever, claim, danrnge, proceeding or action, present or future, based upon , arising out of or in any way relating to DEVELOP ER's (includin g its officers, employees, contractors , subcontractor s and agents) actual or alleged acts or omis sions related to this Agree ment, performance under this Agree ment, or failure to comply with the requirements of this Agreement , includin g but not limited to: (a) property dama ge; (b) bodil y injury or death; (c) liability or damage pursuant to Atiicle I, - 20 -
PS/2457 16
Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law, ordinance or regulation caused by the diversion of waters from the natural drainage patterns or the discharge of drainage within or from PROJ ECT; or (d) any other element of any kind or nature w hatsoever arising from the performance of DEVEL OPER, its officers, employees , contractors, subcontractors, agents or representatives from this Agreement.
DEVEL OPER shall defend, at its sole expense, includin g all costs and fees (including but not limited to attorney fees , cost of investigation , defense and settlements or awards), the DISTRICT INDEMNITEES in any claim, proceeding or action for which indemnification is requir ed.
With respect to any action or claim subject to indemnifi cation herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, compromise any such claim , proceeding or action without the prior consent of DISTRICT and the County of Riverside; provid ed, however, that any such adjustment , settlement or compromise in no manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to the DISTRI CT INDEMNITEES as set forth herein.
DEVEL OPER's indemnification obligations hereunder shall be satisfied when DEVELOPER has provided to DISTRICT and the County of Riverside the appropri ate form of dismissal (or similar - 21 -
PS/24 57 16
document) relieving DISTRICT and the County of Riverside from any liability for the claim , proceeding or action involved.
11. DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnify and hold harmless CITY, including its governing bodies , agencies , districts, special districts and departments, their respective directors , officers , councilmembers , elected and appointed officials , employees , agents and representatives , (individually and collectively "CITY INDEMNITEES") from any liability , claim , damage , proceeding or action , present or future, based upon, arising out of or in any way relating to this Agreement , or DEVELOPER's (including its officers, employees , subcontractors and agents) actual or alleged acts or omissions related to this Agreement , DEVELOPER's performance under this Agreement, or DEVELOPER's failure to comply with the requirements of this Agreement, including, but not limited to: (a) property damage; (b) bodily injury or death; (c) liability or dan1age pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law, ordinance or regulation caused by the diversion of waters from the natural drainage patterns or the discharge of drainage within or from PROJ ECT; or ( d) any other element of any kind or nature whatsoever.
DEVELOPER shall defend , at its sole expense , including all costs and fees (including but not limited to attorney fees, cost of investigation , defense and settlement s or awards), CITY INDEMNIT EES with legal - 22 -
P8/2<J 57 l 6
counsel reasonably satisfactory to CITY in any claim proceedin g or action for which indemnification is required. If DEVELOPER fails to meet its indemnification obligation , CITY shall have the right , but not the obligation , to do so with counsel of their own choosing , with no right of approval by DEVELOPER and, if it does , DEVELOPER shall promptly pay CITY's full cost thereof , with payments made at least on a monthly basis.
DEVELOPER's indemnification obligations as to CITY
INDEMNIT EES shall be satisfied when DEVELOPER has provided to CITY a form of dismissal regarding any liability for the claim , proceeding or action involved , and CITY determines that the form of dismissal is adequate in their sole and absolute discretion.
Notwithstanding the foregoing, DEVELOPER shall enter into no settlement agreement or final resolution of any pending claim covered under this subsection, without CITY's prior written approval. 111. Should DISTRICT and CITY fail to agree with the implementation of this section, or if a pending claim pertains to only one of the two parties , DEVELOPER shall be required to comply with this section as to DISTRICT and CITY individually.
1v. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER's obligations to indemnify and hold harmles s the DISTRICT INDEMNITE ES and CITY
IND EMNITE ES from third party claims.
- 23 -
PS/24 5716
v. In the event there is conflict between this section and California Civil Code Section 2782 , this section shall be interpreted to comply with California Civil Code Section 2782. Such interpretation shall not relieve DEVELOP ER from indemnifying the DISTRICT
INDEMNITEES and CITY INDEMNITEES to the fullest extent
allowed by law.
