HomeMy WebLinkAboutA8665 - RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MDP LINE 41 STAGE 3 PROJECT NO 6-0-00160234036
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage 3
Project No. 6-0-00160-03
This Cooperative Agreement ("Agreement"), dated as of lrb z _ I-1, is entered into
by and between the Riverside County Flood Control and Water Conservation District, a body
politic, ("DISTRICT") and the City of Palm Springs, a California charter city and municipal
corporation ("CITY"). Sometimes hereinafter, DISTRICT and CITY may be referred to
individually as a "Party" or collectively as the "Parties". The Parties hereto agree as follows:
RECITALS
A. DISTRICT has budgeted for and plans to design and construct the Palm Springs
Master Drainage Plan - Line 41, Stage 3 ("STAGE 3") to provide flood control and drainage
improvements for the immediate adjacent areas within CITY; and
and
B. STAGE 3 is identified in DISTRICT's Palm Springs Master Drainage Plan ("MDP");
C. STAGE 3, as shown on DISTRICT Drawing No. 6-0343 and as shown in concept in
blue on Exhibit "A" attached hereto and made a part hereof, consists of the following:
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Approximately 4,900 lineal feet of underground storm drain system. At its
downstream terminus, MAINLINE will connect to DISTRICT's existing
Palm Springs MDP - Line 41, Stage 2 ("STAGE 2") near Golf Club Drive.
STAGE 2 is shown in concept in red dashed line on Exhibit "A"; and
ii. Detention Basin ("BASIN")
An approximately 6.5-acre detention basin; and
iii. Cherokee Way Lateral ("CHEROKEE LATERAL")
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Approximately 300 lineal feet of underground storm drain system to be
constructed within a portion of Cherokee Way. At its downstream terminus,
CHEROKEE LATERAL will connect to MAINLINE. CHEROKEE
LATERAL is shown in concept in pink on Exhibit "A'; and
iv. Cherokee Lateral Appurtenances ("LATERAL APPURTENANCES")
Various catch basins and connector pipes that are less than thirty-six inches
(36") in diameter that are associated with CHEROKEE LATERAL and
located within a DISTRICT -held easement; and
V. District Appurtenances ("DISTRICT APPURTENANT FEATURES")
Various inlet structures; concrete wing walls and retaining walls; concrete
spillway, gated intake structure; manholes; maintenance access road; riprap
protection and aprons; concrete cutoff walls; gates, fencing, and cable
railing; impact basin; safety devices and laterals, connector pipes and storm
drains that are greater than thirty-six inches (36") in diameter. CHEROKEE
LATERAL and LATERAL APPURTENANCES are not included in
DISTRICT APPURTENANT FEATURES; and
D. Associated with the construction of STAGE 3 is approximately 1,760 lineal feet of
interim earthen channel along the southern frontage of State Highway 111 (E. Palm Canyon
Drive) between Palm Hills Drive and Golf Club Drive, and associated concrete check dams, drop
inlets, concrete aprons, and riprap ("INTERIM EARTHEN CHANNEL"), as shown in concept
in yellow on Exhibit "A".
E. Altogether, MAINLINE, BASIN, DISTRICT APPURTENANT FEATURES and
INTERIM EARTHEN CHANNEL are hereinafter called "DISTRICT FACILITIES"; and
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F. Associated with the construction of DISTRICT FACILITIES is the construction of
concrete retaining walls and headwalls; various curb and gutter; cross gutters; local depressions;
concrete aprons; sidewalks; catch basins and laterals, connector pipes and storm drains that are
thirty-six inches (36") or less in diameter located within CITY held easements or rights of way,
hereinafter called "CITY APPURTENANCES"; and
G. CITY desires DISTRICT to include certain street improvements, such as additional
street grinding and asphalt overlay ("STREET PAVING"), as shown in concept in green on
Exhibit "B" attached hereto and made a part hereof, as a part of its construction contract.
STREET PAVING limits shown on Exhibit "B" are preliminary and will be adjusted to three feet
beyond the top of any trench sidewall or beyond any undermined asphalt caused by construction;
and
H. CITY is willing to reimburse DISTRICT for one hundred percent (100%) of the
lowest responsible construction contract bid price for STREET PAVING ("INITIAL
PAYMENT") plus any cost associated with STREET PAVING items resulting from contract
change orders ("PAVING CHANGE ORDERS"). Together, INITIAL PAYMENT and
PAVING CHANGE ORDERS are collectively referred to as "CITY CONTRIBUTION"; and
I. DISTRICT is willing to incorporate STREET PAVING into its public works
construction contract. Therefore, DISTRICT is willing to prepare, or cause to be prepared, the
necessary restoration plans and specifications for STREET PAVING ("PAVING PLANS")
located within CITY rights of way; and
J. CITY is willing to review and approve PAVING PLANS; and
K. Altogether, CITY APPURTENANCES and STREET PAVING are hereinafter called
"CITY FACILITIES"; and
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L. DISTRICT FACILITIES, CHEROKEE LATERAL, LATERAL
APPURTENANCES and CITY FACILITIES are hereinafter altogether called "PROJECT"; and
M. Portions of PROJECT will impact the Casey's June Beetle ("CJB"), a federally listed
endangered species, and its designated critical habitat; and
N. The United States Fish and Wildlife Service issued its biological opinion for
PROJECT, which includes requirements for DISTRICT to mitigate for impacts to CJB through
a variety of means, including, but not limited to, placing the following two DISTRICT -owned
I parcels, which are within CJB habitat, under a permanent conservation easement or permanent
deed restriction:
i. "PARCEL A", Riverside County Assessor's Parcel Number 510-300-002
(DISTRICT's Parcel Number 6040-28), an approximately 13.4 acre parcel
in the Palm Canyon Wash. PARCEL A is shown in concept diagonally
hatched in purple on Exhibit "C" attached hereto and made a part hereof;
and
ii. "PARCEL B", an approximately 26.6 acre parcel, which is a portion of
Riverside County Assessor's Parcel Number 510-290-005 (DISTRICT's
Parcel Number 6040-10). PARCEL B is shown in concept cross -hatched in
teal on Exhibit "C"; and
iii. Altogether, PARCEL A and PARCEL B are hereinafter called "DISTRICT
MITIGATION PARCELS"; and
O. DISTRICT MITIGATION PARCELS, totaling approximately 40 acres, currently
comprise the majority of DISTRICT -owned real property within CJB habitat; and
P. DISTRICT owns, operates and maintains a number of critical flood control facilities,
which are located within or adjacent to the city of Palm Springs, that protect a significant area of
