2017/08/01 Taiseer Shawkat & Dallal Harb Landscape improvements, Menifee Market PP2016-151 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR LANDS APE IMPROVEMENTS ("Agreement") is made and
entered into as of the day of , 2017, by and between the CITY OF
MENIFEE, a California municipal corpora on,'("City") and TAISEER SHAWKAT AND
DALLAL HARB d/b/a MENIFEE MARKET, ("Landowner").
WITNESSETH
1. Landowner for and in consideration of the issuance of Plot Plan No. 2016-151 to
allow the initiation of construction on that certain development plan known as "Menifee Market
Landscape and Irrigation Plan- Assessor's Parcel Number 384-010-006" (the"Property"),agree,
at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to
perform, complete, and maintain onsite landscaping for a period of twelve (12) months after final
inspection 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 TEN THOUSAND ONE HUNDRED FORTY EIGHT DOLLARS AND NO CENTS.
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, expense, and liability of every kind, nature, and
description (including, without limitation, 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 have 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 their 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 and Developer 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 their 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 Conditional Use Permit No. 2014-242 or Building
Permit No. 16-01381)of 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 agree 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 Building Director. Landowner further agree 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 agree 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 fail 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 agree 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 or Developer.
12. This Agreement shall be binding upon Landowner and their 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.
14. 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: Taiseer Shawkat and Dallal Harb
dba Menifee Market
26035 Scott Road
Menifee, CA 92584
[signatures on following page]
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date
and year first above written.
Menifee Market
1-6:lseet Isar h
("Landowner")
Dated: � M , AU11 By �
(Signature for TAISEERvSHAWKAT HARB)
Twseu Hub
(Print Name)
Ow fle-(
(Title)
Dated: -Au�S� jq,aOlq By ��s td ttC sb
(Signature for DALLAL HARE)
-DaOM NGtb
(Print Name)
m GnG C�e�
(Title)
CITY OF MENIFEE
("City")
Dated: By 1112'
Cheryl KitzeOevelopment
Community erector
Approved as to Form:
frey T. Melch' g
City Attorney
f-ryl
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 )
- )COUNTY OF ss.����� )
On Judy Z`7 ZOI-1 , before me, AM-4 1A grDLuY ,Notary Public,
ere nsert name and title of the officer)
personally appeared -rcb.52oy' -f-- O—KL
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 he/she/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.
Signature
[SEAL]
AMY M. BROWN
Notary Public-California
a ".m Riverside County z
Z Commission #2172470 D
My Comm.Expires Dec 14,2020
CNA SURE 1-80 -331-0353
Fax 1-605-335- 57
www.cnasurety.com
PO BOY 5077 A�ou�Fans SG 571 i7-5o77 uwservices@cnasurety.com
DATE: DecerraDer 8, 201E AGENT CODE: 04-243 ?
ATTENTION: J erry Number of Pages:
RE: Bond 718`.`84_ -Men�tee Market & Feed
andscace Improvements
Contract Amount: S10,148.00
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S r \%Ompany C Ode: OC l - WestTWesterne �L LO1"ii_•dn %
Thank you for placing this business with CNA Surety.
Please execute the requested bond(s)by using the follow-uig documents sent with this fax/email. Sigh thr-
bonds) and attach a gold colored seal from Your Western Surety Company bond kit to each bond issued.
Premium: S 3 0 4.O C
Commission Percentage
Effective: Dece"[ per 8, 201
*= Please reference the CNA Surety web site www.cnasurety.com for easy access to our
Fast.Track Application.
Please check your supply of gold seals periodically to ensure you have an adequate amount. To reorder
gold seals, simply visit enasurety.com and click on the"Circler Supplies Here" icon under the
Broker/Agent Services section.
Business Ser0ces
Western Surety
Company
POINTER OF ATTORNEY-CERTIFIED COPy
Bond No. 71S55-04
Know all Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws
of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make,
constitute and appoint JERRY WA-Y'NE 1<ENSObI JR
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its
behalf as Surety,bonds for:
Principal: Market & Feed
Obligee: C_ty of Men ifee _.Dnununity De*v e I opMe nt Dept.
-mount: ,51,C,�Jtj,GOO.(jr,
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of the Company and duly attested by its Secretary,hereby ratifjring and confirming all that the said attorneys)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full forme and effect.
"Section 7. 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 far the v dity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
corporation. The signature of anv such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of January2
but until such time shall be irrevocable and in full force and effect.