8. DEVELOPER for itself , its successors and assigns hereby releases DISTRICT , the County of Riverside and CITY (including their agencies , districts , special districts and departments, their respective directors , officer, Board of Supervisors , elected and appointed officials , emp loyees , agents and repr esentatives) from any and all claims , demands , actions , or suits of any kind arising out of any liability , known or unknown , present or future , including but not limited to any claim or liability , based or asserted , pursuant to Article I, Section 19 of the California Constitution , the Fifth Amendment of the United States Constitution , or any other law or ordinance which seeks to impose any other liability or damage , whatsoever , for damage caused by the discharge of drainage within or from PROJECT . Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT , or the County of Riverside , or their officers , agents and employees from any and all claims , demands , actions or suits of any kind arising out of any liability , known or unknown , present or future , for the negligent maintenance of DISTRICT FACILITIES , after the acceptance of ownership , operation and maintenance of DISTRICT FACILITIES by DISTRICT.
9. Any waiver by DISTRI CT or by CITY of any breach of any one or more of the terms of this Agreement shall not be con strued to be a w aiver of any sub sequent or other breach of the same or of any othe r term hereof. Failur e on the part of DISTRICT or CITY to require exa ct, full and compl ete comp liance w ith any terms of this Agreement shall not be - 24 -
PS/245716
construed as, in any manner, changing the terms hereof , or estopping DISTRICT or CITY from enforcement hereof.
I 0. This Agreement is to be construed in accordance with the laws of the State of California. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable , the remaining provisions shall remain in full force and effect without being impaired or invalidated in any way.
11. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
To CITY:
1995 Market Street
Riverside , CA 92501
Attn: Contract Services Section
CITY OF MENIFEE
29844 Haun Road
Menifee , CA 92586
Attn: Daniel Padilla, City Engineer
Land Development Section
To DEVELOPER: RCFC INVESTMENTS, LLC
26071 Merit Circle, Suite 101
Laguna Beach, CA 92653
Attn: Gordon Y oude
12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement , shall be tried in a court of competent jurisdiction in the County of Riverside, State of California , and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the parties hereto , and the advice and assistanc e of their respective counsel , as such, the authorship of this - 25 -
PS/245716
Agreement shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. Likewise, any uncertainty or ambiguity in this Agreement shall not be construed against CITY because CITY participated in the preparation of this Agreement.
14. The rights , obligations , and releases (including the indemnification obligations) of DEVELOPER shall inure to and be binding upon all heirs , successors and assignees.
15. In the event DEVELOPER sells Tract No. 31456, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assigmnent in writing no later than 30 days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Agreement until DISTRICT , CITY, DEVELOPER and the new owner(s) of Tract No. 31456 fully execute an assignment and assumption agreement that transfers all DEVELOPER's rights, duties or obligations hereunder to the new owner(s) of Tract No. 31456.
16. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement , and have been authorized to do so by all boards of directors , legal counsel, and/or any other board , committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.
17. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandin gs, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto. - 26 -
P8/2457 16
18. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrum ent.
- 27 -
NO
PS/245716
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
COUNTY COUNSEL
Bye~~
Deputy County Counsel
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By ,K ~J. ~
KAREN SPIEGEL , Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST :
KECIA HARPER
Clerk of the Board
(SEAL)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC Menifee Valley - Bella View Way Storm Drain , Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/12/22
AMR:j ss
- 28 -
8 2022
RECOMMENDED FOR APPROVAL:
By ~ff!ILLA
City Engineer
APPROVED AS TO FORM:
CITY OF MENIFEE
By AR~ A
City Manager · ·, ·
ATTEST:
(SEAL)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC Menifee Valley - Bella View Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/12/22
AMR:jss
- 29 -
PB/245716
PS/2457 16
RCFC INVESTMENTS, LLC,
a California limited liability company
SEE ATTACHED
JURAT
By
GORDON D. YOUDE
Manager
(ATTACH NOTARY WITH CAPACITY STATEMENT)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC Menifee Valley - Bella View Way Storm Drain , Stage I
Menifee Valley - Haleys Flight Drive Storm Drain, Stage I Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/ 12/2022
AMR:jss
- 30 -
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _O_ra_n_q_e ___ _
Subscribed and sworn to (or affirmed) before me on this 2$ day of 5eptevnber , 2011.._, by Gordoh Oevin·,-s Youdr
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
C JOSHl;A AVENI DO ESCALANiE
Notary Public · California z
Oranie County ~
Commission :/ 2389768 -
y Comm. Expires Jan 6, 2026