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the city of Palm Springs ("EXISTING PS FACILITIES"). Portions of EXISTING PS
FACILITIES are located within CJB habitat. DISTRICT will likely be required to mitigate for
impacts to CJB habitat as part of DISTRICT's long-term maintenance, repair and restoration of
EXISTING PS FACILITIES; and
Q. Since the commitment of DISTRICT MITIGATION PARCELS as CJB
compensatory mitigation land for PROJECT will effectively preclude DISTRICT from providing
similar compensatory mitigation for the long-term maintenance, repair, and restoration of said
EXISTING PS FACILITIES, CITY agrees to provide approximately 40 acres of CITY -owned
land that is located, partially or wholly, within suitable CJB habitat as the necessary CJB
compensatory mitigation land for the operation, repair and maintenance of EXISTING PS
FACILITIES; and
R. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed
with the construction of PROJECT at the earliest possible date; and
S. The purpose of this Agreement is to memorialize the mutual understandings by and
between DISTRICT and CITY with respect to (i) the design, construction, inspection, ownership,
operation and maintenance of PROJECT and (ii) the CJB compensatory mitigation
responsibilities for PROJECT and future operation, repair and maintenance EXISTING PS
FACILITIES.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants
hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct
and incorporated into the terms of this Agreement and as follows:
SECTION I - DISTRICT Responsibilities
DISTRICT shall:
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1. Pursuant to the California Environmental Quality Act ("CEQA"), act as the Lead
Agency and assume responsibility for the preparation, circulation and adoption of all necessary
and appropriate CEQA documents pertaining to the construction, operation and maintenance of
PROJECT.
2. Prepare, or cause to be prepared, plans and specifications for PROJECT
("IMPROVEMENT PLANS") in accordance with applicable DISTRICT and CITY standards.
3. Obtain, at its sole cost and expense, all necessary rights of way, rights of entry and
temporary construction easements necessary to construct, inspect, operate and maintain
PROJECT.
4. Secure, at its sole cost and expense, all necessary permits, approvals, licenses or
agreements required by any federal, state or local resource or regulatory agencies pertaining to
the construction, operation and maintenance of PROJECT.
5. Prior to advertising PROJECT for public works construction contract bids, submit
IMPROVEMENT PLANS to CITY for its review, comment and approval, as appropriate.
6. Advertise, award and administer a public works construction contract for PROJECT.
7. Provide CITY with written notice that DISTRICT has awarded a construction contract
for PROJECT. The written notice to CITY shall include the estimated cost for STREET
PAVING based upon the estimated quantities of materials removed and installed at the contract
unit price.
8. Within thirty (30) days of DISTRICT awarding PROJECT construction contract, pay
Coachella Valley Conservation Commission the costs associated with the Multiple Species
Habitat Conservation Plan, which is either the lesser of three percent (3%) of the lowest bid price
or three percent (3%) of the contract bid price, less the value of the project specific mitigation, if
applicable to offset the 3% cost.
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9. Prior to commencing PROJECT construction, schedule and conduct a pre -
construction meeting between DISTRICT, CITY and other affected entities. DISTRICT shall
notify CITY prior to conducting the pre -construction meeting.
10. Furnish CITY, at the time of the pre -construction meeting, with a construction
schedule which shall show the order and dates in which DISTRICT or DISTRICT's contractor
proposes to carry on the various parts of work, including estimated start and completion dates.
11. Not permit any change to, or modification of CITY- and DISTRICT -approved
PAVING PLANS without the prior written permission and consent of CITY.
12. Grant CITY, by execution of this Agreement, the right to enter upon DISTRICT's
property where necessary and convenient for the purpose of gaining access to, and performing
inspection service for, the construction of CITY FACILITIES as set forth herein.
13. Construct or cause to be constructed PROJECT pursuant to a DISTRICT administered
public works construction contract, in accordance with DISTRICT- and CITY -approved
IMPROVEMENT PLANS.
14. Inspect or cause to be inspected construction of PROJECT.
15. Require its construction contractor(s) to comply with all Cal., -'OSHA safety regulations
including regulations concerning confined space and maintain a safe working environment for
all DISTRICT and CITY employees on the site.
16. Require its construction contractor(s) to include CITY as an additional insured under
the liability insurance coverage for PROJECT, and also require its construction contractor(s) to
include CITY as a third -party beneficiary of any and all warranties of the contractor's work with
regard to CITY FACILITIES.
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17. Within two (2) weeks of completing PROJECT construction, provide CITY with
written notice that PROJECT construction is substantially complete and request that CITY
conduct a final inspection of CITY FACILITIES and LATERAL APPURTENANCES.
18. Upon DISTRICT's acceptance of PROJECT construction as complete, provide CITY
with a copy of DISTRICT's Notice of Completion.
19. Upon DISTRICT's acceptance of PROJECT construction as complete, provide CITY
with a duplicate copy of "record drawings" of IMPROVEMENT PLANS.
20. Upon DISTRICT's acceptance of PROJECT construction as complete, assume
ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES,
at which time CITY then accept ownership and responsibility for operation and maintenance of
CITY FACILITIES.
21. Keep an accurate accounting of all STREET PAVING construction costs and include
this final accounting when invoicing CITY for CITY CONTRIBUTION. The final accounting
of construction costs shall include a detailed breakdown of the actual quantities of materials
removed and installed at the contract unit price, CITY -approved change orders and other such
construction contract documents as may be necessary, to establish the actual cost of construction.
22. Invoice CITY (Attention: Marcus Fuller) for CITY CONTRIBUTION at the time of
providing a copy of DISTRICT's Notice of Completion pursuant to Section I.18.).
