269092
AMENDMENT TO COOPERATIVE AGREEMENT
Menifee Valley - Holland Channel, Stage 1
Project No. 4-0-00412
Tract Map No. 37439
This First Amendment to Cooperative Agreement ("FIRST AMENDMENT"), dated as of , is entered into by between the Riverside County Flood Control and Water Conservation District, a body corporate and politic ("DISTRICT"), the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department ("COUNTY"), the City of Menifee, a municipal corporation ("CITY"), and D.R. Horton Los Angeles Holding Company, Inc., a California corporation ("DEVELOPER"), (together, referred to as the "Parties" and individually as "Party"). The Parties hereto agree as follows:
RECITALS
A. DISTRICT, COUNTY, CITY and DEVELOPER, entered into that certain Cooperative Agreement, which was executed on December 17, 2024, (DISTRICT's Board Agenda Item No. 11.2; COUNTY's Board Agenda Item No. 3.29), and recorded as Document No. 2025- 0010451 in the Official Records of the County of Riverside, hereinafter referred to as "ORIGINAL AGREEMENT", setting forth the respective rights and obligations concerning DEVELOPER'S proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Map No. 37439 (hereinafter known as "PROJECT"), located in an unincorporated area of western Riverside County in the State of California; and B. Pursuant to ORIGINAL AGREEMENT, DEVELOPER commenced construction of PROJECT; and
Subsequent to the execution of said ORIGINAL AGREEMENT, DISTRICT and COUNTY have mutually agreed to certain modifications to the associated responsibilities for the operation and maintenance of PROJECT. Said modification includes the addition of certain DISTRICT and COUNTY operation and maintenance responsibilities of PROJECT as described in - 1-
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ORIGINAL AGREEMENT and in accordance with the Memorandum of Understanding, dated March 2020 between DISTRICT and COUNTY; and
The Parties now desire to amend ORIGINAL AGREEMENT to define the associated responsibilities of PROJECT as described in ORIGINAL AGREEMENT; and E. Section V.17 of ORIGINAL AGREEMENT specifies that it may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree to amend ORIGINAL AGREEMENT as follows, effective upon approval of this FIRST AMENDMENT by DISTRICT's Board of Supervisors:
The above Recitals are true and correct and incorporated into the terms of this FIRST AMENDMENT.
RECITAL O of ORIGINAL AGREEMENT is amended to read:
"DISTRICT is willing to (i) review and approve DEVELOPER's plans and specifications for PROJECT, (i) inspect the construction of DISTRICT FACILITIES, and (iii) accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, including the hydraulic capacity and structural integrity of HOLLAND CHANNEL STAGE 1; provided DEVELOPER does all of the following: (a) complies with the terms of this Agreement, (b) constructs PROJECT in accordance with DISTRICT, COUNTY and CITY approved plans and specifications and (c) 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 operation and maintenance of DISTRICT FACILITIES, COUNTY accepts ownership and responsibility for the operation and maintenance of COUNTY - 2-
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FACILITIES, and CITY accepts ownership and responsibility for the operation and maintenance of CITY FACILITY. Additionally, DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, provided that an adequate outlet has been graded in accordance with CITY-approved grading plan, ensuring safe and proper conveyance of flows from HOLLAND CHANNEL STAGE 1, subject to DISTRICT's verification, which shall not be unreasonably withheld, prior to acceptance of HOLLAND CHANNEL STAGE 1. Such outfall grading shall be performed in accordance with CITY- approved grading plan referenced in the improvement plans"; and Second sentence of Section I.24 of ORIGINAL AGREEMENT is amended to read:
"Additionally, DEVELOPER shall accept ownership and sole responsibility for the operation and maintenance of PROJECT, and all liability whatsoever associated with such ownership, operation and maintenance of PROJECT until such time as (i) DISTRICT FACILITIES are formally accepted by DISTRICT for ownership, operation and maintenance, (ii) an adequate outlet has been graded in accordance with CITY-approved grading plan, ensuring safe and proper conveyance of flows from HOLLAND CHANNEL STAGE 1, subject to DISTRICT's verification, which shall not be unreasonably withheld, prior to acceptance of HOLLAND CHANNEL STAGE 1. Such outfall grading shall be performed in accordance with CITY-approved grading plan referenced in the improvement plans, (iii) COUNTY FACILITIES are formally accepted by COUNTY for ownership, operation and maintenance, and (iv) CITY FACILITY is formally accepted by CITY for ownership, operation and maintenance"; and
4. Section II.15 of ORIGINAL AGREEMENT is amended to read:
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"Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES from DEVELOPER, including the hydraulic capacity and structural integrity of HOLLAND CHANNEL STAGE 1 upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I.21, (ii) DISTRICT acceptance of DISTRICT FACILITIES construction as being complete in accordance with DISTRICT, COUNTY and CITY approved IMPROVEMENT PLANS, (iii) DISTRICT receipt of stamped and signed RECORD DRAWINGS of PROJECT plans, as set forth in Section I.28, (iv) DISTRICT acceptance of all rights of way as deemed necessary by DISTRICT, COUNTY and CITY for the ownership, operation, and maintenance of DISTRICT FACILITIES, COUNTY FACILITIES and CITY FACILITY, (v) DISTRICT receipt of the related policies of title insurance, as set forth in Section 1.23, (vi) DISTRICT receipt of ONGOING REGULATORY PERMITS for DISTRICT FACILITIES described in Sections 1.24. and 1.25., (vii) an adequate outlet has been graded to DISTRICT's satisfaction, ensuring safe and proper conveyance of flows from HOLLAND CHANNEL STAGE 1, as set forth in Recitals O and Section I.24., (viii) COUNTY acceptance of COUNTY FACILITIES for ownership, operation and maintenance, (ix) CITY acceptance of CITY FACILITY for ownership, operation, and maintenance, and (x) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER."