(Seal) Signature ____ /ff;=---------
EXHIBIT A
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Riverside, State of California, described as follows:
TENTATIVE TRACT NO. 31456, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
PARCEL A OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION NORTH 89°06'50" EAST 922.38 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 29°31'37" EAST 753.55 FEET; THENCE SOUTH 00°26'49" WEST 292.86 FEET;
THENCE SOUTH 50°07'01" EAST 908.53 FEET;
THENCE SOUTH, 89°32'45" EAST 600.00 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON TILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00 FEET SOUTH OF
THE SOUTHERLY RIGHT-OF-WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 00°20'03" WEST 1102.08 FEET TO THE CENTER OF SAID SECTION;
THENCE WESTERLY ALONG THE CENTER LINE OF SAID SECTION, SOUTH 89°53'53" WEST 2607.83 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID SECTION LINE, NORTH 00°33'41" EAST 2628.41 FEET TO THE POINT OF BEGINNING;
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
WEST ½. OF SOUTH ½. OF NORTH TWO-FIFTHS OF SOUTH ½. OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST½. OF WEST½. OF NORTHWEST¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND, AND
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND, AND
THE WEST ½ OF THE SOUTH ONE-FIFTH OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTH½ OF THE WEST½ OF THE NORTHWEST¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICAL PLAT
OF SAID LAND, AND
THE EAST½ OF THE SOUTH½ OF THE NORTH TWO FIFTHS OF THE NORTH½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
A THE EAST½ OF THE SOUTH ONE-THIRD OF THE NORTH THREE-FIFTHS OF THE NORTH½ OF THE SOUTHEAST ¼ OF THE NORTH ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASS AND MERIDIAN,
ACCORDING
TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL Al:
WEST ½ OF SOUTH ½ OF NORTH TWO-FIFTHS ·oF SOUTH ½ OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST½ OF WEST½ OF NORTHWEST¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A2:
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A3:
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 \NEST, SAf'J BERf'JARDINO BASE AND MERIDIAN.
PARCEL A4:
THE SOUTH ONE-FIFTH OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE SOUTHWEST¼ OF THE NORTHWEST¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SBBM.
PARCEL AS:
THE EAST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL B:
PARCEL B OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 922.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 1675.54 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE SOUTHERLY SOUTH 00°20'003"WEST 1561.79 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00
FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE NORTH 89°32'45" WEST 600.00 FEET
THENCE NORTH 50°07'01" WEST 908.53 FEET;
THENCE 00°26'49" EAST 292.86 FEET:
THENCE NORTH 29°31'37" WEST 753.55 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:
PARCEL 2 AND LETTERED LOT "A" OF PARCEL MAP 31672, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 215, PAGES 97 THROUGH 99, INCLUSIVE OF PARCEL MAPS, INSTRUMENT NO. 2006-0080518 AND RECORDED FEBRUARY 1, 2006 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT 52 PERCENT OF THE OIL AND MINERAL RIGHTS, IN, ON AND UNDER SAID LAND
WITHOUT ANY RIGHT TO INGRESS AND EGRESS OR TO ENTER UPON THE SURFACE OF SAID
LAND FOR THE PURPOSES OF TAKING OR MINING ANY OF SUCH RESERVED OIL OR MINERALS AS RESERVED IN THE DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT, HUSBAND AND WIFE, RECORDED NOVEMBER 29, 1957 IN BOOK 2185, PAGE 189 OF OFFICIAL RECORDS.
APN: 339-020-002-9 and 339-020-003-0 and 339-020-004-1 and 339-020-005-2 and 339-020- 006-3 and 339-020-007-4 and 339-020-008-5 and 339-030-002-0
Page I of I
:s iii (]J
EXHIBIT "B"
LEGEND:
LI NE A
LATERAL A-3
ENCHANTED STAR DRIVE
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain , Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
........•. -·- ···- _/
BONANZA TRAIL DR. ·········-···-·-···-··-············-···,
EXHIBIT B
,-==
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
LEGEND
• District Maintenance
• City Maintenance
Exhibit C
DISTRICT's and CITY's Required Insura nce are as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only , the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District , the County of Riverside , its Agencies, Districts , Special Districts , and Departments , their respective directors, officers , Board of Supervisors, employees , elected or appointed officials , agents or repre sentatives as Additional Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of the Riverside County Flood Control and Water Conservation District, the County of Riverside, and CITY.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability , unmodified contractual liability, products and completed operations liability, personal and advertising injury and cross liability coverage , covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Additionally, Commercial General Liability insurance no less broad than ISO form CG 00 01. Policy shall name DISTRICT and CITY and its agencies, districts, special districts and departments, their respective directors, officers , Board of Supervisors , employees, elected or appointed officials, agents or representatives as additional insureds . Policy's limit of liability shall not be less than $5,000,000 per occurrence combined single limit.