23. Ensure that all work performed pursuant to this Agreement by DISTRICT, its agents
or contractors is done in accordance with all applicable laws and regulations, including but not
limited to all applicable provisions of the Labor Code, Business and Professions Code, and Water
Code. DISTRICT shall be solely responsible for all costs associated with compliance with
applicable laws and regulations.
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SECTION II - CITY Responsibilities
CITY shall:
I. Act as a Responsible Agency under CEQA, taking all necessary and appropriate
action to comply with CEQA.
2. Review, comment and approve, as appropriate and at its sole cost, IMPROVEMENT
! PLANS prior to DISTRICT's advertising PROJECT for construction bids.
3. Grant DISTRICT, by execution of this Agreement, all rights necessary to construct,
inspect, operate and maintain PROJECT within CITY rights of way or easements.
4. Issue, at no cost to DISTRICT or DISTRICT's contractor, the necessary encroachment
permit(s) required to construct PROJECT.
5. In coordination with DISTRICT's utility coordinator, order the relocation of all
utilities installed by permit or franchise within CITY rights of way that conflict with the
construction of PROJECT and which must be relocated at the utility company's expense.
6. Order the relocation of all CITY owned sewer lines within CITY rights of way which:
(i) were not identified prior to the start of PROJECT construction, (ii) conflict with the
construction of PROJECT and (iii) must be relocated at CITY's expense.
7. Inspect construction of CITY FACILITIES and LATERAL APPURTENANCES for
quality control purposes at its sole cost, but provide any comments to DISTRICT personnel who
shall be solely responsible for all quality control communications with DISTRICT's contractor(s)
during the construction of PROJECT.
S. Upon receipt of DISTRICT's written notice that PROJECT construction is
substantially complete as set forth in Section I.17, conduct a final inspection of CITY
FACILITIES and LATERAL APPURTENANCES.
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9. Accept ownership and sole responsibility for the operation and maintenance of CITY
FACILITIES upon (i) receipt of DISTRICT's Notice of Completion as set forth in Section I.18;
and (ii) receipt of duplicate copy of"record drawings" of IMPROVEMENT PLANS as set forth
in Section I.19.
10. Pay DISTRICT, within thirty (30) days after receipt of DISTRICT'S appropriate
invoice, for CITY CONTRIBUTION as set forth in Section 1.22.
11. Upon DISTRICT acceptance of PROJECT construction as being complete, accept
sole responsibility for the adjustment of all PROJECT manhole rings and covers located within
CITY rights of way and jurisdiction which must be performed at such time(s) that the finished
grade along and above the underground portions of PROJECT are improved, repaired, replaced
or changed. It being further understood and agreed that any such adjustments shall be performed
at no cost to DISTRICT.
SECTION III CJB Mitigation
I . "CITY MITIGATION LAND" means CITY -owned land located within suitable CJB
habitat that is committed by CITY as the necessary CJB compensatory mitigation land for the
operation, repair and maintenance of EXISTING PS FACILITIES. CITY MITIGATION LAND
shall be (i) proposed to the applicable regulatory agencies at the appropriate time as sufficient to
mitigate impacts to CJB habitat caused by the operation, repair, and maintenance of EXISTING
PS FACILITIES and (ii) derived from CITY -owned parcels identified in orange in Exhibit "D"
attached hereto and made a part hereof.
2. DISTRICT shall:
a. Fund and comply with the mitigation requirements of PROJECT at its sole cost
and expense, including the obligation of DISTRICT MITIGATION PARCELS
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as compensatory mitigation for impacted CJB habitat as set forth in Recital N
above.
b. Coordinate with CITY prior to proposing any specific CITY -owned parcels to
regulatory agencies as CJB compensatory mitigation land for the operation,
repair and maintenance of EXISTING PS FACILITIES and ensure that
DISTRICT's mitigation requirements will not conflict with existing CITY
maintenance obligations.
C. Fund and comply with mitigation requirements of applicable regulatory
agencies after CITY has conveyed a conservation easement, or equivalent as
required by the applicable regulatory agencies, over CITY MITIGATION
LAND, or portions thereof, and shall incur no liability or cost thereafter with
respect to existing CITY maintenance obligations of CITY MITIGATION
LAND.
3. CITY shall:
a. Coordinate with DISTRICT to confirm and reserve approximately 40-acres of
specific existing CITY -owned parcels, or portions thereof, as CITY
MITIGATION LAND.
b. Take appropriate steps to reserve CITY MITIGATION LAND to ensure the
identified parcels, or applicable portions thereof, remains unencumbered and
available to provide for mitigation for the operation, repair, and maintenance of
l al►N F-1 I Rleilus VIM411 llr 1103
C. At no cost to DISTRICT, convey a conservation easement, or equivalent as
required by the applicable regulatory agencies, over CITY MITIGATION
LAND or portions thereof, to satisfy the mitigation of impacts to CJB habitat
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from the operation, repair, and maintenance of EXISTING PS FACILITIES,
and shall incur no further liability or cost thereafter with respect to mitigation
requirements of CITY MITIGATION LAND, or portions thereof, except for the
existing CITY maintenance obligations.
4. It is further mutually understood that should the mitigation requirements for the
operation, repair, and maintenance of EXISTING PS FACILITIES exceed 40 acres, CITY and
DISTRICT will collaborate to seek acquisition of additional suitable lands.
SECTION IV PROJECT Limits Within AIlotment No. 118E
CHEROKEE LATERAL and LATERAL APPURTENANCES are located within
Allotment No. 1 I8E within the boundary of the Agua Caliente Indian Reservation.
2. The United States of America, acting by and through the Bureau of Indian Affairs,
Department of the Interior, Palm Springs Agency ("BIA"), for, and on behalf of, and
with the consent of the underlying landowners ("LANDOWNERS"), has granted
DISTRICT a non-exclusive right-of-way easement in connection with PROJECT
through a Grant of Right -of -Way dated June 17, 2020 ("GRANT OF ROW")
GRANT OF ROW is attached hereto as Exhibit "E" and made a part hereof.
