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HomeMy WebLinkAbout90-034 CC Resolution RESOLUTION NO. 90-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN JOINT FINANCING AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT WHEREAS, The Board of Directors of the Rancho California Water District (the "Board") has commenced proceedings for the formation of community Facilities District No. 88- 3 of the Rancho California Water District ("Community Facilities District No. 88-3") pursuant to the Mello-Roos community Facilities Act of 1982, Sections 53311 et sea. of the Government Code of the State of California (the "Act") by its adoption of Resolution No. 89-76 on July 7, 1989; and WHEREAS, by adoption of Resolution No. 89-91 on September 8, 1989, the Board established community Facilities District No. 88-3, authorized the levy of a special tax within community Facilities District No. 88-3 and determined the necessity to incur bonded indebtedness in an amount not to exceed $8,500,000 in accordance with the notice and hearing requirements of the Act; and WHEREAS, Tayco, a California General Partnership, is the sole owner of land (the "Property") located in Community Facilities District No. 88-3 and the development plan for the Property requires the construction of certain road and local drainage, to be owned and operated by the City of Temecula (the "City"); and WHEREAS, it has been proposed that the Board acting as the legislative body of Community Facilities District No. 88-3, enter into the following agreements with the City entitled: "JOINT FINANCING AND ACQUISITION AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA, THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TAYCO, A CALIFORNIA PARTNERSHIP", and "JOINT FINANCING, CONSTRUCTION AND ACQUISITION AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND TAYCO, A CALIFORNIA PARTNERSHIP." Resos 90.34 WHEREAS, the proposed Joint Financing and Acquisition Agreements attached to this Resolution as Exhibit "A" and "B", and incorporated by this reference herein has been prepared by Counsel for the Board of Directors of District and reviewed by Counsel for all parties; WHEREAS, the City Council now has reviewed the proposed Agreements pursuant to Government Code Section 53316.2 and finds the approval of the Agreements is beneficial to the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Temecula; Section 1. The Agreements attached as Exhibit A and B is hereby approved in substantially the form presented. Section 2. The Mayor and City Clerk are hereby authorized to execute the Agreements and the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of March, 1990. Ronald J. Parks, Mayor ATTEST: SQL• Ju eek, Deputy City Clerk [SEAL] Resos 90-34 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of March, 1990 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 1 COUNCILMEMBER: Lindemans ABSENT: 0 COUNCILMEMBER: None J reek, Deputy City erk Resos 90-34 ! . ..A.. JOINT FINANCING AND ACQUISITION AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA, THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TAYCO, A CALIFORNIA PARTNERSHIP THIS JOINT FINANCING AND ACQUISITION AGREEMENT ( the "Agreement" ) is dated as of March 1, 1990 , by and between COMMUNITY FACILITIES DISTRICT NO. 88-3 OF RANCHO CALIFORNIA WATER DISTRICT, a legally constituted governmental entity organized and existing pursuant to Division 2 , Part 1, Chapter 2 . 5 of the California Government Code (hereinafter "CFD NO. 88-3" ) , the COUNTY OF RIVERSIDE, a political subdivision of the State of California, (hereinafter "County" ) , the CITY OF TEMECULA, a municipal corporation organized and existing under the laws of the State of California (hereinafter "City" ) , RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public agency organized and existing pursuant to Chapter 48 of the Appendix to the California Water Code (hereinafter "RCFCWCD" ) and TAYC% a California partnership (hereinafter "Property Owner" ) . R E C I T A L S A. Property Owner is the owner of a development project known as "Vintage Hills" located wholly within the City of Temecula and approved by County as a portion of the -1- Margarita Village Specific Plan ( the "Project" ) , a map of which is attached hereto and incorporated herein as Exhibit "A" . The Project at the time of approval of said specific plan by County lay within unincorporated territory. Subsequent to County ' s approval of the Project , the City was unincorporated on December 1, 1989 and the Project now lies within the City. B. Property Owner plans to develop the Project for residential uses . The development plan includes the construction of flood control and drainage facilities to be owned and maintained by RCFCWCD and the City ( the "Flood Control Facilities" ) , as depicted and described in Exhibit "B" which is attached hereto and incorporated herein. By statute, the County must maintain until July 1, 1990 the portion of the Flood Control Facilities which, but for the incorporation of City, it would have owned and maintained in public rights-of-way, such as drainage inlets and connectors. At this time it is probable that County will maintain such Flood Control Facilities for some period beyond July 1 , 1990 pursuant to an agreement to be entered into between County and City. Accordingly, all references to the City herein as to various acts to be performed with respect to the construction, acquisition and maintenance of the Flood Control Facilities to be owned and maintained by City shall also be deemed to refer to County until such time as County is relieved of such duties by statute or contractual agreement . -2- C. Property Owner initiated by written petition and thereafter the Board of Directors of the Rancho California Water District (hereinafter "RCWD" ) by adoption of Resolution No. 89-9-1 on September 8, 1989 completed proceedings for the formation of CFD No. 88-3 pursuant to the Mello-Roos Commun- ity Facilities Act of 1982 , as amended, Section 53311 et seq. of the California Government Code (hereinafter the "Act" ) , to provide financing for the construction and acquisition of certain public facilities ( the "Facilities" ) , which include the Flood Control Facilities . The boundaries of CFD No. 88-3 are depicted on the map attached hereto and incorporated herein as Exhibit "C" . CFD No. 88-3 lies entirely within the Project and consists of approximately 303 acres . TAYCO is the owner of all property within CFD No. 88-3 . D. The proceedings to establish CFD NO. 88-3 included a special election wherein the qualified electors authorized bonded indebtedness in the amount of $8, 500, 000 and author- ized an annual levy of a special tax (hereinafter the "Special Tax" ) within CFD No. 88-3 to fund debt service on such bonded indebtedness. Pursuant to such authorization, CFD No. 88-3 contemplates the issuance and sale of Series A Bonds in the approximately amount of $8, 200 , 000 ( hereinafter the "Bonds" ) pursuant to a bond resolution adopted by the legislative body of CFD No. 88-3 ( the "Bond Resolution" ) . E. CFD No. 88-3 and Property Owner will enter concurrently into the "Agreement For Acquisition" (herein- after the "Acquisition Agreement" ) a copy of which is -3- attached hereto and incorporated herein as Exhibit "D" . The Acquisition Agreement provides for the financing of the Facilities and sets forth procedures for the design, engin- eering, construction and acquisition of certain of the Facilities. The Acquisition Agreement is intended, together with this Agreement , to set forth the procedures which must be followed pursuant to Section 53313 . 5 of the Act in order to legally and validly acquire the Street Improvements and certain other Facilities . F. In contemplation of the issuance and sale of the Bonds, Property Owner has advanced moneys for the purpose of financing the design and construction of the Flood Control Facilities . The design and construction of the Flood Control Facilities in Butterfield Stage Road from Rancho California Road south to Rancho Vista Road is the subject of an agreement heretofore entered into by and among the Property Owner , the County and RCFCWCD, dated March 14, 1989 covering the design and construction of a 60" reinforced concrete storm drain pipe, as described and depicted in said agreement , a copy of which is attached hereto and incorporated herein as Exhibit "E" ( the "Storm Drainage Agreement" ) . G. CFD No. 88-3, City, County and RCFCWCD desire to enter into this Agreement pursuant to Sections 53316 . 2, 53316 . 4 and 53316 . 6 of the Act . -4- A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows : 1 . Sale of Bonds and Use of Proceeds . CFD No. 88-3 shall proceed with the issuance and sale of the Bonds at such time and in such amounts as CFD No. 88-3 , in its sole discre- tion, may determine is appropriate to finance the design, engineering, construction and acquisition of the Facilities, including the Flood Control Facilities . CFD No. 88-3 shall make disbursements out of the proceeds of the Bonds to pay for such costs and certain other incidental costs as herein- after described. Such proceeds, however , may be expended by CFD No. 88-3 for any lawful purpose, including the financing of the Flood Control Facilities, as CFD No. 88-3 shall deter- mine to be appropriate . CFD No. 88-3 shall strictly account for the disbursements of the proceeds of the Bonds. 2 . Flood Control Facilities Design and Construction. The Flood Control Facilities have been designed and engin- eered by Property Owner and constructed consistent with the procedures set forth in the Storm Drainage Agreement and by RCFCWCD. The costs of the construction of the Flood Control Facilities shall be paid by CFD No. 88-3 from the proceeds of the sale of the Bonds in accordance with the Acquisition Agreement. 3 . Design and Construction Budget . Exhibit "B" sets forth the budget for the construction of the Flood Control Facilities. In addition to the cost of specification and bid -5- preparation and the construction of the Flood Control Facili- ties, such costs may include, without limitation, the esti- mated costs of permits, licenses, easements, land, engineer- ing, inspection and legal fees , construction contingency and RCFCWCD' s and City' s general and administrative costs reasonably devoted to the design approval and inspection of the Flood Control Facilities . 4 . Engineering and Design of the Flood Control Facili- ties. Property Owner employed a properly qualified regis- tered civil engineer ( the "Design Engineer" ) to design and prepare detailed bid documents, construction plans and specifications ( the "Bid Documents" ) for the Flood Control Facilities, including required system layout drawings and construction plan-profile drawings, in accordance with RCFCWCD' s standard design criteria, the Storm Drainage Agreement and consistent with the Margarita Village Specific Plan and conditions of approval for the Project . 