2011/02/23 Menifee Vineyards, LP maintenance of landscape parkways, catch basin filters and grafiti abatement AGREEMENT FOR MAINTENANCE OF LANDSCAPED PARKWAYS, CATCH
BASIN FILTERS, AND GRAFITI ABATEMENT WITHIN PUBLIC RIGHT-OF-WAY
Case Number: Plot Plan 23169
Menifee Vineyards Limited Partnership, a California limited partnership, ("OWNER") and the
CITY OF MENIFEE ("CITY") enter into the following agreement.
RECITALS
Menifee Vineyards Limited Partnership, a California limited partnership is the owner and
developer of that property tentatively designated and named the Menifee Vineyards (Plot Plan
23169); and which has the following legal description:
The south 1/2 of the west 1/2 of Parcel 10 of Parcel Map 6252, in the County of
Riverside, State of California, as per Map recorded in book 17, page 3 of Parcel
Maps, in the office of the county recorder of said county.
Except that portion conveyed to the County of Riverside in deed recorded November 14,
2006 as instrument no. 2006-0841465 of official records.
WHEREAS, certain parkways belonging to the CITY are located contiguous to or within said
property ("Parkways"); and
WHEREAS, the OWNER desires to improve such Parkways as a method of enhancing the
value of the property; and
WHEREAS, the Site Plan known as Plot Plan 23169, hereinafter called the "Plan", which is
expressly made a part hereof, as approved or to be approved by the CITY, provides filters
located in the public street catch basins within the confines of the street right-of-way as shown
in Exhibit"A" attached hereto, hereinafter called the "BMPs"; and
WHEREAS, the OWNER and the CITY, agree that the health, safety, and welfare of the
residents of the City of Menifee, California, require that BMP facilities be constructed and
maintained by the OWNER; and
WHEREAS, the OWNER and the CITY wish to establish an agreement respecting the
permanent maintenance of such Parkways;
THEREFORE, upon the mutual promises of the parties and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Duties of the OWNER. Menifee Vineyards Limited Partnership, a California limited
partnership shall improve the Parkways by landscaping the Parkways in a clean and attractive
manner, shall install an irrigation system for the purposes of watering such Parkways, shall
install and maintain BMPs within the right-of-way, and provide graffiti abatement of block walls
fronting the public right-of-way and all facilities within the public right-of-way. The OWNER shall
obtain the approval of the Director of Public Works of the landscaping plan and the irrigation
system prior to installation thereof. Following the completion of the installation of the
landscaping and the installation of the irrigation system, OWNER shall maintain the Parkways in
a clean and attractive condition. The costs and expenses involved in the installation of the
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landscaping and irrigation system and the costs and expenses of maintaining the Parkways
shall be borne entirely by OWNER with no cost or expense to the CITY.
2. The BMP facilities shall be constructed by the OWNER in accordance with the plans and
specifications identified in the Plan.
3. The OWNER shall adequately maintain the BMP facilities. Adequate maintenance is herein
defined as good working condition so that these facilities are performing in their design
functions.
4. The OWNER shall inspect the BMP facilities and shall keep an inspection report for review at
any time by CITY, or the Water Quality Board of the region. The purpose of the inspection is to
assure safe and proper functioning of the facilities. The inspection shall cover the entire facility,
berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the
inspection report.
5. Liability for Negligence. OWNER agrees to indemnify, defend and save the CITY, its
authorized agents, officers, representative and employees, harmless from and against any and
all penalties, liabilities or loss resulting from claims or court action and arising out of any
accident, loss or damage to persons or property happening or occurring as a proximate result of
any work undertaken pursuant to this Agreement, including any allegation that the landscaping
caused, or contributed to causing, death or injury to person or property.
6. Covenant to Cooperate. OWNER covenants that it shall cooperate with the CITY should CITY
determine that it is necessary, at a later time, to perform any work in the Parkways. This
covenant of cooperation includes but is not limited to removing or relocating, at CITY option, all
or part of the landscaping and/or the irrigation system for the purpose of accommodating the
construction.