3. Upon DISTRICT's acceptance of PROJECT construction as complete, DISTRICT
shall:
a. Assume ownership and sole responsibility for the operation and maintenance of
CHEROKEE LATERAL, subject to the terms and conditions of GRANT OF
ROW.
b. Assume ownership of LATERAL APPURTENANCES, subject to the terms
and conditions of GRANT OF ROW.
4. CITY shall:
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a. Accept sole responsibility for the operation and maintenance of LATERAL
APPURTENANCES, subject to the terms and conditions of GRANT OF ROW
and, if applicable, the consent of BIA and LANDOWNERS, upon (i) receipt of
DISTRICT's Notice of Completion as set forth in Section I.18; and (ii) receipt
of a duplicate copy of "record drawings" of IMPROVEMENT PLANS.
b. Notify DISTRICT at least thirty (30) days prior to any ground disturbing
maintenance activities.
SECTION V Mutual Provisions
It is further mutually agreed:
1. Except as otherwise provided herein, all construction work involved with PROJECT
shall be inspected by DISTRICT, and shall not be deemed complete until approved and accepted
as complete by DISTRICT.
2. Except as otherwise provided herein, DISTRICT shall not be responsible for any
additional street repairs or improvements not shown in IMPROVEMENT PLANS not as a result
of PROJECT construction.
3. In the event CITY desires to include any additional work as part of PROJECT, CITY
shall submit a written request to DISTRICT describing the additional work desired and agrees to
pay DISTRICT for any agreed upon work requested. Payment for CITY -requested additional
work shall be based upon actual quantities of materials installed at the contract unit prices bid or
at the negotiated change order prices.
4. DISTRICT and CITY each pledge to cooperate in regard to the operation and
maintenance of their respective facilities as set forth herein, and to discharge their respective
maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance
condition or undue maintenance impact upon the others' facilities.
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5. DISTRICT shall indemnify, defend, save and hold harmless CITY (including its
officers, elected and appointed officials, employees, agents, representatives, independent
contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present
or future, based upon, arising out of or in any way relating to DISTRICT's (including its officers,
Board of Supervisors, elected and appointed officials, employees, agents, representatives,
independent contractors and subcontractors) actual or alleged acts or omissions related to this
Agreement, performance under this Agreement, or failure to comply with the requirements of
this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c)
payment of reasonable attorney's fees; or (d) any other element of any kind or nature whatsoever.
5. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of
Riverside (including its agencies, districts, special districts and departments, their respective
directors, officers, Board of Supervisors, elected and appointed officials, employees, agents,
representatives, independent contractors, and subcontractors) from any liabilities, claim, damage,
proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's
(including its officers, elected and appointed officials, employees, agents, representatives,
independent contractors, and subcontractors) actual or alleged acts or omissions related to this
Agreement, performance under this Agreement, or failure to comply with the requirements of
this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c)
payment of reasonable attorney's fees; or (d) any other element of any kind or nature whatsoever.
7. Any waiver by DISTRICT or by CITY of any breach of 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
same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact,
full and complete compliance with any terms of this Agreement shall not be construed as in any
manner changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof.
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8. This Agreement is to be construed in accordance with the laws of the State of
California.
9. Any and all notices sent or required to be sent to the Parties of this Agreement will be
mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Design and Construction Division
To CITY:
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
c: City Engineer
10. If any provision in this Agreement 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.
11. DISTRICT and CITY shall not assign this Agreement without the written consent of
the other party.
12. Any action at law or in equity brought by any of the Parties hereto for the purpose of
enforcing a right or rights provided for by the Agreement shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all
provisions of law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the Parties hereto, and the advice
and assistance of their respective counsel. The fact that this Agreement was prepared as a matter
of convenience by DISTRICT shall have no import or significance. Any uncertainty or
ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its final form.
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14. This Agreement is made and entered into for the sole protection and benefit of the
Parties hereto. No other person or entity shall have any right or action based upon the provisions
of this Agreement.
15. This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral and written, in connection therewith. This Agreement may
be changed or modified only upon the written consent of the Parties hereto.
16. This Agreement may be executed in any number of counterparts, each of which will
be an original, but all of which together will constitute one instrument. Each Party of this
Agreement agrees to the use of electronic signatures, such as digital signatures that meet the
requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code
§§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic
signatures of the Parties included in this Agreement are intended to authenticate this writing and
to have the same force and effect as manual signatures. EIectronic signature means an electronic
sound, symbol, or process attached to or logically associated with an electronic record and
executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA
as amended from time to time. CUETA authorizes use of an electronic signature for transactions
and contracts among parties in California, including a government agency. Digital signature
means an electronic identifier, created by computer, intended by the Party using it to have the
same force and effect as the use of a manual signature, and shall be reasonably relied upon by
the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as
defined in subdivision (i) of Section 1633.2 of the Civil Code.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
1;�; IV? J , A - . .. .
(to be filled in by UIerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
By By QJL�t� Is. �2 - e�� — —
JASON E. UHLEY KAREN SPIEGEL, Chavirwomaq
General Manager -Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
GREGORY P. PRIAMOS
County Counsel
KECIA HARPER
Clerk of the Board
By rr���,.k By/Rlpa'w
iynthia M. Gunzel D puty
;hiefDeputy County Counsel
(SEAL)
Cooperative Agreement with City of Palm Springs
Palm Springs MDP - Line 41, Stage 3
Project No. 6-0-00160-03
11 / 17/2020
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55575.18120133345985.1 - 17 -
CITY OF PALM SPRINGS
B
DAVID H. READY
City Manager
APPROVED AS TO FORM: ATTEST -
By .CL ffJ4 1_2 By�
JFYf'REY19ALUER A ONY J. M.