5 . Construction of the Flood Control Facilities. Property Owner has constructed the Flood Control Facilities in accordance with the procedures set forth in the Storm Drainage Agreement and by RCFCWCD, consistent with the Margarita Village Specific Plan and conditions of approval for the Project . All payment requests for the acquisition costs of the Flood Control Facilities shall be handled consistent with the Acquisition Agreement . 6 . Shortfall . In the event the actual construction costs for the Flood Control Facilities exceed the budgeted -6- amount as shown on Exhibit B, Property Owner shall pay the amount necessary to complete the construction of the Flood Control Facilities . The procedures provided for herein shall also apply to the extent approved change orders result in construction costs exceeding the amounts budgeted for the Flood Control Facilities . Property Owner shall not be released from constructing any Street Improvement in the event that the proceeds of the Bonds. are insufficient to pay the costs of construction, but shall be required to complete the Flood Control Facilities . 7 . Use of Funds . CFD No. 88-3 shall use the proceeds in the Improvement Fund (as defined and established by the Bond Resolution) exclusively for the payment of the construction and acquisition costs of the Facilities, including the Flood Control Facilities . CFD No. 88-3 shall strictly account for the expenditure of such proceeds . It is the intention of the parties that payments from the Improvement Fund shall be only in connection with the payment request form for costs and expenses paid or incurred, including, without limitation, any amounts owing for the Flood Control Facilities . CFD No. 88-3 shall account for, deposit, invest and reinvest such funds in the manner required by the Bond Resolution. 8. Inspection. Construction of the Flood Control Facilities has been subject at all times to inspection by RCFCWCD in accordance with the Storm Drainage Agreement and RCFCWCD procedures. RCFCWCD personnel have inspected the -7- furnishing, construction and installation of the Flood Control Facilities to assure compliance with RCFCWCD' s approved construction plans and specifications and the Storm Drainage Agreement . The Property Owner shall be required to repair any and all installed facilities , which have been damaged by any party prior to RCFCWCD' s and City ' s final acceptance of the Flood Control Facilities for ownership, operation and maintenance, which final acceptance shall follow final inspection and testing of ' the Flood Control Facilities after completion thereof . Property Owner will be required to: ( i ) make any and all corrections and/or repairs determined by RCFCWCD and City inspection personnel to be necessary and consistent with the approved construction plans and specifications, including, but not limited to, any erosion repair or accumulated debris removal and ( ii ) provide a one ( 1) year materials and workmanship guarantee, the precise nature of which will be agreed upon by RCFCWCD and City, providing that Property Owner will repair, at its expense, all failures of facilities which it furnished, installed and/or constructed due to faulty materials or installation, including settlement of backfill within said one-year period. 9 . Completion of Construction. RCFCWCD and City shall notify CFD No. 88-3 in writing of their acceptance of the Flood Control Facilities to be owned by them following final inspection by RCFCWCD and City and then Property Owner shall prepare and execute a Notice of Completion as to such -8- Facilities, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the contractor and all subcontractors to provide lien and material releases . 10 . Use of Flood Control Facilities . Upon acceptance of the Flood Control Facilities by RCFCWCD or City, as the case may be, said facilities shall be and remain the sole and separate property of RCFCWCD and City, as applicable . The Flood Control Facilities shall be operated, maintained and utilized by RCFCWCD and City, as applicable, to serve the Project and other land pursuant to applicable RCFCWCD/ City rules, regulations policies and procedures . 11 . Conveyance of Title. Property Owner shall transfer and convey, to such party as City and RCFCWCD may agree upon, fee simple title or easements as deemed necessary by such party, including ingress and egress , on and over property within the Project on which the Flood Control Facilities are constructed. Said rights-of-way shall be conveyed free and clear of all liens and encumbrances, assessments, taxes and leases , except those which are acceptable to the party to which such rights-of-way are to be conveyed as provided herein. Property Owner shall transfer title to such land or rights-of-way on such documents as City and/or RCFCWCD may prescribe. 12 . Acceptance. RCFCWCD (consistent with the Storm Drainage Agreement) and City agrees to accept title to, and provide service through, the Flood Control Facilities to be -9- owned by them, subject to certification by the RCFCWCD and City, as the case may be, that such Facilities have been completed in accordance with the plans and specifications and provided that title to the Flood Control Facilities is free of all liens and encumbrances not otherwise acceptable to RCFCWCD and City. For those portions of the Flood Control Facilities for which fee title is transferred, RCFCWCD and City shall require a policy of title insurance for each parcel to be conveyed to it in an amount which is not to exceed Fifty Thousand Dollars ( $50 , 000 ) . 13 . Maintenance. Prior to the transfer of ownership of the Flood Control Facilities to RCFCWCD and City, as the case may be, Property Owner shall be responsible for their maintenance. Upon acceptance of the Flood Control Facilities by RCFCWCD and City, as the case may be, RCFCWCD and City (except as previously noted in recital "B" above) , as the case may be, shall be solely responsible for the maintenance thereof and all rights, duties and obligations of Property Owner for said maintenance under this Agreement shall terminate; provided, however , that CFD No. 88-3 shall reimburse RCFCWCD for the maintenance of a box culvert to be constructed in the Long Valley Wash Channel adjacent to Tract 22715 and 22716 during the nine years following its acceptance by RCFCWCD, but only from the proceeds of the special tax levied by CFD No. 88-3 therefor . City grants to RCFCWCD the right to maintain the Flood Control Facilities which are within City ' s rights-of-way. -10- 14. Administrative Costs . The estimated administrative costs of Property Owner , CFD No. 88-3, RCFCWCD and City which include but are not limited to the reasonable cost of all fees and costs incurred in obtaining permits, licenses , rights-of-way or easements , and engineering, legal , fiscal, and inspection fees and land acquisition costs are provided for in Exhibit "B. " CFD No. 88-3 shall cause to be reimbursed from the Improvement Fund the reasonable administrative costs actually incurred by Property Owner , CFD No. 88-3, RCFCWCD and City. Such costs shall be reimbursed within a reasonable time after presentation of a request therefor . 15 . No Obligations Assumed. Nothing herein shall be construed as requiring CFD No. 88-3 to issue or sell Bonds pursuant to the Act or any other law or regulation requiring the construction of the Flood Control Facilities . 16. Indemnification and Insurance. Property Owner shall assume the defense of, indemnify, protect and hold harmless CFD No. 88-3 , RCFCWCD, County and City and their respective officers, volunteers , employees, attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, ( i ) the actions of Property Owner required in the performance of this Agreement and ( ii) the design, engineering and construction of the Flood Control Facilities designed, engineered and constructed -11- by Property Owner ; provided that, the actions damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to the acceptance of the Flood Control Facilities by RCFCWCD and City whether or not an action or claim is filed by the date of acceptance of the Flood Control Facilities; and provided further that , nothing in this paragraph shall limit, in any manner , RCFCWCD' s and City ' s rights against any of Property Owner ' s contractors, architects or engineers. No provision of this Agrement shall in any way limit the extent of the responsibility of Property Owner for payment of damages resulting from its own operations or the operations of any of its contractors , agents or employees . CFD No. 88-3 shall assume the defense of , indemnify, protect and hold harmless Property Owner , RCFCWCD, County and City and their respective officers, volunteers , employees, attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from the actions of CFD 88-3 pursuant to the Agreement . No provision of this Agreement shall in any way limit the extent of the responsibility of CFD No. 88-3 for payment of damages resulting from its own operations or the operations of any of its contractor, agents or employees . RCFCWCD shall assume the defense of, indemnify, protect and hold harmless CFD No. 88-3, Property Owner , County and -12- City and their respective officers , volunteers, employees , attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put , by reason of, or resulting from, the actions of RCFCWCD taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of RCFCWCD for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees . County shall assume the defense of, indemnify, protect and hold harmless Property Owner, RCFCWCD, CFD No. 88-3 and City and their respective officers, volunteers, employees, attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from the actions of County pursuant to the Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of County for payment of damages resulting from its own operations or the operations of any of its contractor, agents or employees . City shall assume the defense of , indemnify, protect and hold harmless CFD No. 88-3, Property Owner, County and RCFCWCD and their respective officers , volunteers , employees, attorneys and agents, and each and every one of them, from and against all actions , damages, claims, losses , liabilities -13- and expenses of every type and description to which they may be subjected or put , by reason of, or resulting from, the actions of City taken in the performance of this Agreement . No provision of this Agreement shall in any way limit the extent of the responsibility of City for the payment of damages resulting from its own operations or the operations of any of its contractors , agents or employees, other than County acting as such contractor or agent pursuant to law or contract between City and County. As required by the Acquisition Agreement, Property Owner will assure RCFCWCD, City, County and CFD No. 88-3 that it shall furnish to RCFCWCD, County and City a certificate of insurance substantiating that it has obtained a comprehensive general liability insurance policy from a company acceptable to County, City and CFD No. 88-3 having a combined single limit of liability in the amount of $2, 000 , 000 or as provided in the Storm Drainage Agreement, if applicable. Said certificate of insurance shall include an endorsement naming RCFCWCD, CFD No. 88-3, County, City and Property Owner , and their respective officers , volunteers, employees , attorneys and agents as additional named insureds . 