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - Haleys Flight Driv e Storm Drain, Stage I Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
Page I of5
Exhibit C
If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. DISTRICT and CITY must be an additional insured for liability arising out of ongoing and completed operations by or on behalf of DEVELOPER. DISTRICT and CITY shall continue to be an additional insured for completed operations for two years after completion of the work. If DEVELOPER maintains higher limits than the specified minimum limits, DISTRICT and CITY require and shall be entitled to coverage for the higher limits maintained by DEVELOPER.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name DISTRICT and CITY and its agencies, districts , special districts and departments , their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as additional insureds.
D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain , Stage 1
Menifee Valley - Haleys Flight Driv e Storm Drain , Stage I Project Nos . 4-0-00408 and 4-0-00409
Tract Map No. 31456
Exhibit C
either 1) an Extended Reporting Endorsement (also known as Tail Coverage) ; or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy , which shall be reasonably acceptable to DISTRICT and CITY.
E. General Insurance Provisions - All Lines:
1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager and CITY. If the DISTRICT's Risk Manager and CITY waive a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
11. DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager and CITY before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to DISTRICT or CITY and at the election of CITY or the DISTRICT's Risk Manager, DEVELOPER 's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT; or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses .
111. DEVELOPER shall cause their insurance carrier(s) or its contractor's insurance carrier(s) , to furnish DISTRICT and CITY with 1) a properly executed original certificate(s) of insurance and certified original copies of
COO PERA TJVE AGRE EMENT
Menifee Vall ey - Bella View Way Storm Drain , Stage I
Menifee Valley - Haleys Flight Driv e Storm Drain , Stage I Project Nos . 4-0-00408 and 4-0-00409
Tract Map No. 31456
Exhibit C
endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by CITY or the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to DISTRICT and CITY prior to any material modification , cancellation , expiration or reduction in coverage of such insurance. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
1v. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT and CITY receive, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized .by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
v. It is understood and agreed by the parties hereto that DEVELOPER's insurance shall be construed as primary insurance, and DISTRICT's and CITY's insurance and/or deductibles and/or self-insured retentions or self insured programs shall not be construed as contributory . v1. If, during the term of this Agreement or any extension thereof , there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of'work which will
COOP ERATIVE AGREE MENT
Menifee Valle y - Bella View Way Storm Drain , Stage I
Menifee Valley - Haleys Flight Drive Storm Drain , Stage I Project Nos. 4-0 -0040 8 and 4-0-00409
Tract Map No. 31456
Exhibit C
add additional exposures (such as the use of aircraft, watercraft , cranes, etc.); or the term of this Agreement, including any extensions thereof , exceeds five (5) years, DISTRICT and CITY reserve the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in CITY's or the DISTRICT Risk Manager's reasonable judgment , the amount or type of insurance carried by DEVELOPER has become inadequate. vn . DEVELOPER shall pass down the insurance obligations contained herein to all tiers of contractors and subcontractors working under this Agreement. v111. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT and CITY. 1x. DEVELOPER agrees to notify DISTRICT and CITY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
DEVELOPER hereby agrees to waive rights of subrogation which any insurer of DEVELOPER may acquire from DEVELOPER by virtue of the payment of any loss.
DEVELOPER agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation , but this provision applies regardless of whether or not the CITY or DISTRICT has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the County of Riverside , CITY, and the Riverside County Flood Control and Water Conservation District for all work performed by the DEVELOPER , its employees, agents, contractors and subcontractors .
The insurance required by this section must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed , and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the DEVELOPER must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
COOP ERATI VE AGREE MENT
Menifee Valley - Bella View Way Storm Drain, Stage I
Menifee Valley - H aleys Flight Driv e Storm Drain , Stage I Project Nos. 4-0-00408 and 4-0-0 0409
Trac t Map No. 31456
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EXHIBIT "D"
COOPERATIVE AGREEMENT
Menifee Valley - Bella View Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract Map No. 31456
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