City Attorney City Clerk
(SEAL)
Cooperative Agreement with City of Palm Springs
Palm Springs MDP - Line 41, Stage 3
Project No. 6-0-00160-03
11/17/2020
RKM:blm
55575.18120'33345985 1 _ 18 _
234036
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Exhibit E
Grant of Right -of -Way
[see attached behind this page]
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage 3
Project No. 6-0-00160-03
Page l of 15
Recording Requested By:
When Recorded, Mail To:
4rU4 C411ENIE
L�aO
RECEIVED
2620 JUN 24 PM 4% 33
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PALM SPRINGS AGENCY
Allotment No. 118E
SECTION 30, T4S, R5E
R/W FILE No. 379-087
GRANT OF RIGHT-OF-WAY
The United States of America, acting by and through the Bureau of Indian Affairs, Department of
the Interior, Palm Springs Agency, P.O. Box 2245, Palm Springs, California 92263 ("BIA" or Cr
"GRANTOR"), for, and on behalf of, and with the consent of Sara A Rice, Steven A Rice Katrina OD
E Rice & Jessika V Rice-Isidoro ("LANDOWNERS"), members or affiliated with the AGUA
CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian Tribe ("TRIBE"),
consistent with and under authority contained and under the Act of February 5, 1948 (62 Stat. 17; N
25 USC §§ 323-328); and Part 169, Title 25, Code of Federal Regulations, which by reference are o
made a part hereof, does hereby grant to: RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT (RCFC) ("GRANTEE"), a body politic, its successors W
and assigns, located at 1995 Market Street, Riverside, California 92501 the following right-of-
way, as that term is defined in 25 CFR 169.2. N
I. GRANT.
GRANTOR does hereby grant to GRANTEE, a non-exclusive right-of-way easement in
connection with a public works project generally known as the Palm Springs MDP 41 Stage 3
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COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage 3
Project No. 6-0-0016D-03
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("Proiect") in, on, over, upon, across, under, and through that certain portion of GRANTOR's
real property situated within the Agua Caliente Indian Reservation including the right of
ingress and egress for the specific purpose of Construction, Operation and Maintenance of
Flood Control and Drainage Facilities.
This right-of-way easement is limited to the lands more particularly described in Exhibit A
and depicted in Exhibit B, which are attached hereto and incorporated herein by this
reference (the "Easement Area"), and is subject to all existing licenses, easements, leases,
encumbrances, and claims of title affecting the Easement Area that pre-exist this Grant.
NON -PERMITTED USES OR RESTRICTIONS:
a. Installation of any other public improvements, utilities, services or "piggy -backing"
usage is not permitted, without a separate approved grant of right-of-way (25 CFR
169.127).
2. TERM.
a. The term of this Grant shall commence on the date BIA approves this Grant
("Effective Date") and expire .Tune 20, 2044 as per the term of Lease PSL-93.
("Initial Term"), subject to earlier termination or cancellation as set forth herein.
b. Notwithstanding the foregoing, LANDOWNER may terminate this Grant as a
negotiated remedy identified in Section 15 (25 CFR 169.403) upon the occurrence of
any one of the following events (collectively, the "Termination Events" and
singularly a "Termination Event"):
i. GRANTEE's failure to comply with any term or condition of this Grant, or any
applicable governing laws and/or regulations as set forth in Section 19 below,
and GRANTEE's failure to cure the violation within thirty (30) calendar days
of the date of written notice of said violation.
ii. GRANTEE's abandonment or non-use of the Easement Area for any
consecutive two-year period (for the purpose for which it was granted). See
Item 10 on Page 8, regarding GRANTEE's proposed initial construction
schedule that falls outside this time period.
iii. GRANTEE's failure, upon completion of new construction, to file with the
Grantor an Affidavit of Completion pursuant to 25 CFR 169.16.
c. Alternatively, BIA may cancel this Grant if it deems it inappropriate to defer to the
negotiated remedy set forth herein if BIA provides GRANTEE written notice of a
violation of the conditions of the grant (25 CFR 169.404) and GRANTEE fails to cure
the violation within ten (10) business days of receipt of said notice (i.e., for non -
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COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 3 of 15
payment violations) or fails to provide proof of payment (i.e., for payment violations)
(25 CFR 169.405).
3. MITIGATION MEASURES (25 CFR 169.123). GRANTEE agrees to comply with any
applicable mitigation measures or conditions described to protect environmental, biological,
and cultural resources within the Easement Area as defined in the environmental compliance
documentation.
4. RESERVATION OF JURISDICTION (25 CFR 169.10, 169.125). Even though
LANDOWNER has provided the requisite consent for this Grant, BIA approval is conditioned
on the understanding that the right-of-way easement contemplated herein is a non -possessory
interest in land, and title does not pass to GRANTEE.
5. LAWS (25 CFR 169.9). GRANTEE shall comply with all applicable federal and Tribal laws
and/or regulations.
6. REGULATORY PROVISIONS (25 CFR 169.125).
a. BIA and LANDOWNER has the right to reasonable access to the Easement Area to
determine GRANTEE's compliance with conditions of this Grant or to protect public
health and safety;
b. GRANTEE has no right to any of the products or resources of the Easement Area,
including but not limited to, timber, forage, mineral, and animal resources, unless
otherwise provided for in this Grant;
c. BIA may treat any provision of this Grant that violates applicable federal and Tribal
laws and/or regulations as a violation of this Grant;
d. If historic properties, archeological resources, human remains, or other cultural items
not previously reported are encountered during the course of any activity associated
with this Grant, all activity in the immediate vicinity of the properties, resources,
remains, or items will cease and the GRANTEE shall contact BIA and TRIBE to
determine how to proceed and appropriate mitigating measures or disposition.