17 . Effective Date and Termination. This Agreement shall become effective and of full force and effect as of the date ( the "Effective Date" ) on which CFD No. 88-3 issues the Bonds. Should CFD No. 88-3 not sell the Bonds, this Agree- ment shall terminate and be of no further force and effect . -14- • 18. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office, registered or certi- fied, postage prepaid, addressed as follows : Property Owner : TAYCO c/ Costain Homes, Inc. 620 Newport Center Drive Suite 440 Newport Beach, CA 92660 Attn: Robert Dieudonne, Project Manager District : Riverside County Flood Control and Water Conservation District P.O. Box 1033 1995 Market Street Riverside, CA 92502 Attn: Chief Engineer ( 714) 787-2016 CFD No. 88-3 : Community Facilities District No. 88-3 of the Rancho California Water District 28061 Diaz Road Temecula, CA 92390 Attn: Director of Finance County: Road Department County of Riverside 4080 Lemon Street, 8th Floor Riverside, CA 92501 Attn: Ivan Tennant , Acting Road Commissioner ( 714) 275-6740 City: City of Temecula P.O. Box 3000 Temecula, CA 92390 Attn: City Manager -15- Each party can change its address for delivery of notice by delivering written notice of such change or address to the other parties within twenty ( 20 ) days of such change. 19 . Captions . Captions to Sections of the Agreement are for convenience purposes only and are not part of this Agreement . 20 . Severability. If any portion this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement. 21 . Assignment . Property Owner may, with the prior written consent of CFD No. 88-3, City and RCFCWCD, which consent shall not be unreasonably withheld, assign all or a portion of its rights and obligations under this Agreement to persons or entities acquiring from Property Owner title to any property within CFD No. 88-3 . 22 . Storm Drainage Agreement . It is the intent of the parties hereto that this Agreement be interpreted consistently with the provisions of the Storm Drainage Agreement . In the event that any of the foregoing provisions of this Agreement conflict with the terms of the Storm Drainage Agreement, the provisions of the latter shall control to the extent necessary. -16- 23 . Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 24 . Entire Agreement . This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 25 . Amendments . This Agreement may be amended or modified only in writing signed by all of the parties. 26. Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description "A" Map of Project "B" Flood Control Facilities Description and Budget "C" Map of CFD NO. 88-3 "D" Acquisition Agreement "E" Storm Drainage Agreement (March 14, 1989 ) 27 . Counterparts . This Agreement may be executed in counterparts, each of which shall be deemed an original . -17- • • IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT By: President of the Board of Directors , Ex Officio the Legislative Body of Community Facilities District No. 88-3 of the Rancho California Water District ATTEST: By: Secretary of the Board of Directors, Ex Officio the Clerk of Community Facilities District No. 88-3 of the Rancho California Water District RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By. Chairman of the Board of Supervisors RECOMMENDED FOR APPROVAL: By: Kenneth L. Edwards , Chief Engineer -18- APPROVED AS TO FORM: County Counsel: By: Deputy ATTEST: By: Clerk of the Board of Supervisors COUNTY OF RIVERSIDE By: Chairman of the Board of Supervisors RECOMMENDED FOR APPROVAL: By: APPROVED AS TO FORM: County Counsel: By: Deputy ATTEST: By: Clerk of the Board of Supervisors -19- CITY OF TEMECULA By: Mayor ATTEST: By: City Clerk TAYCO, a California partnership By: COSTAIN HOMES, INC. , a Delaware corporation . By: Signature Printed Name Its : TAYLOR WOODROW INC. , a California corporation By: Signature Printed Name Its : 5/146/006634-0138/051 -20- TAYC O xN.P.M M YFNr.IgN Pff Pf.110N f.FNI(P TRACTS 22715, 22718, 22915 AND 22918 ---- RANCHO CALIFORNIA, CALIFORNIA ILLUSTRATIVE LANDSCAPE PLAN - TMACT 23715 To VINTAGE J/ - �� •1 .tom *,Aped,1% � , - --- TAYLOR + • rP.cr xxns .,�♦—f• •1,-, i f ••4P . , • L• ' WOODROW ., . �. fbr •w . 110 . I � � .,, ', 1 w �' � .` I • • TAYLOR - ., \ ,� � ...L. ....1 .'��; f l 1. " ..� u + w_c. �L.JrI � •s9M r9.9 FI I [• WOOOIMW \ •e •II .• * I' .:: . e111� w } f,�..r• . HIL .,. llll ...., .. , T •�1 `.• 11 •�., 1. ♦ IAI IlV1 ,� G3M �,��1 '1'li .• 'I'I f li'. ' IY 0±!1.1 1,,.. �. -�' • ''•Ill lq fj M � 1.1 � I I 1 ±.. 111f:r}}•If 1 I - .-�4 _ + Y' •' 7.•1� L - T •.y IN we . • � ,�-: Y , li �. �r�.air ,e A q. •AA•n R'n A '• i. ,.���•w Vol, rul 4'�L•'•, A t A xuJ011 n L L'•' L w 1. `.,}/{1 w H T.r MI •ex i-,.1 .- _ } m��-t�f•y y L 7' '. Ai'� m IT L L W CFNFP r• �F`f•�; �.. .l:\fNIRj�19L.q, ALL. '1o. •' � z Tl1Tt0 X • • A 1 L A ' y • `` •�j .M •,?1 �'+., •. '`aw rKk�. •. ,. .f>�fi.*•: ('x:A��w ,m° �-� rn.cT 22915 nur::el• ► f •t ' �'a. .��j.!fT 40T •. A ''� .+P+.•f j•AAL . �w r No v±0 1 Iq ( :� r,± 4, *9. . I ' • �i \ • .. eT•. a � Y ' •�ti • 4r•A • aa Y� l Ik. j. . AT ob. to Tn.cr 22919 ^'- JUNE 26, 1989 44aiiiaaiiita4ttaaK4Ka4aaiia•aa MELLO-ROOS DISTRICT FUNDS J.N. 24775/24776/ SUMMARY 24870/24871 ....r.•...... aii.aaaatais•......w .r.KaK irHtaf.KwaN KkK ar et ii4K Kai Kar....K rt a.H HK4ia•.MK H•Kw..Kwr..fr.r aK aaaa v r........••...•.r.••rrr. UNIT UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE COST LONG VALLEY WASH CHANNEL REINF. CONO. RIBBON LF 1,717 27.00 46,359 CUTTER PER DET. ON SHT. NO. 7 REINF. CONC. DEBRIS WALL CY 3.5 350,00 1,E25 P!ER EXT. PER DET. ON SHT, NO, 7 REINF. CONC. PARAPET WALL CY 1.6 350.00 560 PER DST. ON SHT. 7 REINF.CONC.CHUTE•TRANSITION CY 40 350.00 14,000 STRUCTURE PER DET.ON SHT.NC.8 1/2" D1A.P.V.C. WEEPHOLES W/ EA 119 30.00 3,570 SPACING INDICATED IN PLAT! 8 PROFi LE 6 RCFCWO STD.DWG. 326 1/4 T. GROUTED RIP-RAP CY 2,953 78.00 230,336 PER DET.ON SHT. 7 G LIMITS SHOWN ON PLAN 1/4 T. LOOSE RIP-RAP CY 728 40.00 29,120 PER LIMITS ON PLAN S.D. JUNCTION STRUCTURE NO.1 EA 3 3,000.00 9,000 PER RCFWCD STD. DWG. N0. JS 226 4" THK.GRAVEL ACCESS ROAD CT 43 30.00 1,290 SURFACE W/2-1/2" CRUSHED ROCK CSP RISER INLET PER OCT. EA 2 1,000.00 2,000 ON SHT. NO. 8 CM? RISER INLET PER RIOS EA 1 1,000.00 1,000 PIPE ENTRANCE TO EARTH CY 48.3 150.00 7,245 CHANNEL JUNCT.STRUCTURE PER DET. ON SHT.NO. 7 EARTHED TRAPEZOIDAL CHANNEL CY 16,097 1,00 16,097 PER PLAN,PROFILE i TYPICAL SECT. DBL, 10' X 6' REINF, CONC. BOX LF 422 690.00 291,180 CULVERT PER DET.ON SMT.NO.9 EXHIBIT "B" JUNE 26, 1989 MELLO-ROOS DISTRICT FUNDS J.N. 24775/24776/ SUMMARY 24870/24871 .+.,w:f+r+..w..+r+,........... w+. fiN.fwif..fi+fHlfff fw+faa++irr++iai+kaai Naii++NtwH+aa+iaiaiaa+M KaNMa+akaH iaf aaiaa U.f f..M aa.aH..b....f f f.. UNIT UNIT TOTAL DESCRIPTION UNIT GUANT)TY PRICE COST a....au...uu......................aavxe_=_xx--- LONG VALLEY WASH CHANNEL, CONT. ............................ TIMBER BARRICADE PER DET. EA 3 500.00 1,500 ON SHT. N0. 7 2411 RCP D-1750 (ALT. 2411 LF 167 48.00 8,016 SRP 12 GA.) 36" RCP D•1750 (ALT. 36'1 LF 145 65.00 9,425 SRP 12 GA.) RSINF. CONC. CUTOFF WALL PER CY 7.8 350.00 2,730 DET. ON SHT.NC. 7 REINF. CONC. BOX CULVERT EA 2 500.00 1,000 WINOOW PER DET. ON SHT.NO. 8 CHAIN LINK FENCE PER RCFCWCD LF 84 5.50 462 STD.DWG. MBO1 TIMBER BULKHEAD PER RCFCWCO EA 1 100.00 100 STD.DWC.NO. M304 JUNCTION STRUCTURE NO. 2 PER EA 1 3,000.00 3,000 RCFCVCD ST.OWG.NO. JS 227 REMOVE EXIST. 3611 SRP (32 LF) LS 1 500.00 500 5411 RCP (D-12CO) (ALT.54" LF 120 100.00 12,000 SRP 12 GA.) CONC. PIPE COLLAR PER RCFCWCo EA 1 1,000.00 1,000 STD.DWG. NO. ME03 MANHOLE NO3 PER RCFCWCD EA 1 2,600.00 2,600 STD.DWO.HO. MH 253 101, ABE SOR 35 LF 30 21.07 51" RCP 630 LF 8 93.07 744 ............. TOTAL LONG VALLEY WASH 696,687 JUNE 26, 1989 wf.fafatftarahhrrhttrffht+wftawwf MELLO-BOOS DISTRICT FUNDS SUMMARY J.N. 24775/24776/ •+++r++f a+aaa+++trf+r+aff+aawttaf 24870/24871 eHfwwf wwwwewfffHffwewwwafr.Hera ra w+aaa a+a ka as+N++Hww.++w M................... ....er+f f wab t b of ea++aa a+a+wwf.+www UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE COST ===.....a...............................e..eeeee ee=_=_____E_ _ a........................v_z________ STORM DRAIN (FOR AD 159) 60" RCP LF 1,628 112.00 182,336 JS NO. 3 PER RCFC&WCD JS 228 EA 1 3,000.00 3,000 MANHOLE NO. 2 PER RCFC&WCD MN252 EA 2 2,600.00 5,200 WING TYPE HEADWALL CY 3.75 350.00 1,313 SAND SLURRY FILL EEX.42"CMP(28OLF) LS 1 2,000.00 2,000. BRICK SEAL ENDS OF 42" CMP EA 4 200.00 800 JUNCTION STRUCTURE NO, 2 EA 1 3,000.00 3,000 CONC. BULKHEAD FOR RCFC&WCD M816 EA 1 100.00 100 36" RCP (1700 D) LF 36 65.00 2,340 Is" RCP CLASS IV (ALT 1811CIP) LF 10 42.00 420 CATCH BASIN NO. 1 (W-7) PER EA 1 1,850.00 1,850 RCFCBWCO ST.DWQ.CB100 W/LOCAL DEPRESSION NO. 2 CASE "B" PER RCFC&WCD STD.DWO, LD 201 SINGLE 101 X 6' RC8 PER CALTRANS LF 89 355.00 31,595 SID. PLANS D80 8 BCX SCNED. ON BHT. N0. 5 REINFORCED PARAP!T CONCRETE WALL EA 2 350.00 700 PER DET. 14 ON SHT. NO. 5 D83 BOX CULVERT WINGWALLS (TTPE "A") CY 52 350.00 18,200 PER CALTRANS STD. PLANS D84 RAISE N.H. TO FINISH GRADE EA 3 100.00 S00 EXTRA DEPTH FOR M.N. N0. 2 FT 40 100.00 4,000 MANHOLE SAFETY LEDGE EA 2 1,000.00 2,000 OVER EXCAVATION FOR STORM DRAIN CY 17,434 1.00 17,434 TOTAL BUiTERflELO STAGE ROAD STORM DRAIN ------------- 276,588 SHEET 1 OF / PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 89-3 RANCHO CALIFORNIA WATER DISTRICT COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 1 .1111, (1+111, Ixxl Ixr YIUU. nxe SNOYIx4 .+0.04[0 1ax+oYnt1 or [Dona nl .......... 00010 xx.OJ i nr1. mr !0011., slut 0, uu w+wu, al unano n C/u/oiN.. g6lo Ixr enxx0 0r 0lnuaxs ar Ix[ +++aa unroxxu You 01vnu u x +!Sulu +(tnw4 1x0101. x110 0x Ixt ¢ .n nuo a nn on t m Ix[ san u+. or + wo ul uo+w r. Yuu ols ulu. \ aY Y K r / Siiel 4v or +.num [Il 0000 You mslnCl turn In14 w1 or , rl_ n Ix[ o`Hai+ n Ix'1oa. __ or nna 01 ssl isni+� nx0 (oNNUU�, rllu1n14 11 n11 11 .x ,rr.Y�✓o ��_—r•� F uu o��eL. roam xr xrruslor. vur or [omu. wan x,4.