This FIRST AMENDMENT is to be construed in accordance with the laws of the State of California.
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If any provision in this FIRST AMENDMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Nothing in the provisions of this FIRST AMENDMENT is intended to create duties or obligations to or rights in third parties not Parties to this FIRST AMENDMENT.
This FIRST AMENDMENT may be changed or modified only upon the written consent of the Parties hereto.
The individuals executing this FIRST AMENDMENT hereby certify that they have the authority within their respective companies to enter into and execute this FIRST AMENDMENT and have been authorized to do so by any and all boards of directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this FIRST AMENDMENT.
10. 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 FIRST AMENDMENT, 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.
11. This FIRST AMENDMENT is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this FIRST AMENDMENT was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this FIRST AMENDMENT shall not be construed against DISTRICT because DISTRICT prepared this FIRST AMENDMENT in its final form.
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12. Any waiver by any Party of any breach of any one or more of the terms of this FIRST AMENDMENT shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of any Party to require exact, full and complete compliance with any terms of this FIRST AMENDMENT shall not be construed as in any manner changing the terms hereof or estopping any Party from enforcement hereof.
13. This FIRST AMENDMENT is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto.
14. This FIRST AMENDMENT shall not be assigned by either party, in whole or in part, without the prior written consent of the other party.
15. This FIRST AMENDMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument.
16. Except to the extent specifically deleted, added to, or amended herein, all of the terms, covenants and conditions of said ORIGINAL AGREEMENT executed on December 17, 2024, shall remain in full force and effect between the parties hereto. //
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IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on (to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By- By.
RYAN YABKO Deputy
Deputy County Counsel
(SEAL)
First Amendment to Cooperative Agreement:
Menifee Valley - Holland Channel, Stage 1
Project No. 4-0-00412
Tract Map No. 37439
AMR:blj
05/05/26
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RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
By. By
DENNIS ACUNA KAREN SPIEGEL, Chair
Director of Transportation Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By By
STEPHANIE K. NELSON Deputy
Deputy County Counsel
(SEAL)
First Amendment to Cooperative Agreement:
Menifee Valley - Holland Channel, Stage 1
Project No. 4-0-00412
Tract Map No. 37439
AMRiblj
05/05/26
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
BY ALBERTO PAIVA By
ARMANDO G. VILLA
Deputy Public Works Director City Manager
ity Enginee
APPROVED AS TO FORM: ATTEST:
By. By
JEFFREY T. MELCHING STEPHANIE ROSEEN
City Attorney City Clerk
(SEAL)
First Amendment to Cooperative Agreement:
Menifee Valley - Holland Channel, Stage 1
Project No. 4-0-00412
Tract Map No. 37439
AMR:blj
05/05/26
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D.R. HORTON LOS ANGELES HOLDING
COMPANY, INC., a California corporation
Name eritan OLeary
Title Vice prescent-
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
First Amendment to Cooperative Agreement:
Menifee Valley - Holland Channel, Stage 1
Project No. 4-0-00412
Tract Map No. 37439
AMR:blj
05/05/26
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who sianed the document to which this certificate is
ttached, and not the truthfulness, accuracy, o
alidity of that document
State of California
County of. Riverside
on 5/7/2024 before me, Ashley Arryann Donovan, Notary Public (insert name and title of the officer)
personally appeared Jennifer L. O'Leary
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ASHLEY ARAYANN DONOVAN
COMM #2417574
WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY
My Commission Expires September 22, 2026 :
**************************...
Signature Ashlers argen Donor (Seal)
Notary Public