2020/09/23 Tax Liens Lien Agreement - Tract No. 32102-19t23t2020 Batch 7624406 Confirmation
NO FEE DOCUMENT
Government Code {6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF MENIFEE
29774 Haun Road
Menifee, California
Attention: City Clerk
DOC # 2020-0E,52860
Ogl23l2120 04:04 PM Fees: $0.00
Page 1 of 78
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
"This document was electronically submitted
to the County of Riverside for recording..
Receipted by: TERESA #134
LIEN AGREEMENT
THIS LIEN AGREEMENT ("Lien Agreement") is made and entered into this 27th dav of
Aueust. 2020 by and between the CITY OF MENIFEE, a California municipal corporation ("City")
and DIAMOND BROTHERS FIVE PARTNERSHIP, LB a California limited partnership ("Owner").
RECITALS
A. Owner has submitted to the City for its approval two residential projects, 1) Tract No.
32t02-L, a proposed development comprised of one hundred and thirty two (132) single family
residential homes, one (1) public park, and twelve (12) open space lots and 2) Tract No. 321,02,
a proposed development comprised of one hundred and twenty four (124) single family
residential homes and thirteen (13) open space lots, located in the City of Menifee, County of
Riverside, State of California (the "Project").
B. ln connection with the Project, Owner has applied to City for approval of two Final
Maps pursuant to Government Code Section 6il34 ("the Subdivision Code') for FinalTract Map
32102'L and Final Tract Map 32702 ("Final Maps") for real property located within City, a legal
description of which is attached hereto as Exhibit 'A" (the "Property").
C. The conditions of approval for the Tentative Tract Map for the Property require Owner
to construct certain site improvements ("the Public lmprovements") on or in the vicinity of the
Property that once completed, subject to City Council approval, will be accepted by the City as
Public lmprovements. The Public lmprovements, attached as Exhibit "8", are incorporated
herein by this reference.
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9t23t2020 Batch 7624406 Confirmatron
DOC#2020-0452860 Page 2 of78
D. As part of the construction of the Public lmprovements, the City has requested
security to guarantee the completion of the Public lmprovements.
E. Since Owner will not complete the Public lmprovements prior to the City's approval of
the Final Map, Menifee Municipal Code section 7.80.050 requires Owner to enter into a
subdivision improvement agreement with the City for the completion of the Public
lmprovements, which includes a provision requiring an improvement security.
F. Owner and the Clty have entered into separate subdivision improvement agreements
for the construction of road and drainage improvements, water system improvements, sewer
improvements, and survey monument improvements for the Final Maps, titled 'Agreement for
the Construction of Road and Drainage lmprovements," 'Agreement for the Construction of
Domestic Water System lmprovements," 'Agreement for the Construction of Recycled Water
System lmprovements," 'Agreement for the Construction of Sewer System lmprovements," and
'Agreement for the Placement of Survey Monuments," hereinafter referred to as the
"Subdivision lmprovement Agreements" attached hereto as Exhibit "D."
G. The City is authorized pursuant to California Government Code Section 56499 and
section 7.80.050(C) of the Menifee Municipal Code to accept the security proposed by Owner
by entering into an agreement ("Lien Agreement") in satisfaction of the security obligations
contained in the Subdivision lmprovement Agreements.
H. City has found and determined that it would not be in the public interest to require
the installation of the Public lmprovements sooner than two years after recordation of the Final
Map.
OPERATIVE PROVISIONS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which the
Parties hereby acknowledged, the Parties hereto agree as follows:
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l. Owner has provided a title insurance policy and current title report to the City from a
title company approved by the City and issued within the 60 days prior to the execution of this
Lien Agreement that documents that the Owner is the record owner of the Property and the
Property is not subject to any mortgages, deeds of trust, or judgment liens.
l. Owner Performance and Oblieations
A. Owner hereby Brants to City, in accordance with the terms and conditions of this Lien
Agreement, a lien upon the Property as security for the following obligations of Owner
(collectively, the "Obligations"):
(1) Construction of the Public lmprovements specified in Exhibit "B" attached hereto;
provided, however, that Owner's obligation hereunder shall extend to the actual cost of
the construction of the Public lmprovements as detailed in the Subdivision lmprovement
Agreements, notwithstanding that such costs may exceed the estimate set forth in Exhibit
"C" attached hereto (the "Security Amount"); and
(2) Payment of the balance of the fees or provision of the Public lmprovements or
services described in the Subdivision Code (collectively, "Fees"), in the amount required in
accordance with the Subdivision Code, as determined appropriate by the Director of Public
Works.