+00 b JN IV/r/ AGREEMENT FOR ACQUISITION (Community Facilities District No. 88-3) THIS AGREEMENT is made and entered into as of the 1st day of March, 1990, by and between the COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, a community facilities district, hereinafter referred to as "District, " and TAYCO, a California partnership, (hereinafter referred to as "Landowner") . RECITALS 1. Landowner is the owner of approximately 303 acres of land, more or less, located in the City of Temecula, California hereinafter referred to as "the Subject Property. " Landowner has filed a petition with District requesting that the Rancho California Water District initiate and complete all necessary proceedings under the Mello-Roos Community Facilities Act of 1982 , hereinafter referred to as the "Act, " for the formation of the District over and including the Subject Property, and for the sale of bonds to finance the acquisition of certain public improvements which are herein- after referred to as the "Public Improvements. " 2 . District is authorized by Section 53313 . 5 of the Government Code to acquire and finance the acquisition of the Public Improvements through proceedings pursuant to the Act. This agreement is intended to set forth the procedures which EXHIBIT "D" must be followed pursuant to Section 53313 . 5 and the Act in order to legally and validly acquire the Public Improvements. 3 . The additional purpose of this agreement is to provide for coordination between District and related public agencies and Landowner with regard to the acquisition and construction of the Public Improvements and the sale of bonds by District to finance the acquisition of the Public Improvements by District and related public agencies and to provide for certain other matters related to the construction of the Public Improvements. COVENANTS NOW, THEREFORE, in consideration of the preceding reci- tals and the mutual promises and covenants hereinafter con- tained, the parties agree as follows: Section 1. Construction. Prior to the formation of District, Landowner constructed a portion of the Public Improvements, as identified in Exhibit "A" attached hereto (the "First Phase") . Landowner may, after receipt of written notice to proceed from District, construct at their sole cost the second phase of the Public Improvements as identified in Exhibit "B" attached hereto (the "Second Phase") , in accord- ance with plans and specifications therefor approved by the public agency which ultimately will own and maintain such Public Improvement (the "Plans and Specifications") . Additionally, the Landowner will, prior to soliciting bids as -2- described below, submit for approval to the District or the public agency which will ultimately own and maintain such Public Improvement, the bidding documents to be utilized in order to insure that such bidding documents' requirements for prevailing wages, surety bonds and insurance are in accord- ance with the requirements set forth in the "Joint Financing Agreements" (the "Joint Financing Agreements") which are concurrently being entered into by and among the District, Landowner and the affected public agencies. If Landowner elects to proceed with the construction of the Second Phase after receiving District's written notice to proceed, Landowner shall notify District in writing of its election to proceed. If Landowner elects to proceed with the construction of the Second Phase, Landowner shall, after a competitive bid- ding procedure in conformity with the Public Contracts Code at which at least three (3) bids are received, submit to the District or the applicable public agency written evidence of such competitive bidding procedure, including evidence of the means by which bids were solicited, a listing of all responsive bids and their amounts, and the name or names of the contractor or contractors to whom Landowner proposes to award the contract(s) for such construction. District, or the applicable public agency (with whom the District will confer) , shall approve or disapprove of said contract or contractors in writing within 10 business days after receipt of the name or names of such contractor or contractors. If -3- • District or applicable public agency disapproves of any such contractor, Landowner shall select another contractor from the competitive bids received who is acceptable to District or applicable public agency. Section 2. Inspection. District or the applicable public agency which will ultimately own and maintain such Public Improvements shall have primary responsibility for providing inspection of the work of construction of the Second Phase to insure that the work of construction is accomplished in accordance with the Plans and Specifications approved by them. District's or such public agency's personnel shall have access to the site of the work of construction at all reasonable times for the purpose of accomplishing such inspection. Upon the completion of the construction of the Second Phase to the satisfaction of District's or such public agency's inspectors, Landowner shall notify District in writing that the construction of the Second Phase or discrete component thereof has been completed in accordance with the Plans and Specifications. Upon receiving such written notification from Landowner, and upon receipt of written notification from its inspectors or those of the applicable public agency that construction of the Second Phase or discrete component thereof has been com- pleted in accordance with the Plans and Specifications, District shall in a timely manner notify Landowner in writing that the construction of the Second Phase or discrete component thereof has been satisfactorily completed. Upon -4- receiving such notification, Landowner shall forthwith file with the County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of Section 3093 of the Civil Code of the State of California. Landowner shall furnish to District a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County Recorder. The costs incurred by District or other public agency in inspecting and approving the construction of the Second Phase shall be reimbursed to District or other appli- cable public agency from the proceeds of the bonds. Section 3 . Liens. Upon expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code of the State of California, Landowner shall provide to District such evidence or proof as District shall require that all persons, firms and corpora- tions supplying work, labor, materials, supplies and equip- ment to the construction of the Second Phase have been paid, that no claims of liens have been recorded by or on behalf of any such person, firm or corporation and otherwise comply with the applicable requirements for conveyance of title free of such encumbrances, as set forth in the Joint Financing Agreements. Section 4. Acquisition; Acquisition Price; Funds Source. Provided Landowner has complied with the require- ments of this agreement and the applicable Joint Financing Agreement, District agrees to acquire the First and Second Phases from Landowner. The price to be paid by District for -5- the acquisition of the First and Second Phases shall be the actual costs incurred by the Landowner to construct the First and Second Phases (or discrete component thereof) as approved by District, together with reimbursement of any advances made by Landowner to the District, if any. As a condition to the payment of such acquisition price, Landowner shall transfer ownership of the completed component of the First or Second Phase constructed by them by grant deed, bill of sale or such other documentation as District or the public agency ultimately owning such Public Improvement may require. Upon the transfer of ownership of the Public Improvement or any discrete component thereof from Landowner to District or the public agency ultimately owning such Public Improvement, District or the public agency ultimately owning such Public Improvement shall be responsible for the maintenance of the Public Improvement transferred. Notwithstanding the prior provisions of this section, the sole source of funds for the acquisition by District of the Public Improvements or any discrete component thereof shall be the proceeds from the sale of the bonds of District. If for any reason beyond District's control the bonds are not sold, District shall not be required to acquire the Public Improvements from Landowner. In such event, Landowner shall complete the construction and transfer to District or the public agency ultimately to own such Public Improvement ownership of such components of the Public Improvements as are required to be constructed by Landowner as a condition to -6- recordation of the subdivision map for the Subject Property, but need not construct any component of the Public Improvements which it is not so required to construct. Section 5. Bonds. Upon the completion of the vali- dation of the formation of the District, including the levy of the special tax and approval of the issuance of the bonds by the Districts Securities Division, District shall use its best efforts to issue and sell bonds pursuant to the Act in an amount sufficient to acquire the Public Improvements and pay other incidental costs. Upon receiving the proceeds from the sale of the bonds, District shall reimburse Landowner for the First Phase of Public Improvements as provided in Section 4 hereof and shall thereafter reimburse Landowner for the construction of the Second Phase of the Public Improvements or discrete component thereof as soon as the foregoing condi- tions for reimbursement are satisfied. Notwithstanding any preceding provision in this agreement, if District is unable to sell the bonds for any reason beyond its control, District shall be relieved of its obligations under this agreement with respect to the acquisition of the First and Second Phases. Section 6. Easements. Landowner shall at the time District or such other public agency acquire the Public Improvements, as provided in Section 4 hereof, grant to Dis- trict or such public agency, by an appropriate instrument prescribed by them, all easements on private property which -7- may be necessary for the proper operation and maintenance of the Public Improvements, or any part thereof. Section 7. Maintenance. Prior to the transfer of ownership of the Public Improvements by Landowner to District or other applicable public agency, as provided in Section 4 hereof, Landowner shall be responsible for the maintenance thereof and shall maintain and transfer the Public Improve- ment to District or other applicable public agency in as good condition as the Public Improvement was in at the time Land- owner notified District that construction of same had been completed in accordance with the Plans and Specifications. Section 8. Inspection