e. GRANTEE shall:
i. Construct and maintain the Permanent Improvements (defined above) within
the Easement Area in a professional manner consistent with industry standards;
ii. Pay promptly all damages and compensation determined by BIA to be due to
LANDOWNER and authorized users and occupants of the Easement Area as a
result of the grading, construction, and maintenance of the Easement Area;
Page 3 of 10
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 4 of 15
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iii. Perform grading, construction, and maintenance of the Easement Area in a
manner that does not damage LANDOWNER's property;
iv. Restore the Easement Area as nearly as may be possible to its original
condition, upon the completion of construction, to the extent compatible with
the purpose for which the right-of-way was granted, or reclaim the Easement
Area if agreed to by LANDOWNER;
V. Clear and keep clear the Easement Area, to the extent compatible with the
purposes of this Grant, and dispose of all vegetative and other material cut,
uprooted, or otherwise accumulated during the construction and maintenance
of the project;
vi. Comply with all applicable Federal and Tribal laws and/or regulations and
obtain all required permits;
vii. Not commit waste;
viii. Operate, repair, and maintain the Permanent Improvements consistent with this
Grant;
ix. Except as provided in Section 9 below, restore the Easement Area to its original
condition, to the maximum extent reasonably possible, upon cancellation or
termination of this Grant; or reclaim the Easement Area if agreed to by
LANDOWNER;
X. At all times keep BIA informed of the GRANTEE's address;
xi. Refrain from interfering with the LANDOWNER's use of the Easement Area, L"
provided that LANDOWNER's use of the Easement Area is not inconsistent co
with this Grant; 44W.
xii. Notify BIA and LANDOWNER if GRANTEE files for bankruptcy or is placed N
in receivership.
xiii. Agrees to take soil and resources conservation and protection measures, W
including weed control, on the land covered by the right-of-way. —<
xiv. Shall to do everything reasonably within its power to prevent and suppress fires N
on or near the lands to be occupied under the right-of-way.
xv. Shall build and repair such roads, fences and trails as may be destroyed or
injured by construction work and to build and maintain necessary and suitable
crossings for all roads and trails that intersect the works constructed,
maintained, or operated under the right of way.
Page 4 of 10
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 5 of 15
This easement is subject to any prior valid existing right or adverse claim, so long as said
easement shall be actually used for the purpose above specified; and PROVIDED, that this
right-of-way may be terminable in whole or in part by the Grantor for any of the following
causes (25 CFR 169.401);
a. Any abandonment, for a nonuse of the right-of-way for a consecutive 2-year period
for the purpose for which it was granted. However, this stipulation does not apply
to the time period pertaining to the GRANTEE's proposed initial construction schedule. See
Item 10 on Page 8.
b. Violation of the right-of-way grant or right-of-way document, including but not
limited to encroachments beyond the defined boundaries,
c. Accidental, willful, and/or incidental trespass,
d. Unauthorized new construction,
e. Changes in use not permitted in the grant,
f. Late or insufficient payment may result in enforcement actions including, but not
limited to, cancellation of the grant.
A cancellation involving a right-of-way grant will not be effective until 31 days after the
Grantee receives a cancellation letter from the BIA, or 41 days from the date the letter was
mailed letter, whichever is earlier (25 CFR 169.409);
Or the BIA may cancel this Grant if it deems it inappropriate to defer to any negotiated remedy
set forth herein, if BIA provides GRANTEE written notice of a violation of the conditions of
the grant (25 CFR 169.404) and GRANTEE fails to cure the violation within ten (10) business
days of receipt of said notice (i.e., for other than payment violations) or fails to provide proof
of payment (i.e., for payment violations) (25 CFR 169.405). The notice of violation (for other
than payment) may order the Grantee to cease operations under the right-of-way grant.
7. INDEMNIFICATION, HOLD HARMLESS (25 CFR 169.125). To the fullest extent
permitted by law, GRANTEE shall indemnify and hold harmless the United States,
LANDOWNER, TRIBE and their respective officials, directors, officers, employees, and
agents from and against all liabilities regardless of nature, type, or cause, arising out of or
resulting from or in connection with GRANTEE's use or occupation of the Easement Area
described and/or depicted herein and GRANTEE's use, handling, treatment, removal, storage,
transportation, or disposal of hazardous materials, or release or discharge of any hazardous
material from the Easement Area that occurs during the term of this Grant. Liabilities subject
to the duties to indemnify and hold harmless include, without limitation, all claims, losses,
damages, penalties, fines, and judgments; associated investigation and administrative
expenses; defense costs, including but not limited to reasonable attorney's fees; court costs;
and costs of alternative dispute resolution.
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COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41. Stage
Project No. 6-0-00160-03
Page 6 of 15
GRANTEE agrees to indemnify the LANDOWNER and authorized user and occupants against
any liability of loss of life, personal injury and property damage arising from the construction,
maintenance, occupancy or use of the lands by the applicant, his employees, contractors and
their employees, or subcontractors and their employees.
S. ENCROACHMENT (25 CFR 169.128). GRANTEE may not unreasonably withhold its
consent for a new right-of-way within the Easement Area that does not interfere with the use
or purpose of its right-of-way easement.
9. PERMANENT IMPROVEMENTS (25 CFR 169.130).
a. GRANTEE shall be the owner of any permanent improvements GRANTEE installs,
places, or constructs in, on, over, under, upon, above, along, and across the Easement
Area during the Term, and said permanent improvements, appurtenances fixtures and
equipment placed (the "Permanent Improvements") shall remain in, on, over, under,
above, along, and across the Easement Area during the Term. Notwithstanding Section
6(e)(ix), upon the expiration or earlier termination/cancellation of this Grant, all
Permanent Improvements shall become the sole property of LANDOWNER (subject
to subpart "c" below).
b. If, prior to the expiration or termination/cancellation of this Grant, GRANTEE decides
to remove the Permanent Improvements, GRANTEE shall restore the Easement Area
to as closely as reasonably possible to its condition prior to construction of the
Permanent Improvements. The time frame for the removal of the Permanent
Improvements must be mutually agreed upon by the BIA, LANDOWNER AND
GRANTEE, but shall not exceed one (1) year after the expiration of this Grant.
GRANTEE shall provide LANDOWNER and BIA notice of any removal within one
(1) month of removal. The Permanent Improvements shall remain the property of
GRANTEE upon their removal from the Easement Area.
If the Permanent improvements are not removed within the time frame specified herein,
LANDOWNER may take possession of and title to the Permanent Improvements
resulting in the Permanent Improvements becoming the property of LANDOWNER.
c. Not less than two (2) years prior to the expiration of this Grant GRANTEE shall provide
LANDOWNER and BIA written notice of GRANTEE's intention to take the
Permanent Improvements out of service and abandon in place, and the Permanent
Improvements are in a condition satisfactory to LANDOWNER, the Permanent
Improvements shall become the property of LANDOWNER, upon LANDOWNER's
formal written acceptance.