This Lien secures the Obligations and the remedies provided herein for breach of the
Obligations.
B. For so long as title to the property remains subject to this Lien Agreement, Owner
shall not: (1) commence work other than grading on any portion of the Public improvements
except as necessary to correct or prevent threats to the public health, safety or general welfare
with the consent of the City; or (2) sell or permit the sale of any lot shown on the Final Map.
Notwithstanding the above, fee title to the entire property encumbered by this Lien Agreement
or not less than 50 lots designated on the Final Map per transaction may be sold in the
aggregate to a single purchaser, provided that the proposed purchaser, prior to assuming title to
the property, executes a new lien agreement or provides such alternative security, as may be
required by the City of Menifee and executes a new Subdivision lmprovement Agreement(s)
with the City.
C. Prior to commencing the installation and/or construction of any portion of the Public
lmprovements required by the Subdivision lmprovement Agreements, Owner shall deposit fees
for inspection, tests and other related purposes, and shall substitute other forms of security
satisfactory to City in place of this Lien Agreement. Grading of the Property shall not be
considered construction of the Public lmprovements for the purposes of this Lien Agreement
and Owner is not required to substitute other forms of security in place of this Lien Agreement
prior to commencing grading.
E. Owner shall provide all substitute forms of security in the amounts and for the
purposes set forth in the Subdivision lmprovement Agreements, except that the amounts shall
be calculated using the estimated cost of the Public lmprovements at the time of substitution,
as ascertained by City.
F. Owner shall substitute acceptable security for this Lien Agreement and commence
construction of the Public lmprovements required by the Subdivision lmprovement Agreements
within three (3) years following the date of recordation of the Final Map. At its sole discretion,
the City may grant up to three extensions of time for one year each. For each extension of time,
Owner shall provide a title insurance policy and current title report from a title company
approved by the City, and issued within 50 days prior to the request for an extension of time,
that documents that Owner is the record owner of the real property to be divided as identified
on the Final Map and the real property to be divided is not subject to any mortgages, deeds of
trust, or judgment liens.
G. Owner shall pay the Fees related to the work required by the Subdivision
lmprovement Agreements for which the Fees are required prior to issuance of any building
permit or, if permitted by the City, prior to occupancy.
H. Owner agrees that if suit is brought upon this Lien Agreement, all costs and
reasonable expenses and fees incurred by the City in successfully enforcing Owner's obligations
shall be paid by Owne; including attorneys' fees, and that, upon entry of judgment, all such
costs, expenses and fees shall be taxed as costs and included in any judgment rendered.
l. Owner agrees to indemnify, and hold harmless, the City, its officers, employees and
agents from any liability whatsoever based or asserted upon: (i) any act or omission of Owner,
its employees and agents relating to or in any way connected with the accomplishment of work,
obligations, or performance of service under this Lien Agreement; or (ii) the approval of this
Lien Agreement. As part of the foregoing indemnity, Owner agrees to protect and defend, with
counsel selected by City, at Owner's own expense, including attorneys' fees, the City, its officers,
employees and agents in any legal action based upon such alleged acts or omissions.
ll. City's Performance and Obligations
A. Following (1) City's approval of the substitute forms of security submitted by Owner; (2)
deposit by Owner of fees for inspections, tests and other specific purposes; and (3) Owner's
payment or other performance of the obligations encompassed by the Subdivision
lmprovement Agreements, performance of which are secured by this Lien Agreement, City shall
release the Property from the provisions of this Lien Agreement, and shall execute any
necessary release to enable Owner or its transferee to clear the record of title of the Property
so released of the lien herein imposed.