of Records. District or other applicable public agency may, at its discretion, review all books and records of Landowner pertaining to costs and expenses incurred by Landowner pursuant to Section 1 hereof, during normal business hours by making advance arrangements with Landowner. Section 9. Ownership of Public Improvements. Not- withstanding the fact that some or all of the Public Improve- ments may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to District or other applicable public agency, the Public Improvements shall be and remain the property of Landowner until acquired by District or other applicable public agency as provided in the preceding sections of this agreement. Section 10. Improvement Security; Prevailing Wages. Notwithstanding any provisions of this agreement to the con- -8- trary, Landowner shall be required to secure the faithful performance of construction and completion of construction of the Second Phase by appropriate contractor's bonds as required by Public Contracts Code of the State of California. Additionally, Landowner shall require its contractor or con- tractors to pay the prevailing rate of per diem wages for work of a similar character in the locality of the District and not less than the general prevailing rate of per diem wages for holiday and overtime work, as provided in Section 1771 et, seq. of the California Labor Code, to all workmen employed by each such contractor in the construction of the Second Phase. Landowner shall obtain from its contractor or contractors and furnish to District certified payroll records as to all such workers employed by the contractor or contrac- tors demonstrating that compliance has been had with the requirements of said Section 1771. Section 11. Independent Contractor. In performing this agreement, Landowner is an independent contractor and not the agent of District or any other public agency. Dis- trict shall have no responsibility for payment to any con- tractor or supplier of Landowner. Section 12 . Indemnification; Insurance. Landowner shall assume the defense of, indemnify, protect and save harmless, District, the public agencies ultimately owning and maintaining the Public Improvements, their officers, volunteers, employees, attorneys and agents, and each and every one of them, from and against all actions, damages, -9- claims, losses, liabilities or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, this agreement, and the design, engineering and construction of the Public Improvements. No provision of this agreement shall in any way limit the extent of Landowner's responsibility for payment of damages resulting from the operations of Landowner and their contractors; provided, however, that Landowner shall not be required to indemnify District and such public agencies as to damages resulting from negligence or willful misconduct of District and such public agencies or their agents or employees in performing this agreement. Landowner shall furnish to District and such public agencies a certificate or certificates of insurance substantiating that they have obtained for the entire period of the construction of the Second Phase a policy of comprehensive general liability insurance with coverage broad enough to include Landowner's contractual obligations under this section and having a combined single limit of liability in the amount of $2 , 000, 000. Said certificate of insurance shall include an endorsement naming District, such other public agencies, its officers, volunteers, employees, attorneys and agents as additional named insureds. Section 13 . Letter of Credit Concurrently with issuance of the bonds, Landowner shall cause to be delivered to District a letter of credit (the "letter of Credit") substantially in the form attached as Exhibit "C" hereto -10- which shall be: (i) an irrevocable, non-transferable letter of credit issued by a federal or state chartered bank or other financial institution (the "Issuer") reasonably acceptable to District; (ii) in the "Stated Amount" as defined below; (iii) subject to renewal, replacement reduction, early termination, expiration and draws by District, or the agent designated by District (the "Beneficiary") as provided below; (iv) shall have a term ending on a June 30 at least one year from its date of issuance; and (v) shall be subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision, International Chamber of Commerce Publication No. 400) . (a) Applicability of Requirement. Landowner shall cause the Letter of Credit to be delivered, renewed and/or replaced with respect to each legal lot owned by Landowner and its partners in their individual capacities within the District for so long as all legal lots owned by Landowner and its partners are responsible for thirty-three percent (33%) or more of the total annual special taxes to be levied on all property within the District as a result of the bonds. (b) Beneficiary. The Director of Finance- Treasurer of the Rancho California water District and his or her designated representatives (the "Beneficiary") are hereby authorized by the District to draw on the Letter of Credit and provide for the reduction and termination of any Letter of Credit as may be required according to the terms of this Agreement. Landowner shall bear all costs associated with -11- • posting any Letter of Credit, which costs shall not be subject to reimbursement by the District. (c) Stated Amount. The "Stated Amount" shall be an amount equal to the gross debt service on the bonds allocable to legal lots owned by the Landowner and its partners in the District for the fiscal year ending on the termination date of the Letter of Credit and the fiscal year following such termination date. "Gross debt service on the bonds" means for each of the two fiscal years subject to calculation, the sum of (i) the principal amount of all outstanding bonds payable in such fiscal year either at maturity or pursuant to a sinking fund payment and (ii) the interest payable on the aggregate principal amount of bonds outstanding in such fiscal year assuming the bonds are retired as scheduled. Such gross debt service on the bonds shall not be reduced by earnings on funds that might otherwise be applied to payment on bonds pursuant to the bond resolution. "Gross debt service on the Bonds allocable to legal lots owned by Property Owner" shall be the sum of such gross debt service multiplied by a fraction the numerator of which is the maximum special tax that could be imposed on all legal lots owned by the Landowner and its partners in the current fiscal year and the denominator of which is the maximum special tax that could be imposed on all property within the District in the current fiscal year. (d) Letter of Credit Draws. Beneficiary may draw upon the Letter of Credit if Landowner is delinquent in -12- payment of the special taxes on property it and its partners own within the District. The total amount to be drawn under the Letter of Credit shall not exceed an amount equal to the special taxes owed by the Landowner and delinquent on property within the District at the time the draw is made. The amount thus drawn on the Letter of Credit shall be applied to clear the delinquent payment of special tax. If the Letter of Credit is not renewed within thirty (30) days prior to its expiration date and the requirements for release or termination of the Letter of Credit have not then been met, the full amount of the Letter of Credit may be drawn by Beneficiary and deposited in a separate fund. Thereafter, amounts in said fund may be drawn by Beneficiary on the same terms and conditions applicable to the Letter of Credit. At such time as the Letter of Credit is renewed, or a substitute letter of credit is accepted by the District, or the requirement for the Letter of Credit has been terminated pursuant to this Section, the District shall release all amounts in said fund to Landowner or the Issuer, as appropriate, within ten (10) calendar days from the date of renewal or acceptance, as possible. (e) Renewal and Substitution. The Letter of Credit shall be renewed or a substitute letter of credit provided, not less than thirty (30) calendar days prior to its expiration. If Landowner provides a substitute letter of credit to the District, then the District shall return any -13- existing letter of credit at the time of such substitution by Landowner. (f) Reduction and Termination. Upon the sale or transfer by Landowner and its partners of any property within the District, the Stated Amount of the Letter of Credit shall be reduced by recalculation in accordance with Section 13 (c) above. The Letter of Credit shall be terminated when all legal lots owned by Landowner and its partners are responsible for less than thirty-three percent (33%) of the total annual special taxes to be levied on all property within the District. (g) Reduction and Termination Mechanics. Reduction or termination of a Letter of Credit shall occur automatically upon submission to the Issuer by the District of a Certificates of Reduction or Termination in the form of Annex 113" or Annex 114" to the Form of Letter of Credit attached as Exhibit "C" hereto. District shall deliver such Certificate of Reduction or Termination promptly upon receiving from Landowner a certificate which shall be made under penalty of perjury and shall indicate (i) the legal description of all land owned by Landowner and its partners within the District, (ii) a recalculation of the new Stated Amount that Landowner proposed be applicable to the Letter of Credit and (iii) if termination of the Letter of Credit is requested, a statement that (1) such amount of total annual special taxes to be levied on all property within the District as a result of the bonds outstanding. -14- Landowner shall notify the District of any events that will result in a reduction of the face value of Landowner's Letter of Credit and shall provide the District with verification of said events. Landowner may provide the District with a substitute letter of credit in the reduced amount and the District shall release and return to Landowner the Letter of Credit then in effect. The parties expressly acknowledge that Landowner's failure to so notify the District or to reduce the Letter of Credit at the times prescribed herein shall in no way effect or invalidate sale or transfer of property, or recordation of maps on property. (i) Transferees. If property within the District is sold or transferred by Landowner and its partners, a Letter of Credit on the same terms specified herein will be furnished by the purchaser or transferee (the "Substitute Transferee") with respect to all legal lots owned by such Substitute Transferee with the District. The issuing financial institution and the form and terms of said Letter of Credit will be subject