2012/05/17 Pacific Mobile Structures, Inc. Landscape improvements PP2009-171 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This Agreement, made and entered into by and between the City of Menifee, State of California,
hereinafter called City, and Pacific Mobile Structures, Inc., hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a minor plot plan for landscape
approval and installation on that certain land division known as "Pacific Mobile Structures" Plot
Plan No. 2009-171 and Plot Plan No. 2011-106, agrees, at Landowner's own cost and expense,
to furnish all labor, equipment, and material necessary to perform and complete and maintain
for a period of 12 months after building permit final or as otherwise required by the Community
Development Director in a good and workmanlike manner, all those landscape and irrigation
improvements in accordance with those landscape and irrigation plans for the development of
said land division which have been approved by the Community Development Director, and are
on file in the Office of the City of Menifee Planning Department, and to do all work incidental
thereto in accordance with the standards set forth in Ordinance No. 348 and Menifee Municipal
Code Section — refer to drought tolerant landscape ordinance which replaced 859) ordinance,
as amended, which are expressly made a part of this agreement. All of the above required work
shall be done under the inspection of and to the satisfaction of the Community Development
Director and shall not be deemed complete until approval of the final planting inspection is made
by the Community Development Director. The estimated cost of said work is the sum of
$ 161,443.00 Dollars
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the work
as may be required by the Community Development Director. Landowner and City further agree
that if suit is brought upon this agreement or any security guaranteeing the completion of the
work, all reasonable costs and expenses and fees incurred in successfully enforcing such
obligations shall be paid by the non prevailing party, including reasonable attorney's fees.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any
accident, loss or damage happening or occurring to the works specified in this agreement prior
to the completion and approval hereof, nor shall City or any officer or employee thereof be liable
for any persons or property injured by reason of the acts or omissions of Landowner, his agents
or employees in the performance of the work, and all of said liabilities are assumed by
Landowner. Landowner shall; defend and hold harmless City and the officers and employees
thereof from all loss, liability or claim because of, or arising out of the acts or omissions of
Landowner, his agents and employees, in the performance of this agreement, or arising out of
the use of any patent or patented article in the performance of this agreement..
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City,
the irrevocable permission to enter upon the lands of the above referenced land division for the
purpose of inspecting improvements or determining compliance with this agreement. This
permission shall terminate in the event that Landowner has completed the work within the time
specified or any extension thereof granted by the Community Development Director.
FIFTH: Landowner agrees at all times, up to the completion and approval of the work by the
Community Development Director, to give good and adequate warning to the traveling public of
each and every dangerous condition caused by the landscaping and irrigation project, and to
protect the traveling public from such defective or dangerous conditions.
SIXTH: The Landowner, or his agents and employees shall give notice to the Community
Development Director at least 48 hours before beginning any work and shall furnish said
Community Development Director all reasonable facilities for obtaining full information
respecting the progress and manner of work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to
prosecute the work with such diligence as to insure its completion within the specified time, or
within such extensions of time as have been granted by the Community Development Director,
or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the
provisions of the plans and specifications, he shall be in default of this agreement and notice in
writing of such default may be served upon him. The Community Development Director shall
have the power to terminate all rights of the Landowner because of such default. The
determination of the Community Development Director of the question as to whether any of the
terms of this agreement or the plans and specifications have been violated or have not been
performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who
may have any interest in the agreement or any portion thereof. The foregoing provisions of this
section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a
good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of
Section 66499 of the Government Code in any amount not less than the estimated cost of the
work for the faithful performance of the terms and conditions of this agreement, except that
when the estimated cost of said work is $2,500 or less, the security shall be a deposit of cash or
its equivalent as determined acceptable by the Building Director. Landowner further agrees that
if the security is a bond and if the sureties on the faithful performance bond or the amount of
said bonds in the opinion of the Community Development Director becomes insufficient,
Landowner agrees to renew each and every bond or bonds with good and sufficient sureties or
increase the amount of said bonds, or both, with ten days after being notified by the Community
Development Director that the sureties or amounts are insufficient. Notwithstanding any other
provision herein, if landowner fails to take such action as is necessary to comply with said
notice, he shall be in default of this agreement unless all required work is completed within 90
days of the date on which the Community Development Director notifies the Landowner of the
insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties
on the bonds or the issuers of any instruments or letters or credit securing this agreement that,
in the event it is deemed necessary to extend the time of completion of the work contemplated
to be done under this agreement, extensions of time may be granted from time to time by the
Community Development Director either at their option or upon request of the Landowner, and
such extensions shall in no way affect the validity of this agreement or release the surety or
sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or
the issuance of any instruments or letters of credit in full force and effect during the terms of this
agreement, including any extensions of time as may be granted thereon.