B. ln no instances shall this Lien Agreement compel the City to construct the required
Public lmprovements.
lll. Owner's Representations and Warranties
Owner represents and warrants that no lots within the Property have been sold, no
construction permits (including but not limited to grading permits and building permits) have
been issued and are active for all or part of the Property, and no construction of any of the
Public lmprovements has commenced.
lV. Effect of Lien Agreement
A. From the date of recordation of this Lien Agreement, a lien shall attach to the
Property which shall have the priority of a judgment lien in an amount necessary to discharge
all obligations contained in the Subdivision lmprovement Agreements and any associated Fees.
Under no circumstances shall the City agree to subordinate the lien.
B. Owner shall have the right to convey or sell fee title to the entire property, or a
portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees in writing
to accept and be bound by the terms and provisions of this Lien Agreement, the applicable
Subdivision lmprovement Agreements, and the Fees, or has provided alternative security
acceptable to the City. Any new lien agreement entered into by a purchaser of the Property
must provide for completion of the Public lmprovements by the same date as is specified
herein.
C. This Lien Agreement shall expire upon release of the Property by the City, except that
Owner's obligation to commence the Public lmprovements within three (3) years from the date
of recordation of this Lien Agreement (or such date as may have been extended in accordance
with the Subdivision Code), as described in Section I (F) above, shall not expire but shall remain
in full force and effect until satisfactory completion of the Public lmprovements in full
compliance with the Subdivision lmprovement Agreements.
D. Notwithstanding any provisions of the Subdivision Code to the contrary, so long as this
Lien Agreement is utilized for security as described herein, the City is not obligated to accept
offers of dedication for street or drainage purposes on the property.
V. Events of Default
Upon the occurrence of any one of the following events, Owner shall be deemed in default
hereunder:
A. Filing of any proceedings or action by or against Owner to declare Owner bankrupt or
to appoint a receiver or trustee for Owner or to make an assignment for the benefit of creditors
or to do anything else of a similar nature or purpose under any state or federal bankruptcy or
insolvency laws, if such proceedings or actions are not discharged within (60) days.
B. Levy of any attachment or writ of execution against Owner and the Property whereby
the Property is taken or occupied or attempted to be taken or occupied by someone other than
Owner and such attachment or execution is not released within 60 days.
C. Sale of any lot shown on the Final Map prior to release of the lien created by this Lien
Agreement, except as provided in subparagraph lV (B).
D. Request by Owner of issuance by the Department of Real Estate of the Final
Subdivision Public Report for the Property.
E. Breach by Owner of any other term or condition of this Lien Agreement or the
Subdivision lmprovement Agreements or Owner's failure to fully and faithfully discharge its
obligations hereunder within the time specified in Section Vl below.
All References to Owner in this section shall be deemed to include Owner's successors,
assignees, and transferees.
Upon the occurrence of any of the events described in Section V, above, City may declare a
breach of this Lien Agreement by if Owner does not cure such violation within 90 days after
Owner's receipt of written notice from the City (or, if not curable within 90 days, within such
period of time as is reasonably necessary, but in no event more than 180 days, provided
Developer diligently commences and pursues such cure and indemnifies the City for all related
costs, of whatever kind) and City may exercise any one or more of the following remedies:
A. Pursue any or all if the remedies provided in the Subdivision lmprovement
Agreements;
B. Enforce this lien by appropriate action in court or as provided by law and in the event
of enforcement is by action in court, the Owner agrees that the amount of said lien shall include
reasonable attorneys'fees which shall be taxed as a cost in any suit for such enforcemenq
C. Estimate the cost of the work required to complete the Public lmprovements, and all
fees, and foreclose said lien in said amounU
D. lnitiate proceedings for reversion of the Property within the land division to acreage,
at the expense of the Owner, in accordance with the provisions of the Subdivision Map Act;
E. Pursue any other remedy, legal or equitable, for the foreclosure of a lien. Owner, its
heirs and assigns, shall pay reasonable attorneys'fees to be taxed as cost in said proceedings.