If the Permanent Improvements are not in a condition satisfactory to LANDOWNER
the GRANTEE, at GRANTEE's expense, shall retain the services of a qualified
Page 6 of 10
COOPERATIVE AGREEMENT
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Project No. 6-0-00160-03
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engineer/contractor approved by LANDOWNER to inspect the Permanent
Improvements subject to this Grant. As part of the services, the qualified
engineer/contractor shall prepare a report that evaluates the following with respect to
the Permanent Improvements:
(i) the compliance with existing regulatory requirements;
(ii) the adequacy of current maintenance, rehabilitation, and replacement plans
as they relate to the Permanent Improvements;
(iii) the location of any defect that may cause deficiencies in the Permanent
Improvements; and
(iv) any other issue that LANDOWNER and GRANTEE wish to include in the
engineer/contractor's report (the "Material Deficiency Report"). Upon
completion of the Material Deficiency Report, GRANTEE shall provide
LANDOWNER and BIA a copy of the Report and meet and confer with
LANDOWNER and BIA to discuss any material deficiencies identified
therein.
For purposes of this Grant, a "material deficiency" means a specific issue with the
Permanent Improvements that:
(i) is reasonably likely to result in damage to or impair the use of adjacent
property, buildings, or structures;
(ii) is reasonably likely to impair GRANTEE's ability to use the Permanent
Improvements for its intended purpose; or
(iii) poses an unreasonable risk to the health and safety of individuals.
If there is a material deficiency identified in the Material Deficiency Report and
GRANTEE fails or is unable to correct the material deficiency, within six (b) months
of the date of written notice from LANDOWNER, GRANTEE shall remove the
Permanent Improvements at GRANTEE's expense, and restore the Easement Area to (A
as closely as reasonably possible to its condition prior to construction of the Permanent OD
Improvements. The Permanent Improvements shall remain the property of the 4%-
GRANTEE upon their removal from the Easement Area.
N
If the materially deficient Permanent Improvements are not removed within the time
frame specified herein, LANDOWNER may either take possession of and title to the -�
Permanent Improvements resulting in the Permanent Improvements becoming the W
property of LANDOWNER or, have the Permanent Improvements removed and —<
GRANTEE shall reimburse the LANDOWNER for the cost of the removal and N
restoration of the Easement Area, to its condition prior to the construction of the 0
Permanent Improvements.
d. If the GRANTEE desires anew Grant of Right -Of Way at the termination of this Grant,
within one (1) year of the effective date of expiration or termination, GRANTEE shall
provide LANDOWNER and BIA written notice of GRANTEE's intention to renew or
Page 7 of 10
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 8 of 15
apply for a new Grant, subject to all conditions in force and compensation relative to
the subsequent easement.
During the new Grant of Right -Of -Way application process, LANDOWNER and
GRANTEE may enter into a temporary operation and maintenance agreement (the
"Operations Agreement") prior to the approval of the new Grant that, among other
things:
(i) requires that GRANTEE provide certain operation and maintenance
services identified in the Operations Agreement related to the Permanent
Improvements (the "Services") in accordance with applicable federal,
State, and Tribal laws;
(ii) establishes a definite, term for GRANTEE's access to the easement area;
(iii) provides reasonable compensation for GRANTEE's use and access of the
easement area;
(iv) grants GRANTEE a temporary revocable license to enter into the location
of the Permanent Improvements to provide easement maintenance services
and to ensure the continuity of the flood control function and becomes
effective no sooner than the expiration of this Grant;
(v) Nothing set forth herein shall obligate GRANTOR, GRANTEE, or
LANDOWNER to enter into the Operations Agreement or be construed to
grant GRANTEE an ownership interest in the Permanent Improvements
upon the expiration of this Grant.
10. DUE DILIGENCE (25 CFR 169.105. If Permanent Improvements are to be constructed,
GRANTEE anticipates that during years one (1) and two (2) the preparatory planning and
permits will commence, but that the construction of said Improvements is expected to
commence no later than year three (3) from the Effective Date. If construction of the
Permanent Improvements does not occur, or is not expected to be completed within the time
period specified herein, GRANTEE shall provide LANDOWNER and BIA with an 0
explanation of good cause as to the nature of any delay, the anticipated date of construction of
the Permanent Improvements, and evidence of progress toward completion of construction.
Failure of GRANTEE to comply with this due diligence requirement is a violation of this Grant N
and may lead to cancellation of this Grant pursuant to 25 CFR 169.405 and 169.408. 0
11. AMENDMENT. This Grant may not be amended except as provided in 25 CFR 169.204 - W
169.206.
12. ASSIGNMENT (25 CFR 169.207). This Grant may not be assigned without the consent of N
the LANDOWNER and BIA approval.
13. MORTGAGE (25 CFR 169.210). This Grant may not be mortgaged without the consent of
the LANDOWNER and BIA approval.
Page 8 of 10
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 9 of 15
14. EFFECTIVE DATE (25 CFR 169.301). This Grant will be effective on the date it is approved
by the BIA.
15. NEGOTIATED REMEDY (25 CFR 169.403). As a negotiated remedy, LANDOWNER
shall have the right to terminate this Grant during the Term for any Termination Event as set
forth in Section 2 above, and in accordance with 25 CFR 169.403.
16. BINDING EFFECT. The condition for this Grant shall extend to and be binding upon and
shall inure to the benefit of the successors of the GRANTEE.
17. SURVIVAL. Notwithstanding anything contained in this Grant to the contrary or the
expiration or earlier termination/cancellation of this Grant, any and all rights and obligations
of LANDOWNER, GRANTOR, or GRANTEE set forth in Section 7 and Section 9, or any
and all rights and obligations of LANDOWNER, GRANTOR, or GRANTEE which expressly
or by implication survive the expiration or earlier termination/cancellation of this Grant, shall
survive the expiration or earlier termination/cancellation of this Grant.
