2017/08/01 Zeiders Road Business Park, Inc. Plot plans 2009-006/2016-126 ENIFE 4sy spa 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 Page 2 of 4 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 Page 3 of 4 Construction Trailer Removal Agreement for Commerce Pointe Approved as to Form: Jeffrey T401 e,ffh ing City Attorney Page 4 of 4