Vll. General Provisions
A. Recordation. This Lien Agreement shall be recorded by City with the County Recorder
immediately following execution of this Lien Agreement indexed by (1) all parties hereto, and (2)
all parties having any record title interest in the subject real property, pursuant to Government
Code Section 66436, acknowledge subordination of their interest of this Lien Agreement.
B. Continsencv. This Lien Agreement shall not take effect until it has been approved by
the City Council of the City of Menifee
Vl. Citv's Remedies
C. Entire Agreement. This Lien Agreement together with all exhibits and other
agreements expressly referred to herein, constitutes the entire agreement between the parties
with respect to the subject manner contained herein. All prior or contemporaneous agreements,
understandings, representations, warranties, and statements, oral or written are superseded.
D. Further Assurances. The parties agree to perform such further acts and to execute
and deliver such additional documents and instruments as may be reasonably required in order
to carry out the provisions of this Lien Agreement and the intentions of the parties.
E. Governing Law. This Lien Agreement shall be governed, interpreted, construed,
and enforced in accordance with laws of the State of California.
F. Headings. The captions and section headings used in this Lien Agreement are inserted
for convenience of reference only and are not intended to define, limit or effect construction or
interpretation of any term or provision hereof.
G. Modification, Waiver. No modification, waiver, amendment or discharge of this Lien
Agreement shall be valid unless the same is in writing and signed by all parties.
H. No Other lnducement. The making, execution and delivery of this Lien Agreement
by the parties hereto have been induced by no representations, statements, warranties, or
agreements other than those expressed herein.
l. Severabilitv. lf any term, provision, covenant, or condition of this Lien Agreement is held
to be invalid, void or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this Lien Agreement shall not be effected thereby, and each term,
provision, covenant, or condition of this Lien Agreement shall be valid and enforceable to the
fullest extent permitted by law.
CITY OF MENIFEE,
a M unicipal Corporation
of the State of California
By
Name
Its: City Manager
ATTEST.
k
APPROVED AS TO FORM
rney
DIAMOND BROTHERS FIVE PARTNERSHIP, LP
a California limited partnership
By:
Name:
Its:
Chia o-
General Partner
lt/obt-r(
ero 4#r.-totrrol-
ACKNOWLEDGMENT
State of California
County of Los Angeles )
On 9 /27 /zozrt before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared 6q L n
who proved to me on the ba satisfactory evidence to person(s name(s) is/r
subscribed to the within instrument and acknowledged to me that he/shc#rufexecuted the same in
his/he/lhsi?Ethorized capacity(ies), and that by hisAurTfiEtt 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.(9
F(J
tD
Signature (Seal)
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
valid of that document.
KAILIN ZHANG
c0MM,..2277300
NOTARY PUBLIC.CALIFORNIA
LOS ANGELES COUNIY
T,ermMy 2023Exp.14,Fehuary
Lie^ Ag"'-t'"qr
EXHIBIT "A"
LEGAT DESCRIPTION
FOR TRACT NO.32102-1
LIEN AGREEMENT
BEING THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT NO. 05221, RECORDED
NOVEMBER 26,2OO8 AS INSTRUMENT NO. 2008-0627851 OF OFFICIAL RECORDS OF RIVERSIDE COUNW,
STATE OF CALIFORNIA, LOCATED WITHIN THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST OF SAID PARCEL B OF SAID LOT LINE ADJUSTMENT NO. 05221 ALSO
BEING ON THE CENTERLINE OF LINDENBERGER ROAD (50 FEET HALF WTDTH) AS SHOWN ON SAtD LOT
LINE ADJ USTMENT NO. 05221.;
THENCE ALONG SAID CENTERLINE AND ALONG THE WEST LINE OF SAID PARCEL B, NORTH OO"3O'25"
EAST, 2,549.89 FEET TO THE NORTH WEST CORNER OF SAID PARCEL B:
THENCE LEAVING SAID CENTERLINE AND WEST LINE, SOUTH 89"01'07'' EAST, 5O.OO FEET TO THE