I i > W iei f Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its
cor dY;)e ea]•td=bj dit; ,this 2Lli day of LecenLDer 2016
WEST R SURE' COMPANY
S1`TiQ S�VTIi_F) iA Paul T. ruflat,Vice President
ss
CO
On this r 3 to day of DecerrLer in the year 2016 before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
NVESTERAT SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation_
•4�s�a�e�t�sh4tsy�ib%Ysbb�eMs�j�4}
s J. MOHR 8
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a SM NOTARY PUBLIC a
r SOUTH DMOTA SFAL pp Notary Public-South Dakota
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'f�e�e�ayy�e44yea�s�i�s�s�i�ihbb�e4Ah+
14y Commission Expires June 2", -20-21
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof.I have hereunto set my hand and seal of Western Surety Company this
December �'th day of
2016
WEST R / SURE COMPANY
Paul T. ruflat.Vice President
To validate bond authenticity,go to vs-%,*r%v.cnasuretv.eom >O%vner/Obligee Services>Validate Bond Coverage.
Form F5306-1-2016
Western Surety
Company
SITE IMPRO'TEMENT
Peif'ormance Bond
Bond# 71855842
h7, OW ALL PERSONS BY THESE PRESENTS: That we
Menifee Market & Feed
Principal, and WESTERN SURETY C0MPANY, a corporation authorized to do surety business in the
State of California as Surety, are held and firmly bound unto
Cit✓ of Menifee Coriununit Yr Development Dept
as Obligee, in the suns of Ten Thousand Ona Hundred Fort -E fight and OG 'IoCi
Dollars ( $10,148.0U )lawful money of the United States of Arnerzca. for which
payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns firmly by these presents.
WHEREAS, the Principal has entered into an agreement with the Obligee, guaranteeing only that the
Principal will complete site improvements as per estimate prepared by
attached to and made a part hereof at certain land known as
all of which improvements shall be completed on or before the date
set forth in the agreement or any extension thereof. and the Principal provides this bond as security for
such agreement.
NOW, THEREFORE, the condition of this obligation is such. that if the Principal shall carry out all the
terms of said agreement relating to the site improvements only and perform all such work as set forth
in the attached agreement, then this obligation shall be null and void; otherwise, to remain in full force
and effect.
No party other than the Obligee shall have any rights hereunder as against the Surety.
The aggregate liability of the Surety on this bond obligation shall not exceed the sum stated above for
anv reason whatsoever_
SIGNED. SEALED AND DATED THIS nth DAY OF December 20IC,
PRINCIPAL:
Menifee Market & Feed
By:
SURETY":
WESTERN SURETY COMPANY
Form F7485-12-2004 B�`
E RY W 'N HEN r.r _ .torney-in-Fact
NO Clef 1'7l.I LD
a)I:VEYORS
RECORDING REQUESTED BY: Monument Fund I 066831
RECEIVED FOR RECORD
AT[TITLE COMPANY AT8:00 O'CLOCK
When Recorded Mall To:
Taiseer Shawkat Herb
26035 Scott Road FEB 2 71996
Menifee,CA 92586 PAID
Doa.Ttans[erTax ROCa6edn01bygecod:
FRANK K JOHNSON nIA—VdeCamry.00Momlo
Eacraw No. 12775 File.Co.Recorder gyp}/ Recorder
Title Order No.64443-CO r/ .FeasS Le
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(s)DECL� Tax Parcel No.359-020=039-9 /
DOCUMENTARY TRANSFER TAX IS 8 54.45 ITY TAX$ 0.00 \ 1/
I I computed on full value of property conveyed,or
[X1 computed on full value less value of(lens or encumbrances remaining at time of sale,
OR transfer is exempt from tax for the following reason:
FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged.
EDWARD E.ENGLEHART and VIRGINIA J.ENGLEHART
hereby GRANT(s)to
TAISEER SHAWKAT HARE,an unmarred map,ni p off,,.[
the following described real property in the enifce �f
County of Riverside ,State of California
Parcel 4 of Parcel Map 6856 recorded in Book 24,Page 28 of Parcel Maps,In the Office of the County Recorder
of Riverside County,California,together with that portion of Lot B lying between the Easterly Prolongation of the
Northerly and Southerly lines of Parcel 4.
DATED: November 16, 1995
STATE OF CALIFORNIA ��y,
COUNTY OF P,o=m t e, Edward E.Englehart
ON 4 SS before me,
-,I,- personally appeared
Edward E.Englehart and Virginia J.Englehart Virginia 16atnglehart
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 and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/[heir signature(s) HELEN D Y.fRY.PATRICK
on the instrument the person(s),or the entity upon behalf of COMM"58937 z
-ma fry II)IIO(iall
Which the person(s)acted,aX@CUIed the instrument.. Y RIVERSIDE COUNTY
Witness my hand and official seal. Mj canm.ox MAR OS,t986 Pros
Signature_
(This area for official notary seal)
MAIL TAX STATEMENTS TO: Taiseer Shawkat Herb 26035 Scott Road Menifee,CA 92586