to reasonable prior approval by the Beneficiary and his or her designated representatives. All terms provided in this Section 13 are applicable to the Substitute Transferee by replacing the term "Landowner" at each place where it occurs in each section with the name of the Substitute Transferee. Each Substitute Transferee shall be an express third party beneficiary of the provisions of Section 13 . -15- Section 14 . Disclosure of Special Tax. In addition to the following provisions of this Section, the Director of Finance-Treasurer of the Rancho California Water District may approve on behalf of the District any additional disclosure provisions which together with those herein shall constitute the "Disclosure Program" of the Landowner and its partners, subject to the mutual agreement as to such provisions by the Landowner and the Director of Finance-Treasurer in consultation with special bond counsel. (a) To Purchasers of Finished Product from Landowner. This Section 14 (a) shall apply to all residential dwelling units and custom home lots developed by Landowner and its partners and located within the District for which a final subdivision public report was or will be required by the California Department of Real Estate (each a "Residential Lot") and to all commercial or industrial facilities developed by the Landowner and its partners for lease or sale (each a "Commercial Facility") . From and after the date of this agreement, the Landowner and its partners shall give a "Notice of Special Tax" (as defined in Section 14 (d) below) to each prospective purchaser of a Residential Lot or a Commercial Facility. The Landowner and its partners shall also require as a condition precedent to their obligation to close an escrow as to a Residential Lot or a Commercial Facility, or its obligation to lease a Commercial Facility pursuant to a "triple net" lease, that the prospective purchaser or lessee sign and return to the Landowner or its -16- partners a copy of the Notice of Special Tax. At least once each month, the Landowner and its partners shall forward copies of all signed Notice of Special Tax to the Director of Finance-Treasurer or his written designee. Landowner and its partners shall maintain records of all Notices of Special Tax for a period of eight (S) years. The Landowner and its partners shall include the Notice of Special Tax (or such other notice as is approved by the Director of Finance- Treasurer) in all of Landowner's and its partners' applica- tions for Final Subdivision Reports required by the California Department of Real Estate ("DRE") which are filed after the effective date of this agreement. (b) To Bulk Purchaser of Residential Property from the Landowner. This Section 14 (b) shall apply to those persons or entitles who purchase property within the District from the Landowner and its partners for the purpose of subdividing such property or constructing residential dwelling units thereon, or both (each a "Residential Developer") . Landowner and its partners shall require, as a condition precedent to their obligation to close an escrow for the sale of real property to a Residential Developer, that such Residential Developer covenant for the benefit of Landowner or such partner and the District that such Residential Developer shall require as a condition precedent to its obligation to close an escrow as to any residential dwelling unit that the prospective purchaser thereof sign and return to such Residential Developer a copy of the Notice of -17- Special Tax. At least once each month each Residential Developer shall forward copies of all signed Notices of Special Tax to the Director of Finance-Treasurer. Each Residential Developer shall maintain records of all Notices of Special Tax for a period of eight (8) years. Each Residential Developer shall include the Notice of Special Tax (or such other notice as is approved by the Director of Finance-Treasurer in all of such Residential Developer's applications for Final Subdivision Reports required by the DRE. (c) Purchasers of Commercial Property from the Property Owner. This Section 14 (c) shall apply to those persons or entitles (each a "Commercial Developer") that purchase property within the District from the Landowner and its partners for the purpose of constructing a commercial or industrial facility thereon for lease or sale (each a "Commercial Facility") . Landowner and its partners shall require, as a condition precedent to their obligation to close an escrow for the sale of real property to Commercial Developer, that such Commercial Developer covenant for the benefit of Landowner and the District, that such Commercial Developer shall require as a condition precedent to its obligation to sell or lease pursuant to a "triple net" lease any Commercial Facility, that the prospective purchaser or lessee sign and return to the Commercial Developer a copy of the Notice of Special Tax. At least once each month Commercial Developer shall forward copies of all signed -18- Notices of Special Tax to the Director of Finance-Treasurer. Each commercial Developer shall maintain records of all Notices of Special Tax for a period of eight (8) years. (d) Notice of Special Tax. with respect to any parcel, the term "Notice of Special Tax" means a notice written in English which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the special tax of the District; (ii) the land use classification of such property; (iii) the maximum annual amount of the special tax and the number of years for which it will be levied; (iv) if available at the time such notice is delivered, an indication of the amount of special tax to be levied on such property for the following fiscal year; and (v) the types of facilities or services to be paid or with the proceeds of the special tax. The Notice of Special Tax shall be in such form as may be approved from time to time by the District or the Director of Finance-Treasurer. Such Notice of Special Tax may include as exhibits thereto copies of the "Rate and Method of Apportionment of Special Tax for the District, in which case the requirements of item (iii) above shall be deemed satisfied. (e) Notice to Subsequent Purchasers. The District has filed with the Riverside County Recorder a document that gives notice of the existence of the District and the levy of the special tax on property within the District for the benefit of subsequent property owners, pursuant to -19- requirements of Section 3114 .5 of the Streets and Highways Code. Section 15. Termination. This agreement shall ter- minate and be of no further force or effect if Landowner does not elect to proceed with the construction of the Second Phase within 60 days of the date hereof or if Landowner pro- ceed but does not complete the construction of the Second Phase. Furthermore, District may, in its sole discretion, terminate this agreement if any legal challenge is filed relating to the validity or enforceability of this agreement or the bond issuance proceedings. Section 16. General. This agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall consti- tute a single agreement. Section 17. Joint Financing Agreements. It is the intent of District and Landowner that this agreement be interpreted consistently with the provisions of the Joint Financing Agreements concurrently entered into by District, Landowner and other applicable public agencies. In the event that any of the foregoing provisions of this agreement conflict with the terms of the Joint Financing Agreements, the provisions of the latter shall control to the extent necessary. -20- IN WITNESS WHEREOF, the parties have caused this agree- ment to be executed as of the date first above written. COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT By: President of the Board of Directors of the Rancho California Water District ATTEST: Linda M. Fregoso, Secretary of the Board of Directors of the Rancho California Water District TAYCO, A California general partnership By: Title: 5/146/006634-0138/019 -21- i • EXHIBIT A First Phase of Public Improvements (By Discrete Component) (1) The storm drain channel improvements for Long Valley Wash adjacent to Rancho California Road within Parcel 2 . (2) Storm drain improvements from Rancho California Road south to Rancho Vista Road. 5/146/006634-0138/019 Exhibit A EXHIBIT B Second Phase of Public Improvements (By Discrete Component) ROAD/GRADING (1) The grading of the southerly half of Rancho California Road from the westerly tract boundary of Parcel 1 to Butterfield Stage Road. (2) The grading of Rancho Vista Road from the westerly boundary of Parcel 6 east to Butterfield Stage Road. (3) The street improvements of Kaiser Parkway from the intersection of Rancho Vista Road south to Pauba Road. WATER (1) Tract 22715 Water Facilities (as described in Facilities Report) (2) Tract 22915 Water Facilities (as described in Facilities Report) (3) Tract 22916 Water Facilities (as described in Facilities Report) 5/146/006634-0138/019 Exhibit B SENT BY:COSTLIIN HOMES INC �0-31-89 11:55AM ; 714750819074 9410372;# 3 1 R 3 (Tract Nos . 22716 and 22716) 4 b The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT, " the COUNTY 6 OF RIVERSIDE, hereinafter called "COUNTY, " and TAYCO, a California general partnership, hereinafter called "DEVELOPER, " 7 hereby agree as follows ; 8 RECITALS 9 A. DEVELOPER has submitted for approval Tentative Tract Nos . 