18. GOVERNING LAW. Unless otherwise stated herein, this Grant shall be governed
exclusively by the provisions hereof and by the laws of the United States, and if there is no
applicable federal law, then by the applicable laws of the Agua Caliente Band of Cahuilla
Indians.
19. ADDITIONAL CONDITIONS OR RESTRICTIONS. This Grant incorporates by
reference the conditions or restrictions set out in the GRANTOR's consents, attached hereto.
Page 9 of 10
COOPERATIVE AGREEMENT
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Project No. 6-0-00160-03
Page 10 of 15
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IN WITNESS WHEREOF, GRANTOR has executed this Grant of easement this q/ /J lh day of
June. 2020.
UNITED S PATES OF AMERICA
The Secretary of the Interior
ae-� &J
011ie Beyal. SuP n ndent
Pursuant to the authority delegated by
209 DM 8, 230 DM 1, and 3 IAM 4 and
Sacramento Re -delegation Order No. 1
(43 F.R. 30131, dated July 13, 1978)
U.S. Department of the Interior
Bureau of Indian Affairs
Palm Springs Agency
P.O. Box 2245
Palm Springs, CA 92263
Page 10 of 10
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
Page 11 of 15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of I
Calif rnia
County of " '
On r vav before me,�DeOn� a 6d vla r f tA-�4t iC ,
if Date Here Insert me and Title of th4Abfficer
personally appeared
Qthle
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person'whose name subscribed
to the within instrument and acknowledged to me that Wshe/tW executed the same in hWher/their
authorized capacityoeS], and that by 1: FWherlt#eR signature,(s)'on the instrument the personr the entity
upon behalf of which the person(FJ"'acted, executed the instrument.
_,s DEBAA. AMYFIELD
�ICalifornia
y "Is
Alversi Public
COMIS M R 2112421
my CWM. Expirearc 10, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature *)'6yv,
Signature of Notaryblic
OPTIONAL
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Docu t
Title or Type of Document- . t) VV j i
Document Date:
Signer(s) Other Than Named Above:
Capacityiies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer Is Representing:
02017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s),
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
COOPERATIVE AGREEMENT
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
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RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
PALM SPRINGS LINE 41
Parcel No. 6160-19
In the City of Palm Springs, County of Riverside, State of California, being that portion of the
south half of the northeast quarter of the southwest quarter of Section 30, Township 4 South, Range
5 East, San Bernardino Meridian, described as follows;
Beginning at the northeast corner of said south half-,
Thence South 00°10'24" West 37.46 feet along the easterly line of said south half to a non -tangent
curve concave southeasterly having a radius of 12.00 feet, a radial line to said curve bears North
02°34'46" West;
Thence westerly, southwesterly, and southerly along said curve 15.34 feet through a central angle
of 73' 15'37' ;
Thence South 13°5222" West 18.09 feet to a non -tangent curve concave northwesterly having a
radius of 325.00 feet, a radial line to said curve bears South 72°43'35" East;
Thence southerly and southwesterly along said curve 87.99 feet through a central angle of
15°30'46";
V't
Thence South 5791'32" East 4.72 feet; 00
Thence South 38°52'27" West 123.74 feet;
N
Thence North 45*55' 12" West 43.39 feet; 0
Thence North 39016'58" East 95.79 feet to a non -tangent curve concave westerly having a radius C.4
of 235.00 feet, a radial line to said curve bears South 51 °24'35" East; _<
N
Thence northeasterly and northerly along said curve 150.01 feet through a central angle of C
36034'27" to the northerly line of said south half;
Thence South 89143'50" East 45.68 feet along said northerly line to the Point of Beginning.
Containing 10,987 square feet 0.252 acres more or less.
COOPERATIVE AGREEMENT
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Project No. 6-0-00160-03
Page 13 of 15
RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
The distances shown herein are in grid. Ground distances may be obtained by dividing grid
distance by the combination factor of 0.99997411.
See Exhibit "B" attached hereto and made a part hereof.
/O 4AND SG�
A
NO 7752 r
, AEXP 12-31-191.
-,MES R. MCNEILL
Land Surveyor No. 7752
Date:
COOPERATIVE AGREEMENT Page 2 of 2
Palm Springs MDP - Line 41, Stage
Project No. 6-0-00160-03
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EXHIBIT "Ba
LANE j
L6
L7
L8
L9
00
L11
L12
CURVE %'
C1
C2
C3
LINE TABLE
DIREC7109N
LENGTH
S0070'24 "W
57. 46'
S1352'22 "W
18.09'
S57'31'320E
4.72'
53852'276W
123 74'
N4555'120W
43 39'
N3976'58"E
95 79'
S89 43'50IF
45. 68'
CURVE TABLE
DEL TA
RAD/US
d a7375'37"
12.00'
da1530'460
32aoo'
d =36 34'27'
=00'
44'
LENGTH
Iq
15 34'
87.99' (n
150.01 ' }�
NE GOR S1/Z NE7/41,
SWI14; SAC 30 T.4►S R.-SE
L 1s
— MARTNE1QiY Lp11E SIA — — S6759'03'E (RAD)--
C*j
N
GRAPHIC SCALE
0' too'
1 INCH a IW FEET
- P.O.B.
---- ¢ MATMV DR
L6
-,NO2'34'46'W (RAD)
4V75 50'23"W (RAD)
572'43'35 "E (RAD)
et•
V
S5124.35"E (RAD jy2-4q-E (RAD)
6�
S112 SE114 SW I14 L11 L8 i
r 4.5 R.5.E" SEC. 30 I 1g1
60-1 L9 4�
L r0 EASIERLY LINE 57/2
RIVERSIDE COUNTY FLOOD CONTROL AND WA TER CONSERVATION DISTRICT
1995 MARKET STREET, RIVERSIDE, CA. 92501
PR*" r NAw- PALM LANE 41 SCALE 1 -100' D UNN Br SB
RQc NW PAgM lsk 8160-19 WE 91912019 1
04"K NY DC
fiffIC-SW PR&EICT IINAIBM SETT Na
Palm d0p0@q0WW Line 41, Stage 1 OF 1
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