TENTH: Upon the satisfactory completion and approval of the work described in the first
paragraph of this agreement by the Community Development Director, the entire amount of the
security shall be released or returned by the Community Development Director to the
Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors,
administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision
of this agreement is by the courts held to be unlawful and void, the validity of the remaining
portions shall not be affected and the rights and obligations of the parties shall be construed and
enforced as if the agreement did not contain the particular part, term or provision held to be
invalid. No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
THIRTEENTH: Any notice or notices required or permitted to be given pursuant to this
agreement shall be served on the other party by mail, postage prepaid, at the following
addresses:
Cltv Landowner
City of Menifee /+Sty\ U-C
PaciAc.,
Community Development Department 3228 Long Lake Drive SE
29714 Haun Road Olympia, WA 98503
Menifee, CA 92584
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL.
Dated:
S /7 // 1-
By (.i
Print Name&Title
By
City of eni e
For the Community Development Director
Date: c-, /;2, / I2.
Approved as to Form:
City Attorney
By. ;.O
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND
EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED
HERETO.)
Acknowledgment of Corporation
STATE OF WASHINGTON
COUNTY OF
On this ��' day of I�IAt.* 20 y ,before me, the
undersigned, a Notary Public in and for�the State of Washington, duly commissioned and sworn,
personally appeared and
to me known to be the President
MAA and Secretary, respectively, of
iG.T L 1-e , the corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act of and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that
authorized to execute the said instrument and that the seal affixed is
the corporate seal of said corporation.
Witness my hand and seal the day and year first above written.
M EUq'�..
�� �.P 'ioiu"' '•
Notary Public residing at I Q%— ki
Printed Name: = : 'Z
ay�g ;N�z PUBUCp.`
i9'•. 1. _ p1"��.• `��
My Commission Expires: F �� �,►
PERFORMANCE BOND Bond SSB0415540
KNOW ALL BY THESE PRESENTS,That we, Pacific Mobile Structures, Inc.
(hereinafter called the Principal),as Principal,and RLI Insurance Company ,a corporation
duly organized under the laws of the State of Illinois (hereinafter called the Surety),as Surety,are held and firmly
bound unto The City of Menifee
(hereinafter called the Obligee),
in the sum of One Hundred Sixty-one Thousand Four Hundred Forty-three Dollars And Zero Cents
($ 161,443.00 )Dollars,for the payment of which sum well and truly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally,firmly by these presents.
Signed and sealed this 26th day of April 2012
WHEREAS,said Principal has entered into a written Contract with said Obligee,dated
for , On—Site Landscaping
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth
herein:
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal shall well and truly
keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part
of said Principal so to do,then this obligation shall be null and void; otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced
within two(2)years following the date on which Principal ceased work on said Contract.
Pacific Mobile Structures, Inc.
By f//f Principal
� -� 1'Z/'
J
RLI Insurance Company
By
Tami Jones Attorney-in-Fact
S-0757/GE 10/99
XDP
RLIRLI Surety POWER OF ATTORNEY
P.O.Box 3967 1 Peoria,IL 61612-3967
Phone:(800)645-2402 1 Fax:(309)689-2036
www.rlicorp.com RLI Insurance Company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the
approving officer if desired.
That RLI Insurance Company,a(n)Illinois corporation,does hereby make,constitute and appoint:
Gloria Bruning,Gene M.Dietzman James P.Doone John D Klum Ra M.Pai at J.Patrick D:)onM Richard W.Kowalski Tami
Jones. is 'Mather.Br nt Ols n P ilip D.F rker J el Dietzmz Karen A Pierce hristonher A Reburn jointly or severally
in the City of Portland State of Oregon its true and lawful Agent and Attorney in Fact,with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million Dollars($10,000,000)for
any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of
Directors of RLI Insurance Company,and now in force to-wit:
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate
name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the
name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of
Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by
facsimile."
IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 28th day of February 012
SAC...or; RLI Insurance Company
- SEAL .-
State of Illinois Roy C.Die Vice President
SS uN��`S'��`,
County of]eoria
On this 28th day of Febr L)
CERTIFICATE
u arm, 2012 before me, a Notary I, the undersigned officer of RLI Insurance Company, a stock
Public, personally appeared Ro Di who being by me duly corporation of the State of Illinois,do hereby certify that the attached
swom, acknowledged that h(T signed the above Power of Attorney as the Power of Attorney is in full force and effect and is irrevocable; and
aforesaid officer of the RLI Insurance Company and acknowledged said furthermore, that the Resolution of the Company as set forth in the
instrument to be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the.seal of the RLI Insurance Company
this,-' day of LL. .
.. RLI Insurance Comp
Jacqu ine M.Bockleff Notary Public aey
av� 'OFFICIAL SEAL" -"�-
's PUBW e JACQUELINE M.BOCKLER Roy C.Die
STAIECr Vice President
EIHOB COMMISSION EXPIRES 03/0'/14
3665791020212
A0059411
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Oregon
County of Multnomah
On ,Li4r���Z before me, Gloria J. Bruning , Notary Public,
personally appeared Tani Jones who proved to me
on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal) Signature •3�,i,
OFFiCI.AL Sr AL
,... GLORIA J. BRUNING
L: NOTARY PUBIC-OREGON
COMMISSION NO.43IM9
EXPN S AM S,2012