22715 and 22716 in the Rancho California area of 10 western Riverside County, and as a condition for approval . DEVELOPER must construct certain flood control facilities in 11 order to provide flood protection for DEVELOPER ' S planned development; and 19 B . Said required facilities include a 60" reinforced 13 concrete pipe in Butterfield Stage Road, hereinafter called "STORM DRAIN, " as shown in red on Exhibit "A" attached hereto, 14 extending from a point northwesterly of Rancho Vista Road to a point of connection with an existing reinforced concrete box 15 crossing near Rancho California Road; and 16 C. STORM DRAIN is one of numerous public facilities proposed to be funded and constructed through proceedings 17 associated with COUNTY ' S Assessment District No. 159 (Rancho Villages) , however , in order to expedite the installation of 16 STORM DRAIN, DEVELOPER desires to fund and construct STORM DRAIN. exclusive of such assessment district financing; and 19 D. DEVELOPER desires DISTRICT to assume ownership and 20 responsibility for the operation and maintenance of STORM DRAIN. Therefore, DISTRICT must review and approve the plans and 21 specifications and subsequently inspect the construction of STORM DRAIN; and EE E. DISTRICT is willing to review and approve plane and E3 epeoifications prepared by DEVELOPER for STORM DRAIN and is further willing to provide construction inspection of STORM E4 DRAIN, provided DEVELOPER deposits with DISTRICT the amount as specified herein to cover the cost for construction inspection; 25 and R6 F. DISTRICT is willing to assume ownership and responsibility for the operation and maintenance of STORM DRAIN, 27 excluding inlets and connector pipes within COUNTY rights of way, provided (i) DEVELOPER complies with this agreement, (11) 89 DEVELOPER deposits with DISTRICT the amounts as specified herein saeeaerousa •munrmnm _1_ m „« 4lAR i 411b /J EXHIBIT "E" SENT BY:COSTRIN HOMES INC �0-31-69 11:560M 714760 74 9410372:# 4 1 to cover the construction inspection and operation and maintenance costs of STORM DRAIN, (iii) STORM DRAIN is 2 constructed in accordance with plans and specifications approved by DISTRICT, and (iv) all rights of way deemed necessary by 3 DISTRICT for the operation and maintenance of STORM DRAIN, Including ingress and egress, ate conveyed to DISTRICT: and 4 Q. DISTRICT is willing o accept a• Part operation and maintenance responsibilities asseClatedfwithTSTORMB 5 DRAIN, the added responsibility of removing debris which may 6 accumulate in COUNTY' S existing reinforced concrete box crossing In Butterfield Stage Road, hereinafter called "BOX" , as shown in 7 concept in blue on Exhibit "A" , provided COUNTY grants DISTRICT the right to perform said work within COUNTY rights of way: and 8 H. COUNTY is willing (1 ) to exclude STORM DRAIN from 9 future Assessment District No. 159 (Rancho Villages) financing consideration, (11) to grant DISTRICT the right to operate and 10 maintain STORM DRAIN and remove debris from Box within COUNTY rights of way, (iii) to continue ownership and structural 11 operation and maintenance responsibilities for 80x, and (iv) to accept responsibility for the operation and maintenance of STORM 12 DRAIN inlets and connector pipes within COUNTY rights of way. 13 1 . Tentative Tract Nos. 22715 and 22716 are part of SpecifiC Plan No. 199 (Margarita Village) and are subject to the 14 provisions of Development Agreement No. 5 recorded November 7, 1988, as Instrument No . 325515 . 1s NOW. THEREFORE, the parties hereto mutually agree as 16 follows : 17 SECTION I 18 DEVELOPER shall : 10 1. Prepare plans and specifications for STORM DRAIN in 20 accordance with DISTRICT standards and submit the plans and specifications to DISTRICT for its review and approval . Al 2 . Pay DISTRICT (Zone 7 Maintenance Trust fund No . 22 732-64-950-3211) upon execution of this agreement, the one time cash sum of $16, 875 .00, the agreed upon DISTRICT estimated amount 23 necessary to cover DISTRICT operation and maintenance costs for STORM DRAIN through the year 1998 . R4 3 . Provide DISTRICT with twenty (20) days written 25 notice prior to the start of Construction of STORM DRAIN, and at the time of said written notice, deposit with DISTRICT (Account 26 No. 8-8-398-80-015) the sum of $20,000.00, the DISTRICT estimated cost Of providing construction inspection for STORM DRAIN. 27 4 . Secure all necessary licenses, permits, right of 28 way and rights of entry as may be needed for the construction, sswaaoasla . many pins" casasy, SENT BY:C05TPIN HOMES INC 0-3 1-69 11:57AM ; 71470907-) 9410372;# 5 1 inspection, and operation and maintenance of STORM DRAIN, and furnish DISTRICT, at the time of providing written notification 2 to DISTRICT of the start Of Construction as set forth in Section I . 3 . , or not less than 10 days prior to the recordation of the 3 final maps for Tract Nos. 22715 and 22716 or phases thereof, whichever occurs first, with sufficient evidence of DEVELOPER 4 having secured such necessary licenses , permits, rights of way and rights of entry, as determined and approved by DISTRICT. 6 5. At least twenty (20) days construction of any element of STORM DRAIN. OOrto the start of d recordation of the final maps for Tract Nos . 22715 ando22716 or 7 any phases thereof, whichever occurs first, either: 8 (a) Provide DISTRICT with cash, or a letter of credit from a recognized financial institution 9 acceptable to DISTRICT, the amount of one hundred and ten percent (110%) Of DISTRICTS estimated cost to 10 construct STORM DRAIN. Said amount is to remain on deposit Until STORM DRAIN is accepted by DISTRICT as 11 complete; at which time the amount of deposit may be reduced to 10% for a period of one year to guarantee 12 against any defective work, labor or materials; or 13 (b) Provide COUNTY with faithful performance and Payment bonds, each in the amount of 100% the estimated 14 cost for construction of STORM DRAIN as determined by DISTRICT. The surety, amount and form of the bonds 15 shall be subject to the approval of DISTRICT and COUNTY. The bonds shall remain in full force and effect 16 Until STORM DRAIN is accepted by DISTRICT as being complete; at which time the bond amount may be reduced 17 to 10% for a period of one year to guarantee against any defective work, labor or materials . 18 6 . In accordance with Section 3 . 8 of Development 19 Agreement No. S. obtain and convey to DISTRICT, all rights of way deemed necessary by DISTRICT for operation and maintenance of 20 STORM DRAIN, including ingress and egress, upon completion of construction of STORM DRAIN, but prior to DISTRICT acceptance of E1 STORM DRAIN for operation and maintenance. 22 7 . Purnish DISTRICT with policies Of title insurance, each in the amount of not less than fifty thousand dollars 23 (150, 000.00) for each parcel to be conveyad to DISTRICT pursuant to Section 1 . 6, guaranteeing DISTRICT' S interest to said property 24 as being free and clear of all liens, encumbrances, assessments, easements , taxes and leases (recorded and unrecorded) , except 25 those which, in the sole discretion of DISTRICT, are acceptable. 86 e . Construct, or cause to be constructed, STORM DRAIN at D EVE LOPERIS sole expense in accordance with plans and 27 specifications approved by DISTRICT. 28 s A emaam cowftiuRcaftL -3- �s.tem SENT BV:COSTAIN HOMES INC -31-89 i1:S8AM 71476OW7a 9410372;p 6 1 9 . Pay. if suit is brought upon this contract or any bond guaranteeing the completion of STORM DRAIN, all costs and 2 reasonable expenses and fees incurred by DISTRICT in successfully enforcing such obligations, including reasonable attorneys , fees, 3 and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any 4 judgment rendered. 6 10. rurnish DISTRICT with final mylar plans for STORM DRAIN, and assign their ownership to DISTRICT. 6 7 SECTION II s DISTRICT shalli 9 1. Review end approve plans and specifications prepared by DEVELOPER for STORM DRAIN, prior to the start of 10 construction. 11 2 . Inspect the construction Of STORM DRAIN. 12 3 . Upon acceptance of STORM DRAIN as being complete and upon conveyance of all rights of way necessary for DISTRICT ' S 13 responsibility for the operation and maintenance of STORM DRAIN, accept ownership and responsibility for operation and maintenance 14 of STORM DRAIN, excluding all inlets and connector pipes with COUNTY tights of way, and further accept the added responsibility 16 of debris removal within BOX. 16 4 . Xeep an accurate accounting of all construction inspection costs and, within thirty (30) days after DISTRICT 17 acceptance of STORM DRAIN as being complete, submit a cost statement to DEVELOPER. If inspection costs exceed the deposit is as set forth in Section I-. 3 . , DEVELOPER shall pay the additional amount upon demand by DISTRICT. If the deposit exceeds said 19 costs , DISTRICT shall reimburse DEVELOPER the excess amount within forty-five (45) days after DISTRICT acceptance of STORM $0 DRAIN as being complete. 81 1 S . Provide COUNTY with "as-built" mylar plans for all facilities constructed within COUNTY rights of way, upon DISTRICT 88 acceptance of STORM DRAIN as complete. 83 SECTION IIi 94 COUNTY shall , 86 1. Accept and hold performance and payment bonds 26 approved by COUNTY and DISTRICT as set forth herein, prior to the start of construction of STORM DRAIN. 27 2 . Upon DISTRICT acceptance of STORM DRAIN as being 28 complete, accept operation and maintenance responsibilities for STORM DRAIN inlets and connector pipes within COUNTY right of way. eswaLm ON n -4- amme WAMOKCAUPODU SENT HY:COSTAIN HOMES INC ; 10-31-89 31:58AM ; 714760819074 9410372;# 7 1 S . Continue its ownership and operation and maintenance responsibilities for all structural aspects of BOX. 2 4 . Grant DISTRICT the right to operate and maintain 3 STORM DRAIN within COUNTY rights of way and to perform debris removal work within BOX as provided herein. 4 S. Not grant any occupancy permits of any dwelling 5 unit within Tract Nos. 31715 or 22715 or any phase thereof, until construction of STORM DRAIN is complete, unless otherwise 6 approved by DISTRICT, in writing. 7 SECTION IV 8 It is further mutually agreed: 9 1. All work involved with STORM DRAIN shall be 10 inspected by DISTRICT and shall not be deemed complete until approved and accepted as complete by DISTRICT. 11 2 , DEVELOPER and COUNTY personnel may obaorve and 12 inspect all work being done on STORM DRAIN, but shall provide any comments to DISTRICT personnel who shall be responsible for all 13 quality control communications with the contractor during the construction of STORM DRAIN. 14 3 . Construction of STORM DRAIN shall be completed by 15 DEVELOPER within six (6) Consecutive months after execution of this agreement and within sixty (60) consecutive calendar days 16 after Commencing work on STORM DRAIN. It is expressly understood that since time is of the essence in this agreement, failure of 17 DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work 18 and either : 19 (a) Draw upon the cash deposit or letter of credit as described in Section I .S . to pay for the cost of 20 performing the remaining work; or 21 (b) Require DEVELOPER' S surety to pay to COUNTY the penal sum of any and all bonds . RB 4 . DISTRICT and COUNTY shall not in any way be 23 obligated pursuant to this agreement, to acquire rights of way necessary for the construction, inspection, operation and 24 maintenance of STORM DRAIN. 25 S. DEVELOPER shall , during the construction period, provide Workers Compensation Insurance in an amount required by 25 law. A certificate of said insurance policy shall be provided to DISTRICT and COUNTY prior to such construction period. 27 6. DEVELOPER shall, commencing on the date notice is 28 given pursuant to Section I .4 and continuing until DISTRICT accepts STORM DRAIN for operation and maintenance: esuaoaGEML a �raa�ewT e�Rastit,eKSOiau SENT HY:COSTAIN HOMES INC :10-31-89 11:59RM : 714760819074 9410372:# 8 i (a) Provide and maintain comprehensive liability insurance coverage which shall protect DEVELOPER from $ claim from damages for personal injury, including accidental and wrongful death, as well as from claims 3 for property damage which may arise from DEVELOPER' S Construction of STORM DRAIN or the performance of its 4 obligations hereunder, whether such construction or performance be by DEVELOPER, by any contractor, 6 subcontractor , or by anyone employed directly or Indirectly by any of them. Such insurance shall name 6 DISTRICT and COUNTY as additional insureds with respect to this agreement and the obligations of DEVELOPER 7 hereunder . Such insurance shall provide for limits of not less than two million dollars ('2 ,000, 000.00)- per 8 occurrence. 