7. CITY Ordinance No. 461. Menifee Vineyards Limited Partnership, a California limited
partnership and the CITY acknowledge that CITY Ordinance No. 461, as amended from time to
time (the "Ordinance") has been promulgated by the CITY and that such Ordinance creates
certain restrictions and responsibilities upon those seeking an encroachment permit. The parties
hereby incorporate the terms and provisions of such Ordinance by this reference herein the
same as if set forth in its entirety. Menifee Vineyards Limited Partnership, a California limited
partnership shall obtain all permits required by Ordinance No. 499 prior to commencing any
work within the right of way.
8. Amendments. Any amendments to this Agreement shall be made only by the written approval
of both of the parties hereto.
9. California Law. It is the intention of the parties that the laws of the State of California govern
the validity of this Agreement, the construction of its terms and the interpretation of the rights
and duties of the parties.
10. Parties in Interest. Each and all of the covenants, terms, provisions, and agreements herein
contained shall be binding upon and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the respective parties hereto.
11. Integrated Agreement. This agreement constitutes the entire understanding and agreement
between the parties hereto with respect to the subject matter hereof, and there are no
agreements, undertakings, restrictions, or warranties among the parties other than those set
forth herein and herein provided for.
DATED: 2 ' &
CITY OF MENIFEE
NEERIf\I - ARTMENT
--- �t?�
Don Allison, P.E.
Director of Public Works
DATE: I / 13/ ZPII
RECORD OWNERS (MUST BE NOTARIZED)
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Menifee Vineyards Limited Partnership
Palm Desert Development Company,
Administrative G.P. of Menifee Vineyards Limited Partnership
By: I rf-I , ..—
Todd A. eutscher,
Secretary of Pa m Desert Development Company
Updated December 201
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EXHIBIT "A "
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8 A S S O C I A T R S I PJ W 189f26-28 SHEET 1 OF 1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
a
State of California
County of Qt vE—�0,s l b
On 1 12� 2-01 I before me,
ate Hare Insert Name and Title ofihe Officer '
personally appeared -7—D i D b E�v Ri
Neme(s)of Signer(e)
who proved to me on the basis of satisfactory
evidence to be the personS4 whose names) is/ete
subscribed to the within instrument and acknowledged
to me that he/sJxe/tpf y executed the same in
his/hXr/thr'ir authorized capacity(os), and that by
hish*r/t"ir signature(s) on the instrument the
person(sY, or the entity upon behalf of which the
person(w) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
TRACY GENEVA GARZA laws of the State of California that the foregoing
Commission N 1885930 paragraph is true and correct.
Notary Public-California
z Riverside County1ii i,,=
M Comm.Exiees Aar t WITNESS my hand and official seal.
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Place Notary Seal and/or Stamp Above Signature:�) �Signatureuq Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: :n4re_—)vlL-v";T qz�2 rule+Irut Cr: Ir k;y5cl-w^1—� ��-✓G�u> t�j
Document Date: l/I:?, I Zot I Number of Pages: '=
Signer(s) Other Than Named Above: /A-
Capacity(ies) Claimed by Signer(s)
Signer's Name: :EODD Signer's Name:
Corporate Officer—Title(s): �z=2�`Ii9-P��1 El Corporate Officer—Title(s):
❑ Individual ❑ Individual
❑ Partner—El Limited ❑General Top of thumb heie ElPartner—❑ Limited El General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee //
❑ Guardian or Conservator ❑Guardian or C-n»se ator
❑ Other: ❑Other:
Signer Is Representing: Sign r Is Representing:
rDDC
@2008 National Notary Association,9350 De Soto Ave.,P.O.Box 2402•Chae,voah,CA 91313-2402•www.NatlonalNotary,org Item N5907 Reorder:Call Toll-Free 1-800-879-5827