2017/02/01 Western Pacific Housing, Inc. Landscape improvements PP2016-265 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and
entered into as of the j day of �-C-g QAp y , 2017, by and between the CITY OF
MENIFEE, a California municipal corporation, ("City") and WESTERN PACIFIC HOUSING,
INC., a Delaware limited liability corporation, ("Landowner").
WITNESSETH
1. 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"Retreat at Holiday
located on Chambers Avenue"Tract Map No.30507 and Plot Plan No.2016-265 (the"Property"),
agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material
necessary to perform, complete, and maintain onsite landscaping within the Homeowner's
Association (HOA) front yards for a period of twelve (12) months after landscaping final or as
otherwise required by City's 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 entitlement which have been approved by City's
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 Menifee Municipal Code Chapter 9.86 and Menifee Municipal Code Chapter 15.04,
which are expressly made a part of this Agreement (the "Work"). All of the Work shall be done
under the inspection of and to the satisfaction of City's Community Development Director and
shall not be deemed complete until approval of the final planting inspection is made by City's
Community Development Director. Approval of City's Community Development Director of the
Work and of the final planting shall be in writing. The estimated cost of the Work is SEVEN
HUNDRED THIRTY FOUR THOUSAND EIGHT HUNDRED AND FORTY TWO AND
00/100 DOLLARS (734,842.00).
2. Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's 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, expenses, and fees incurred by 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.
3. 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 City), indemnify, and hold free and harmless City and City's agents, officers, and
employees, (each, an "Indemnitee")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,
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incidental and consequential damages, court costs, attorneys' 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 Work 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.
4. Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work 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
City's Community Development Director.
5. Landowner agrees at all times, up to the completion and written approval of the
Work by City's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
6. Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight(48) hours before beginning the Work and shall furnish
City's Community Development Director all reasonable facilities for obtaining full information
respecting the progress and manner of the Work.
7. Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
Industrial Relations of the State of California, will be the minimum paid to all laborers, including
Landowner employees,contractors,and subcontractors. It is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner shall obtain and maintain a City
of Menifee business license. Landowner shall require the same of all contractors and
subcontractors.
8. If Landowner, or its 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 City's Community Development Director, or if
Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, Landowner shall be in default of this Agreement and notice in writing of
such default may be served upon Landowner. City's Community Development Director shall have
the power to terminate all rights(granted by Tract Map No. 30507 and Plot Plan No. 2016-265)of
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Landowner due to such default. The determination of City's 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 Landowner,
and any and all parties who may have any interest in this 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 Landowner shall
not be deemed to constitute a consent or waiver of City's rights with respect to any subsequent act
or omission by Landowner. Any waiver of any default shall be in writing. The foregoing
provisions of this Section shall be in addition to all rights and remedies available to City under
law.
9. Prior to the date this Agreement is executed, Landowner agrees to file with City
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 City's Community Development 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 City's 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 City's
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, Landowner shall be in default of this Agreement unless all required work is completed
within ninety (90) days of the date on which City's Community Development Director notifies
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
10. 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 City's
Community Development Director either at his/her option or upon request of 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 term of this Agreement,
including any extensions of time as may be granted thereon.
11. Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
12. This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
13. With the exception of the specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
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l 4. 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, 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 this
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.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
17. The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court,venue shall lie exclusively
in the Central District of California, in Los Angeles.
18. The person(s)executing this Agreement on behalf of the parties hereto warrant that
(a) such party is duly organized and existing, (b)they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement.
19. 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:
To City: City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
To Landowner: Western Pacific Housing, Inc.
2280 Wardlow Circle#100
Corona, CA 92880
[signatures on following page]
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IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
WESTERN PACIFIC HOUSING, INC.,
("Landowner")
Dated: By
(Sign ture for President or other Category 1 Officer)
(Print Name
Vist
(Title)
Dated: I �� By
for Secretary or other Category 2 Officer)
f and R/n 1�-
(Print Name)
ASstyice pm,prL f
(Title)
CITY OF MENIFEE
("City")
Dated: By
Jeff Wyman
Interim Development Director
Approved as to Form:
Jeffrey T. Melching
City Attorney
267 /031858-0001
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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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
SS.
COUNTY OF W 1,COC )
On r�%��� ���� , before me, I ll� _ Notary Public,
(here i.Bert name and title of th office
personally appeared I��CI I'd� ./(�.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument, and acknowledged to me that h&she/they executed the same in
hWher/their authorized capacity(ies), and that by his/-leer/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.
