2017/08/01 Zeiders Road Business Park, Inc. Plot plans 2009-006/2016-126 ENIFE
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CITY OF MENIFEE
Community Development Department
Construction Trailer Removal Agreement for
Commerce Pointe
This Construction Trailer Removal Agreement for Commerce Pointe ("Agreement") is made this
1st day of August, 2017, by and between the City of Menifee ("City") and Zeiders Road
Business Park, INC ("Developer") (collectively the "Parties") in exchange for good and valuable
consideration receipt of which is hereby acknowledged.
City agrees to issue Building Permits for one (1)— 10 foot by 52 foot (10'X52') (520 square foot)
temporary construction trailer (1-total) as set forth on Exhibit A and Exhibit B to this Agreement
on property located within Assessor's Parcel Numbers 384-150-011 upon completion of the terms
and conditions set forth in this Agreement.
The subject site is presently zoned Industrial Park (I-P). The Property's land use designation
under the General Plan is Economic Development Corridor(EDC).The property is within the City
of Menifee and is the property of Zeiders Road Business Park, INC. Such zoning and General
Plan designation allows for temporary construction trailers during the construction of approved
land use projects, with City approval as provided under the City Municipal Code. Developer has
requested approval to place one (1) temporary construction trailer for the meeting of jobsite
construction crew, contractors, inspectors and superintendents and to serve for the development
of Plot Plan Nos. 2009-006 and 2016-126.
Developer agrees that all physical public infrastructure improvements required for the safe ingress
and egress to the temporary construction trailer site, in the form of an aggregate gravel base
access road, from existing, improved and accepted public rights-of-way shall be in place to the
satisfaction of the City's Engineering Department prior to opening the temporary construction
trailer site to the Developer and associated jobsite crew, contractors, inspectors and
superintendents, regardless of whether such improvements have been finally approved and
accepted by the City . Developer also agrees to assure the physical safety of jobsite crew,
contractors, inspectors and superintendents that may visit the temporary construction trailer site
approved under this Agreement.
Upon determination by the City that there is no longer a need for the temporary construction
trailer, Developer agrees to remove the temporary construction trailer, aggregate gravel base
access road and parking area, shaker plates and electrical connections, including temporary
power poles and to convert the lot where the trailer was located to the original intended use(light
industrial business park) as allowed within 30 days. The conversion and removal shall be
confirmed upon inspection by Community Development Department staff in writing prior to
building construction within Assessor's Parcel Numbers 384-150-011.
Construction Trailer Removal Agreement for Commerce Pointe
The location of the temporary construction trailer subject to this Agreement is lot specific and the
approvals granted herein shall not be transferable between lots. This limitation, however, does
not preclude the City and Developer from amending this Agreement, in writing, to establish
alternative location(s)for the temporary construction trailer site.
A surety, in a form acceptable to the City Manager of the City of Menifee, is herewith provided in
the sum of (as detailed below) for the express purpose of the removal of the temporary
construction trailer site as detailed below and shall be provided prior to and as an integral part of
entering into this Agreement. Developer shall notify City of completion of removal undertaken
pursuant to the terms of this Agreement and City shall inspect and review the temporary
construction trailer site within thirty(30) days of receipt of such notification. If the City is satisfied
and determines in writing that Developer has removed the temporary construction trailer site to
the level and degree necessary to assure that the site is clearly restored and identifiable for the
development of a light industrial business park development, any surety, cash deposit or release
of bonds in the possession of the City directly associated with the temporary construction trailer
site following such removal, shall be returned to the undersigned within thirty (30) days of the
written notification to the Developer or his/her representative of the completion of such work.
If the Developer, or a representative, or agent thereof, fails to remove the temporary construction
trailer from the site to the satisfaction of the City within3O days of being notified by the City that it
must be removed, the undersigned authorizes the City, its employees, contractors,
representatives or agents, to enter the property and physically remove all items (temporary
construction trailer, aggregate gravel base access road and parking area, shaker plates and
electrical connections, including temporary power poles) within the temporary construction trailer
site to a level and degree necessary to assure compliance with the terms of this Agreement. Any
and all costs incurred by the City, including any fees from agencies other than the City, and
including attorney fees, for said removal shall be deducted from the surety noted above as
provided by the Developer. Any costs incurred by the City in excess of the surety established
herein and on file with the City shall be reimbursed by the Developer to the City within thirty(30)
days of the written notification of the completion of such work. Developer agrees that neither a
Request for Building Permit, nor Final Inspection, shall be issued or conducted upon the
temporary construction trailer site subject to this Agreement until such reimbursement has been
provided to the City. Any excess surety, cash deposit or release of bonds still in the possession
of the City following removal of the above noted construction trailers shall be returned to the
undersigned within thirty (30) days of the completion of such work.
The Developer shall protect, defend, indemnify, and hold harmless City and City's officers,
employees, agents, contractors, and representatives (collectively, the"City Parties"), and each of
them, jointly and severally, against and from any and all claims, demands, causes of action,
damages, costs, expenses, losses, and liabilities, at law and in equity, of every kind or nature
whatsoever, including reasonable attorneys' fees and expert witness fees, including, without
limitation, injury to or death of any person or persons and damage to or destruction of any
property, threatened, brought, or instituted, arising out of, or in any manner directly or indirectly
connected with Developer's performance or failure to perform under this Agreement. The City
shall notify Developer of any claim, lawsuit, or other judicial or administrative proceeding (herein,
an "Action") within the scope of this indemnity obligation that it becomes aware of and request
that the Developer defend such Action with legal counsel reasonably satisfactory to the City. If
the Developer fails to so defend the Action, the City shall have the right but not the obligation to
do so with counsel of its own choosing, with no right of approval by Developer and, if it does, the
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Construction Trailer Removal Agreement for Commerce Pointe
Developer shall promptly pay the City's full cost thereof,with payments made at least on a monthly
basis. This obligation shall survive the termination of the Agreement.
Itemized list of removal required by this Agreement and associated anticipated costs for surety
purposes.
1. Removal of temporary construction trailer; $500.00
2. Removal of aggregate gravel base access road and parking area; $1,000.00
3. Removal of shaker plates; $500.00
4. Removal of electrical connection, including temporary power poles; $500.00
This Agreement represents the full and entire agreement of the parties and shall be
effective as of the date first set forth above.
Zeiders Road Business Park, INC.
("Developer")
Dated: f(� " i✓, By r i
(Signature for President or Iother Category 1 Officer)
(Print Name)
0 P . Pr 6 j0 cT«y
(Title)
B
Dated: -i
\(Signature-for-Secretary or other Category 2 Officer)
(Print Name)
f LFD
(Title)
CITY OF MENIFEE
("City")
Dated: By
Cheryl itz row
Comm ' y Developm rector
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Construction Trailer Removal Agreement for Commerce Pointe
Approved as to Form:
Jeffrey T401 e,ffh ing
City Attorney
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