EASTERLY RIGHT OF WAY OF SAID LINDENBERGER ROAD;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, SOUTH 00"30'26'' WEST, 282.43 FEET;
THENCE SOUTH 39'52'38' EAST, 26.24 FEET;
THENCE SOUTH 89"29'32' EAST, 77.99 FEET;
THENCE NORTH 51"50'53" ERSI 32.02 FEET;
THENCE SOUTH 89"29'32" EAST,56.OO FEET;
THENCE SOUTH OO"3O'28" WEST, L4L.82 FEET, TO THE BEGINNING OF TANGENT CURVE CONCAVE CAVE
EASTERLY, HAVING A RADIUS OF 272.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 203.69 FEET THROUGH A CENTRAL ANGLE OF 42"54'23" TO A
NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS NORTH 47"36'05" EAST;
THENCE ALONG SAID NON-TANGENT LINE NORTH 71"23'47" EAST, 105.40 FEET;
THENCE LEAVING SAID NON-TANGENT LINE SOUTH 89"01'07'' EAST, 39O.OO FEET;
THENCE SOUTH 72"15'OO'' EAST, 55.85 FEET;
THENCE NORTH 34"50'OO" EAST, 14.52 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 272.0A FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE 46.59 FEET THROUGH CENTRAL ANGLE OF 09"48'53" TO A
NON-TANGENT LINE TO WHICH A RADIAT LINE BEARS NORTH 64"58'53" WEST;
THENCE ALONG SAID NON-TANGENT LINE SOUTH 64'58'53" EAST, 56.00 FEET;
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THENCE LEAVING SAID NON-TANGENT LINE SOUTH 79"49'47" EAST, 126.32 FEET;
THENCE SOUTH 34"50'OO" WEST, 318.47 FEET;
THENCE SOUTH 55"10'OO' EAST, 176.00 FEET;
THENCE NORTH 34"50',00" EASI 13.11 FEET;
THENCE SOUTH 55"10'OO" EAST, 283.81 FEET;
THENCE SOUTH 54"08'21" EAST, 57.71 FEET;
THENCE SOUTH 55"10'OO" EAST, 61.24 FEET;
THENCE SOUTH 51"40'OO" WEST, 17.85 FEET;
THENCE SOUTH 36"37'26" WEST, 116.62 FEET;
THENCE NORTH 75"10'OO' WEST, 5.73 FEET TO THE BEGINNING OF A NON.TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEETTO WHICH A RADIAL LINE BEARS NORTH 75"08'07''
WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39"58'07"
TO A NON.TANGENT LINE TO WH]CH A RADIAL LINE BEARS NORTH 35"10'OO" WEST;
THENCE ALONG SAID NON-TANGENT LINE SOUTH 35"10'OO'' EAST, 33.12 FEETTO THE NORTHWESTERLY
RIGHT OF WAY LINE OF DOMENIGON! PARKWAY;
THENCE LEAVING SAID NON-TANGENT LINE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHTOF
WAY LINE, SOUTH 34"22'33" WEST, 794.48FEET;
THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE, SOUTH 85"22'55" WEST, 58.84 FEET TO
THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID LINDENBERGER ROAD;
THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE NORTH 55"37'51" WEST,
440.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 811.53 FEETTO WHICH A RADIAL LINE BEARS NORTH 32"47'27" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 619.35 FEET, THROUGH A CENTRAL ANGLE OF 43"43'40"
TO THE EASTERLY RIGHT OF WAY LINE OF SAID TINDENBERGER ROAD;
II{ENCE SOUTH ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 00"30'26" WEST, 161.47 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,150.00
FEET, TO WHICH A RADIAL LINE BEARS NORTH 66'26'05'' EASI SAID POINTALSO BEING ON THE
WESTERLY RIGHT OF WAY LINE OF SAID LINDENBERGER ROAD;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT
OF WAY LINE AND ALONG SAID CURVE 330.93 FEET, THROUGH A CENTRAL ANGLE OF 16'29'15'';
THENCE SOUTH 07"5L'57" EAST, 5.75 FEET;
20F3
THENCE SOUTH 36"L5',47" EASI 93.88 FEET;
THENCE SOUTH 78"08'03" EAST, 24.84 FEET TO THE BEGINNING OF A NON.TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 1,150.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 44"O3'10" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, 152.93 FEET, THROUGH A CENTRAL ANGLE OF 07"37'LO";
THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 53"34'OO" EAST 104.22 FEET;
THENCE SOUTH 55"37'26" EAST, 259.88 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, SOUTH 07"03'02'' EAST, 45.28 FEET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID DOMENIGON] PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 639.79 FEET TO
THE SOUTHERLY LINE OF SAID PARCEL B OF SAID LOT LINE ADJUSTMENT;
THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE AND ALONG SAID SOUTHERLY LINE,
NORTH 89"18'52" WEST, 374.82 FEETTO THE POINT OF BEGINNING.