Stgnatur
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[SEAL]
ANGELYN GUTIERREZ
Commission #2060404
Notary Public-California z
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Z ''" Riverside County r
My Comm. Expires Mar 8,2018
1-671/031858-0001
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SUBDIVISION BOND
Bond No.016072600
KNOW ALL MEN BY THESE PRESENTS,that we Western Pacific Housing, Inc., a Delaware Corporation
2280 Wardlow Circle, Suite 100, Corona, CA 92880
as Principal,and Liberty Mutual Insurance Company
authorized to do business in the State of CA ,as Surety,are held and firmly bound unto
City of Menifee
as Obligee,in the penal sum of Seven Hundred Thirty Four Thousand Eight Hundred Forty Two Dollars and No Cents
($ 734,842.00 )DOLLARS,Iawful money of
the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, Western Pacific Housing, Inc., a Delaware Corporation
has agreed to construct in The Retreat at Holiday
the following improvements: Landscape Improvements Tract 30507
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or
damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full
force and effect.
Signed,sealed and dated this 26th day of January 2017
Western acific Housing, Inc., a Delaware Corporation
By:
Principal
'�,�������
Liberty Mutual Insurance Company
By: 4,
�'�
Margare A. Ginem Attorney-in-Fact
S-3689/GEEF?J98
Inquiries: (813) 281-2095
1
Senate Bill 1050, amends Sections 1189 and 1195. of the Civil Code and Section 8202 of the
Government Code, relating to notaries public. The below physical format of the.new disclosure.
notice is an example, for purposes of illustration.
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 Califqrnia
County of KI1(�/�
On Java 30, � �� before me, �1 � Q#i'v/ t°fl, Alofatq v il{here
insert name and title of officer), personally appeare 1' ArG.. lr q ,tit who
proved to me on.the basis,of satisfactory evidence to be the personN whose name(s),is as subscribed.to
the within instrument: and acknowledged to me that 06�she/tl*y executed the same in �/her/fh it
authorized capacity(, ), and that,by hU/her/thelir signature('s) on the instrument the person), or the
entity upon behalf of which the persons}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 rnAhand and official seal.
Signature�M q k (Seal)
ANGELYN GUTIERREZ
Commission#2060404
Z ; �_. Notary Public-California
Z `ram Riverside County
My Comm. Expires Mar 8,2018
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 26th day of January, 2017 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-in-Fact on
behalf of Liberty Mutual Insurance Company, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature ht'0
Gloria Robb
GLORIA ROBB
Commission#FF 194062
- a Expires January 28,2019
r od f�Q� Bondad Thru Troy Fain Insumnco 8C-MS5.7019
This area for Official Notarial Seal
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Powc,of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.7368736
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Anett Cardinale; Brandy L.Baich;David H.Carr;Eileen C.Heard;Margaret A.Ginem
all of the city of Tampa state of FIL each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th day of May 2016
ND CAS tV INS NSu ,wsu American Fire and Casualty Company
Cq�� The Ohio Casualty Insurance Company N
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Liberty Mutual Insurance Company
a 1906 0 0 1919 1912 o Iv
5 a 1991 C
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a * * 1 * * * By: A
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STATE OF PENNSYLVANIA ss David M.Caressistant Secretary
+_L COUNTY OF MONTGOMERY C
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d On this 18th day of May 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v
wCasualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >W
O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `
d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O rL
1C N PAS COMMONWEALTH OF PENNSYLVANIA $'O
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cz v resa Pastella,Notary Public By: ���
O L of muth Twp.,Montgomery County Teresa Pastella,Notary Public O O
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mission Expires March 28,2017 3
y O yp VN gV�G Member,Pennsylvania Association of Notaries O E
Y0 0 qRY t� G.
c M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N O
Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r
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two L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C
to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Z+a0i
O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a
E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ga m
C ru executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >c
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
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= ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E ,
> L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M
O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 00
Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 r
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said
Companies,is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this o?G day of %"UUA41- 20 A/
PNDCASG �jVINSt, P Q•i,-INSUq Nmsu?,
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a 1906 p 0 1919 1912 ° 1991 By:
3 i ° a Gregory W.Davenport,Assistant Secretary
284 of 500
LMS 12873 122013