9 (b) Cause its insurance carriers to furnish DISTRICT, prior to the Construction period, by direct 10 mail , with certificate(s) of insurance showing that such insurance is in full force and effect and that DISTRICT 11 and COUNTY are named as additional insureds with respect to this agreement and the obligations of DEVELOPER 18 hereunder . Further , said certificates) shall provide that the issuing company shall give DISTRICT sixty (60) 13 days written notice in the event of any cancellation, termination, non-renewal or reduction in coverage of the 14 policies evidenced by the certificate(s) . In the event of any such cancellation, termination, non-renewal or 16 reduction in coverage, DEVELOPER shall, forthwith, secure replacement insurance meeting the provision of 16 this paragraph. 17 Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this agreement and i8 shall authorize and constitute authority for DISTRICT to proceed to perform the remaining work pursuant to Section I . 3 . 19 7. In the event that any claim or legal action is E0 brought against DISTRICT or COUNTY in connection with this agreement because of the actual or alleged acts or omissions by 21 DEVELOPER, DEVELOPER shall defend, indemnity and hold DISTRICT and COUNTY harmless therefrom, without cost to DISTRICT or �$ COUNTY. Upon DEVELOPERS failure to do so, DISTRICT and COUNTY shall be entitled to recover from DEVELOPER all of their cost and 83 expanses including, but not limited to, reasonable attorneys ' fees. E4 S. DEVELOPER shall defend, indemnify and hold DISTRICT 28 and COUNTY, their reapeCtive officers, agents, employees and Independent contractors free and harmless from any claim $6 whatsoever, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United 87 States Constitution, or any Other Iaw Or ordinance which seeks to impose any other liability or damage whatsoever, for the design, 29 construction or failure of STORM DRAIN or from the diversion of eareoaaaraw �etec�ioe� '6- !,.�e+wa+wer ruaaae•••�•••. SENT BY:COSTGIN HOMES INC : 10-31-89 12:00PM : 714760819074 9410372:p 9 1 the waters from the natural drainage patterns, save and except claims and litigation arising solely through the sole negligence 2 or 5014 willful milconduct of DISTRICT or COUNTY. DEVELOPER shall defend DISTRICT and COUNTY without cost to DISTRICT or 3 COUNTY, Upon shallbeenti t a S ledtorecoverefromdDEVELOPERTall of their 4 cost and expenditures, including, but not limited to, reasonable attorneys , fees. S 9. DEVELOPER for itself, its eucces$Or@ Slid assigns d hereby releases DISTRICT and COUNTY, their respective officers, agents , and employee• from any and all claims, demands, actions, 7 or suits of any kind arising out of any liability, known or unknown, present or future, including, but not limited to, any 8 claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of 9 the United States Constitution, or any other law or ordinance . which seeks to impose any other liability or damage, whatsoever, 10 for the design, construction or failure of STORM DRAIN, or the ' discharge of drainage within or from STORM DRAIN. Nothing 11 contained herein shall constitute a release by DEVELOPER of DISTRICT, its officers, agents, and employees from any and all 12 claims, demand, action or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent 13 maintenance of STORM DRAIN or box after its acceptance by DISTRICT. 14 10. Any waiver by DISTRICT or COUNTY of any breach of lb any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the 16 DISTRICTooraCOUNTYetotrequirere xact,Ffullrandncompletetcompliance 17 with any terms of this agreement shall not be construed as in any manner changing the terms hereof , or estopping DISTRICT or COUNTY 18 from enforcement hereof . 11. This ursuant to Section 19 11 .17 of Development agreement 6 entered pursuant to Section 20 2 .3 of Development Agreement No. S . This agreement is not intended to modify, amend or rescind any provision of Development 21 Agreement No. S. To the extent that any provision of this agreement conflicts with any provision of Development Agreement 22 No. S. the provisions of Development Agreement No. 6 shall prevail and be controlling. 23 12 . If any provision in this agreement is held by a 24 court of competent jurisdiction to be invalid, .void, or unenforceable, the remaining provisions will nevertheless 28 continua in full force without being impaired or invalidated in any way. 26 17 . This agreement is to be construed in accordance 27 with the laws of the State of California. k8 14 . Any and all notices sent or required to be sent to GMAW GOURD= mamC= .7- air.un)nwatr — nauot.tx�o�w� SENT BY:COSTAIN HOMES INC W-31-69 12:01PM ; 71476W7-4 9410372;M10 1 the parties of this agreement will be mailed by first class mail, postage prepaid, to the following addresses : 2 RIVERSIDE COUNTY FLOOD CONTROL COUNTY OF RIVERSIDE 3 AND WATER CONSERVATION DISTRICT Attn: Road Department P.O. Box 1033 County Administrative 4 Riverside, CA 92502-1033 Center, Eighth Floor 4080 Lemon St. 5 TAYCO Riverside, CA 92501 620 Newport Center Dr. , Suite 400 6 Newport Beach, CA 92660 7 15 . Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights 8 provided for by the agreement shall be tried in a court of . competent jurisdiction in the County of Riverside, State of g California , and the parties hereto waive all provisions of law Providing for a change of venue in such proceedings to any other 10 county. 11 16 . This agreement is the result of the negotiations between the parties hereto. and the advice and assistance of 12 their respective counsel . The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no 13 import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because 14 DISTRICT prepared this agreement in its final form. 15 17 . The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees . 18 18 . DEVELOPER shall not assign or otherwise transfer 17 any of their rights, duties or obligations hereunder to any person or entity without the prior written consent of the other 16 parties hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and 19 agrees that they shall remain liable with respect to any and all of the obligations and duties contained in this agreement. 20 19 . This agreement is intended by the parties hereto as 21 a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement 92 of the terms and conditions thereof and supersedes any and all Prior and contemporaneous agreements and understandings, oral or 23 written, in connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto . 24 E6 Ed 27 28 eswaAesauas oaen. _e_ SENT BY:CO5TAIN HOMES INC 16-31-89 12:02PM ; 714760 07-) 9410372;pit 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on R (To be fifflGiAerby Clerk of the Board. ) 3 RECOa1MENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL J AND WATER CONSERVATION DISTRICT NNETH L. EDWARDS BY Chief Engineer Cha p man. Board upervisars f3 APPROVED AS TO FORM: ATTEST: 141809 7 GERALD J . GEERLINGS GERALD A. MALONEY 6 County Counsel Clerk of the Boa d rev BY STATE OF I COUNTY OFtIFORNIA Riverside laa S 9 Groh nft the undaelpned,■Notary 1`6ft In and for I++a.PMOer4p Y� ■yam to nN an the bMU 1a'aattNeauxy oddena)to M the parm,"wis O.WU ad the w hIn Instrument g �OSTAIN FM'S INC I■n, on a en :DE �+owrw.t4nner.prrm.q.nd b aorporeden e.eouted the wnhln in.nu„�i°Qp„' ro� Its�pyb, tore ora reeahmtanOfamHoardo tdlreoare,aaleCOdperaryp,r by. a0sh0a�� be.n to me to to We of the perprere�� KARIM POLCYN >f Supervisors r�vrn, . r.Tt ♦ NOTARYPUeUC ae o.med.Np thu .F tarlhp�_ RIVtR61OS COUNTY t!W taeh���Im a awirse nL and eels CALIFORNIA e Stn aantmer and that sigh partnership amps the me MY Isaiah E Y WITNtLw my han�d ai�d dRICW AmL Abet=• 1 es 1 d (This area for aRWal notarial seen It ITATE OF CALIFORNIA .. —.. — ... COUNTY OF Na eaksate,pareonaay ;'°GREf:OAYbA reDO tEhaRundere7ned NosyPue,kInandfor is general s• [��r�gryl�y' /y for 1100401011 a me on the!ue of mug. ae Iha pereom that eaeeulad Me Win tnelNrmNd on ItaheR 0 , a POLCYN the partnership TARY PUSUC dte"I'm hi m"ee t acluewaapad w me Thal the pahimerterlp 091De COUNT' 41111110cuted IL cAUFORNIA WITNESS my hand acrd oRWeI eeaL es Awgm 2, ISO 1 (Thu area Iat aftklal noted@,aeaq SENT HY:COSTGIN HOMES INC 00-31-89 12:02PM ; 71476&074 9410372:#12 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 2 (To be fiffevillby Clark of the Hoard. ) 3 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL 4 AND WATER CONSERVATION DISTRICT TH L. EDWARDS by Chief Engineer Cha rman, Board upervisors a APPROVED AS TO FORM: ATTEST: hpp i 1999 7 GERALD J . GEERLINGS GERALD A. MALONEY 9 County Counsel Clark of the Boa d 16 G BY sY Deputy Deputy 10 (SEAL) 11 RECOMMEND FO PPROVi 12 13 LEROY D. SMOOT Road Commissioner and County Surveyor 14 COUNTY OF RIVERSIDE 18 By /Gr Chaff n, Board of Supervisors 17 ATTEST: KU 141999 18 GERALD A. MALONVd C erk of the Bo iq BY god"az 20 De y 91 (SEAL) 22 Dated: TAYCO, a California general 23 par ship E4 JGV:bin t 4017LIT 25 3/1/!9 25 Titl 27 28 (NOTARY) domwLenwima W wrVV -9- aartao — ai•un.n.Qr SENT BY:COSTAIN HOMES INC :10-31-89 12:03PM : 71476081907-1 9410372:#13 Box R Q W. PUMP STATION SMRM DRAIN ° 7R att��b VISTA c`ko ow. 90 INDEX MAP F� s COUNTY OF RIVERSIDE EXHIBIT A MICIN,TY MAP EXHIBIT "B" DESCRIPTON OF FLOOD CONTROL FACILITIES (1) The storm drain channel improvements for Long Valley Wash adjacent to Rancho California Road within Parcel 2 (to be owned by City or its designee) . (2) Storn drain improvements from Rancho California Road south to Rancho Vista Road (to be owned by RCFCWCD) . SHEET 1 OF 1 PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 RANCHO CALIFORNIA WATER DISTRICT w1yV ✓Q li,Ey V✓Q$/f COUNTY OF RIVERSIDE. SIAtE OF CALIFORNIA CHq NNEL - i xnu. a+nr. Ixu rxl nnnx xn sxevlxc reerosm eauno.gn or wnnurm rulul us __ cwu�o...-.. oao n rutml teulrn vur m m 1ux1 uovn . ..5 rx n o.ee-e.i nnxcxo ulvavxp v.na .� __ _ _ ou pjll u . ncuw xl"Inc Ixu llii rna loll e.x o • g _ rum it uN ornn of 1x1 wunm m r]xcxa of nern] unv onmu. RLi,4Q S.n. Tlil rev m r xwo ufli uixlx vnii+oof si«iil l� x H ?' ruln unr _nnr m . Iv__, a Im aJ nou..uv-d -S;;issni«i NFU onnvxi in eoon ilT iiviP ii ^NCNO F [el llerrxl._ louxlr of ..r1911o1, tl.11 01 \ nu ux r. tonrn. touxn glorou rC[I . / xx{f�—(�/�Inr�Berq.'WJ-r 41Y0�`4stiW. J(�yr�il ✓Mew]/