CONTAINING 43.630 ACRES, MORE OR LESS.
THE REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
PREPARED UNDER THE SUPERVISION OF:
I /rc /,*-
ROBERT SCIPIOBLUME
P.L.S. NO.9154
REG. EXP. O3/3712L
DATE
No 9154
S
LA
CAu
-/.
o_
30F3
LEGAL DESCRIPTION
FOR TRACT NO.32102
LIEN AGREEMENT
BEING THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT NO. 05221, RECORDED
NOVEMBER 26,2008 AS INSTRUMENT NO. 2008-0627581 TOGETHER WITH A PORTION OF PARCEL 4 OF
LOT LINE ADJUSTMENT NO. 4874, RECORDED JUNE 24, 2OO5 AS INSTRUMENT NO. 2005-0501.831 BOTH
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA LOCATED WITHIN THE EAST HALF
OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 8 OF SAID LOT LINE ADJUSTMENT NO.
05227, SAID CORNER ALSo BEING ON THE CENTERLTNE OF LTNDENBERGER ROAD (50 FEET HALF WTDTH)
AS SHOWN ON SAID LOT LINE ADJUSTMENT NO.05221;
THENCE SOUTH 89"O1'O7" EAST 5O.OO FEET ALONG THE NORTH L]NE OF SAID PARCEL B SOUTH TO THE
EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
THEI{CE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL B AND THE NORTH LINE OF SAID
PARCEL A, SOUTH 89"01'07" EAST, 1,263.35 FEET;
THENCE ALONG THE WEST LINE OF SAID PARCEL A AND THE WEST LINE OF SAID PARCEL 4 OF SAID LOT
LINE ADJUSTMENT NO. 4874 NORTH 00"32'58'' EASI 325.23 FEET;
THENCE LEAVING SAID WEST LINES SOUTH 80'07'02" EAST, 449.45 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1,2OO.OO FEET TO WHICH A RADIAL LINE
BEARS NORTH 80'07'02" WEST;
THENCE SOUTHERLY ALONG SAID CURVE ,822.39 FEET THROUGH A CENTRAL ANGLE OF 39'15'58";
THENCE SOUTH 29"23'OO'' EAST, 81..13 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTH EASTERTY, HAVING A RADIUS OF 2,076 FEET, TO WHICH A RADIAL LINE BEARS NORTH 32"L6'L7"
WEST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT OF WAY LlNE, 846.14 FEET
THROUGH A CENTRAL ANGLE OF 23"2L'IO'';
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 125.85
FEET;
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THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 3S"10'OO" WEST, 33.12 FEET TO A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, TO WHICH A RADIAL
LINE BEARS SOUTH 35"10'OO" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE, 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39"58'07"
TO A NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS NORTH 75"O8'O7" WEST;
THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT LINE, SOUTH 75"10'OO'' EAST, 5.73 FEET;
THENCE LEAVING SAID NON-TANGENT LINE, NORTH 36"37'26" EAST, 116.62 FEET;
