2014/08/25 Standard Pacific Corp Landscape improvements PP2014-067 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This Agreement made and entered into by and between the City of Menifee, State of California,
hereinafter called City, and Standard Pacific Corp., 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 development plan known as "Plot Plan No. 2014-067 -
Lakeview (TR 34406-4 and a portion of Lot 3 within Tract Map 30705-1) HOA Maintained Paseo
Landscaping and Irrigation Plans", agrees, at Landowner's sole cost and expense, to furnish all
labor, equipment, and material necessary to perform and complete prior to release of final
occupancy for any Building Permits named in this agreement and maintain in a good and
workmanlike manner for a period of twelve (12) months after Building Permit final occupancy
release or as otherwise required by the Community Development Director, 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 Community Development
Department, and to do all work incidental thereto in accordance with the standards set forth in
Ordinance No. 348 and Menifee Municipal Code Section 2009-61 referring to Establishment of
Water Use Efficiency Requirements, which replaced Riverside County Ordinance No. 859 and
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
$ 15,000.00 Total
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 by the City in successfully enforcing
such obligations shall be paid by landowner including reasonable attorneys fees, and that upon
entry of judgment, such costs, expenses and fees shall be taxed as costs and included in any
judgment rendered.
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/her agents and employees shall give notice to the Community
Development Director at least forty-eight (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/her 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/she shall be in default of this agreement and
notice in writing of such default may be served upon him/her. The Community Development
Director shall have the power to terminate all rights (granted by Plot Plan No. 2014-067 ["HOA
Maintained Paseo Landscaping and Irrigation Plans"]) 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 the 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, within ten (10) 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/she shall be in default of this agreement unless all required work is completed
within ninety (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 of 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
CommunityDevelopment Director either a p t 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 City 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:
Citv Landowner
City of Menifee Standard Pacific Corp.
Community Development Department Brian M. Jacobson— Project Manager
29714 Haun Road 255 E. Rincon Street, Suite#200
Menifee, CA 92584 Corona, CA. 92879
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL.
Dated: By /
(Si na re)
BRIAN . ACOBSON
(Print Name)
AUTHORIZED REPRESENTATIVE
(Title)
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND
EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED
HERETO.)
I
I
Dated: 2 By
(Sign to e)
BRIAN M. JACOBSON
(Print Name)
AUTHORIZED REPRESENTATIVE
(Title)
City of Menifee
zA;4-x'>7.
Charles LaClaire
Interim Community D elopment Director
Dated:
Approved as to Form:
t
J ie Hayward ig sq.
City Attorney
ACKNOWLEDGMENT
State of California `'
County)�of �Ve(S& )
On l�l/lAf�'1 en+ asr 0-D,a before me, ( 4+-Ke.c I ,O&Rt 4 Y14J��
(insert name and title of thd officer)
personally appeared IQY) ('�IIK/6CI'l
who proved to me on the basis of satisfactory evidence to be the perso whose name,(g'J islarE
subscribed to the within instrument and acknowledged to me that heAwreRhey executed the same in
his/J4eh4he7i uthorized capacity�i& and that by his/kerythetr signaturejaT'on the instrument the
persorikeT or the entity upon behalf of which the personXacted, 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.
NAREY NN UT RErLL
WITNESS my hand n ffic' seal. < Commission*2075995�
_ • Notary Public-California
Riverside County
M Comm.Likes Jul 27 20181
Signature (Seal)