2015/03/25 Halle Properties, LLC Landscape improvements PP2013-244 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
s
This Agreement for Landscape Improvements (the "Agreement") is made as of March ,
2015, by and between the City of Menifee, a California municipal corporation (the "City") and
Halle Properties, LLC (the "Landowner"):
WITNESSETH
FIRST: Landowner, in consideration of the issuance of Building Permits (Permit No. PMT 14-
02738), to allow the initiation of construction on that certain development plan known as "Plot
Plan No. 2013-244 — America's Tire" agrees, at Landowner's sole cost and expense, to furnish
all labor, equipment, and material necessary to perform and complete installation of landscaping
and irrigation at 29861 Haun Road in the City of Menifee, California (Parcel C of Lot Line
Adjustment No. 13-004 [APNs: 336-380-006 and -011]) ("Project Site') prior to release of final
occupancy of Permit No. PMT 14-02738, and maintain said work in a good and workmanlike
manner. Landowner also agrees that all plants within the landscaped area will be maintained in
a viable growth condition, including through replacement of dead plants with living plants, and
will demonstrate compliance through both a six (6) month and twelve (12) month post-
installation inspection of the landscaped area for a total period of twelve (12) months after
Building Permit final occupancy release of Permit No. PMT 14-02738 or as otherwise required
by the Community Development Director. Landowner also agrees that all landscape and
irrigation improvements shall be installed and maintained in accordance with those landscape
and irrigation plans for said land division which have been approved by the Community
Development Director, and are on file in the City of Menifee Community Development
Department. Landowner further agrees to do all work required by this Agreement 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:
$ 64,417.00 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, within fifteen (15) days of notice.
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, expenses, and attorneys' fees
incurred by the City in successfully enforcing such obligations shall be paid by Landowner
including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses
and fees shall be taxed as costs and included in any judgment rendered.
THIRD: To the fullest extent permitted by law (including, without limitation, California Civil Code
Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably acceptable
to the City), indemnify, and hold free and harmless City and City's agents, officers, and
employees, (collectively, the "Indemnitees") from and against any and all claims, loss, cost,
damage, injury (including, without limitation, injury to or death of Landowner or any officers,
agents, employees, representatives, or subcontractors of Landowner [collectively, the
"Landowner Entities"]), expense and liability of every kind, nature and description (including,
without limitation, incidental and consequential damages, court costs, attorney's fees, litigation
expenses and fees of expert consultants or expert witnesses incurred in connection therewith
and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole
or in part, the negligence, recklessness, or willful misconduct of Landowner, any of the
Landowner Entities, anyone directly or indirectly employed by any of them, or anyone that they
control (collectively, the "Liabilities"), with regard to the works described in this Agreement. Such
obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent
that such Liabilities are caused in part by the sole negligence or willful misconduct of such
Indemnitee.
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, as evidenced
by a written determination from the City, 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: 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 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 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. 2014-153) of Landowner due to 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. No delay or
omission in the exercise of any right or remedy by City shall impair such right or remedy or be
construed as a waiver. City's consent or waiver of one act or omission by Landlord shall not be
deemed to constitute a consent or waiver of City's rights with respect to any subsequent act or
omission by Landlord. Any waiver of any default must be in writing. The foregoing provisions of
this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: 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 Official. 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
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 this Agreement
by the Community Development Director, the entire amount of the security shall be released or
returned by the City to 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 held to be unlawful and void by a court of competent jurisdiction, 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 certified mail, postage prepaid, at the following
addresses:
City Landowner
City of Menifee Halle Properties, LLC
Community Development Director 20225 N. Scottsdale Road
29714 Haun Road Scottsdale, AZ 85255
Menifee, CA 92584
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL.
Dated: Z`r to4u" Zd fS
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(Signature)
5emTT J�Du"(&R-
(Print Name)
P2o-TE<-T ptA11ntA(90-
(Title)
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND
EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED
HERETO.)
Dated: J ��`� By
(Si a e for President or other category 1 officer)
(Print Name)
✓,f`.0"71 j k4 ore
(Title)
Dated: ZB APRIL By
(Signat re fof Secretary or other category 2 officer)
stem M rekl2tam
.A (Print Name)t
Axr r,62 rep, ha* A0P
(Title)
City of Menifee
obert A. Br dy
Communityy Devel pment Directory
Dated: lo"C Z
Approved as to Form:
ffe,pt0f. Melching, Ci A rney
NOTARY ACKNOWLEDGEMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
On_March 25,2015.before me,Kathy Peters,Notary Public,personally appeared
_James Silhasek_,Agent/Halle Properties,LLC, personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument
Agreement for Landscape Improvments and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies)and that byhis/her/their signature(s)on the instrument,the person(s)or
the entity(ies)upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal. Kamy Peters
Not.ry Public-Arizona
Maricopa County
iNN CommbuI Eapirea
Jung 6,2076
Notary Pub i (This area for official notarial sea])
MAINTENANCE BOND
Bond No. 929598111
KNOW ALL MEN BY THESE PRESENTS,That We,Halle Properties,LLC
as Principal, and Western Surety Company having an office at 333 S. Wabash Ave.. 41-South,
Chicago, IL 60604 as Surety, are held and firmly bound unto City of Menifee, as Obligee, in
the penal sum of Sixty Four Thousand Four Hundred Seventeen Dollars and 00/100
(% 417.00 Dollars lawful money of the United States of America the Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally
firmly by these presents.
SIGNED,SEALED AND DATED this 24th day of April,2015.
WHEREAS the Principal has completed Landscape Improvements—Permit No. PMT 14-02738
and whereas, the Obligee requires a maintenance guarantee for the period of One year from the
date of this bond.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal at his own cost and expense replaces or repairs any of the above described works,
which shall become defective because of either material or workmanship not meeting
requirements of the specifications under which the work was done during the period of One
years from the date of this bond,then this obligation shall be null and void, otherwise to remain
in full force and effect.
Halle Properties,LLC
Principal
Witnessl
Western Surety Company
�t Surety
LC GC�J : rU ChQ. aJtI By:
Witness Debra A.Kohlman,Attorney act
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
Oil , before me, a Notary Public in and for the above county, personally
appeared Debra A.Kohhnan to me personally known, who,being by me duly sworn,did state that he/she is
Attorney-in-Fact of Western Surety Company, a corporation organized and existing under the laws of
the State of South Dakota that the seal affixed to the foregoing instrument is the corporate seal of the said
corporation,that the instrument was signed, sealed, and executed in behalf of said corporation by authority
of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the
voluntary act and deed of said corporation by her voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and
year fast above written.
Q. _
OFFICIAL SEAL Notar P blic
JOANNE J KUSHNER
Notary Public-State of Illinois
6($t0'nkhOslon Expires Apr 10, 2016 COOK County,ILLINOIS
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Christine Marotta, Richard A Me Grath, ,Fames R Parck, Debra A I{ohlman,Individually
of Chicago, IL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 6th day of November,2012,
+sunFr WESTERN SURETY COMPANY
��6®q�P0A4P��ia'S
��1H'DPM�d`
aul T.Bmflat,Vice President
State of South Dakota 1
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County of Minnehaha ss
On this 6th day of November,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires ^^''
J.MOBR (}{
June 23,2015 I SEAL NOTARY PUBLIC SEAL }
r SOUTH OAKOTA 3S n
�— 1.Mohr,Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation tP day of
WESTERN SURETY COMPANY
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Fonn F4280-7-2012 L.Nelson,Assistant Secretary