THENCE NORTH 51"40'OO" EAST, 1.7.85 FEET;
THENCE NORTH 55"1.0'OO'' WEST, 67,24 FEET;
THENCE NORTH 64"A8'2L" WEST, 57,7LFEEI;
THENCE NORTH 55"10'00" WESI283.81 FEET;
THENCE SOUTH 34"50'OO'' WEST, 13.11. FEET;
THENCE NORTH 55"10'OO" WEST, 176.00 FEET;
THENCE NORTH 34"50'OO" EAST, 318.47 FEET;
THENCE NORTH 79"49'47" WEST, L26.32FEET;
THENCE NORTH 64"58'53'' WEST, 56.00 FEETTO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 272.00 FEET, TO WHICH A RADIAL TINE BEARS NORTH
64"58'53" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE,46.59 FEET THROUGH A CENTRAL ANGLE OF 09"48'53'';
THENCE SOUTH 34"50'OO" WEST, IA.52 FEET;
THENCE NORTH 72"L5'OO" WEST, 55.85 FEET;
THENCE NORTH 89'01'07" WEST, 39O.OO FEET;
THENCE SOUTH 7I"23'47" WEST, 105.40 FEETTO THE BEGININNING OF A NON-TANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 272.00 FEET TO WHICH A RADIAL LINE BEARS NORTH
47"36'05" EAST;
THENCE NORTHERLY ALONG SAID CURVE, 203.69 FEET THROUGH A CENTRAL ANGLE OF 42"54'23'';
THENCE NORTH OO'30'28'' EAST, 141.82 FEET;
THENCE NORTH 89"29'.32" WESI 56.00 FEET;
THENCE SOUTH 5]."50'53'' WEST,32.02 FEET;
THENCE NORTH 89"29'32" WEST, 77,99 FEE-I;
THENCE NORTH 39'52'38" WEST, 26.24 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID
LINDENBERGER ROAD;
20F 3
THENCE NORTHERLY ALONG SAID EASTERLY RTGHT OF WAy LtNE, NORTH 00"30',28,' EASI 282.41 FEET
TO THE TRUE POINTOF BEGINNING
CONTAINING 32.81-5 ACRES, MORE OR LESS.
THE REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL IAND SURVEYORS ACT.
PREPARED UNDER THE SUPERVISION OF:
ROBERT DATE
P.L.S. NO.91s4
REG. EXP. O3|3L/2L
SC
No. 9154
30F3
EXHIBIT ,'8" - LIST OF PUBTIC IMPROVEMENTS AND ESTIMATED COSTS
Menifee Village - Tract 32102-1 and Tract 32102
lmprovement Cost Estimates 8lL4/2020 Revised
Tr 32t02-L Dwg No
1 lmprovements
Streets and Drainage
Street Lights
Signing and Striping
RCFCD Drainage Facilities
Domestic Water
Recycled Water
Sewer
sg,336,ooo
s6,454,000
s5o9,ooo
s663,500
St 91,5oo
s518,ooo
19-053
19-0s3S
19-053St
19-0s3SS
19-055SD
19-053U
19-053U
19-053U
Tr 32LO2
$3,314,000
s2,235,000
So
s582,000
s107,000
S390,ooo
Dwg No.
19-056
19-0s6S
r.9-0s6sL
19-056SS
19-056U
19-0s6U
19-056U
TOTAL
S11,65o,ooo
sg,6gg,ooo
s5o9,ooo
s1,245,500
S298,500
S908,ooo
2 Monument Bond
NOTE:
The lmprovement Estimated Costs include the City
required 2O%o as required by Menifee Municipal Cod 7.80.050
s185,760 TR 32102-1 s161,280 TR 32102
S11,997,040
Total for Lien in Lieu Bond S11,997,0a0
O '1,b ' YD
EXHIBIT ..C"
DOVERSPIKE & ASSOCTATES, INC.
Reo/ Estote Approisers. Consuifonls & Brokeroge
4i919 Moreno Rood
Iemeculo, CA92590
Tel: 95 I -67 6-4 5A I - Fox; 95 l -667-3462
August 15,2020
Diomond Brother Five Portnership, Lp
c/o Ron Sullivon
3200 E Guosti Rood # 100
Ontorio, CA91761
Re A 256-lot sing/e fomily subdivision being opproised os o fino/ mop locofed on 180.58
ocres of land with o communify focilifies disfn'ct (CFD)considered, locofed on the norfh
side of Domenigo ni Parkwoy bofh eost ond wesf of Lindenberger Rood. in fhe City of
Menifee, Riverside Counfy, CA g2SB4. ApNs: 340-050-032 and 034.
Deor Sir:
As requested, I hove performed on opproisol using o Restricted Approisol formot to
opine the Prospective Morket Volue of the obove referenced subject property considering o
CFD to be ploced on the subject property by the new buyer for bonding purposes. The depth
of discussion contoined within this report is specific to the needs of the itient. The opproiser is
not responsible for unouthorized use of this report.
Bosed upon the herein described investigotion ond onolyses, I om of the opinion thotthe Prospective Morket Volue of the fee simple estote interest in the underlying lond os o 256-lot single-fomily subdivision with on opproved finol mop for bonding purpot"s, subject, to the
Certificotion. the Assumptions ond Limiting Conditions, ony ossumptions or conditions noted
within the Site Overview section, ond the Definitions stoted herein, os of Augu sl 1l,2120will be:
***$l 2,766,000***
Given the foct thot this opproisol is being used to support the sole of the subjectproperty for bonding purposes, no Exposure Time onolysis is included.
Thonk you for the opportunity to serye your reol estote opproisol needs. Should youhove ony questions regording ony port of this opproisol report, pleose coll me of your
convenience.
Respectfully submitted,
R tr"en-e*#-
Roger Doverspike, MAI
Stote Certified Generol Approiser
Lic. #AG004194
20-014
DOVERSPIKE & ASSOCIATES INC.
AGREEMENT
FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TR32102; lP19-056U
This Agreement for Construction of Sewer System lmprovements ("Agreement") is made and entered
into by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH
FIRST. Developer, as part of the City's consideration of the lmprovement Plans known as lP19-056U,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and ThirW Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and speciflcations which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or rts successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director / City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of Three Hundred Ninetv Thousand and no/100 Dollars, $jglJqqQ, ("Estimated Cost"). Prior to
commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and
licenses and give all necessary and incidental notices required for the lawful construction of the work and
performance of Developer's obligations under this Agreement. Developer shall conduct the work in full
compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any improvement security
guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and
fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including
reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed
as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for
making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any ofiicer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement pnor to the completion
and acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected ofiicials, ofiicers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufiicient sureties or increase the amount of said improvement
security, or both, within ten ('10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the
work contemplated io be done under this Agreement, extensions of time may be granted in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the vaiidity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaiO tien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under thisAgreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform allwork required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
ArIy Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and allof the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
+r ByDateds
Dated
CITY OF MENIFEE
By
Biil zi
ATTEST:
Ma
,2020
2020
e iao-Tu
Partner
Diamond Brothers Five
l/rh;,-,| 9e'
Partnerhsio. LP
,lti."t,l,,-rt
CITY OF MENIFEE
By:
City ineer
,?.c.r QSPo
Mayor
APPROVED AS TO FORM:
Melch Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zoz,:before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on
n
the satisfactory evidence to person(s name(s) is/r
subscribed to the within instrument and acknowledged to me that he/shclthsfexecuted the same in
his/hqlttttemhorized ca pacity( ies ), a nd that by h isAu+llEI 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 conect.
WITNESS my hand and officialseal.rD
F0
(D
KAILIN ZHANG
COMM ..2277 300IIOIARYPUBtIC.CAIIFORT{IAr0sANGETESCOUNTY
Term Erp 14,N23
Signature (Seal)
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
valid of that document.
ly,-"*l {''
gysleu l"l
lh,- C,^l*,.hv't o{ &'*'
rotnl,.^tt1f2
AGREEMENT
FOR THE PLACEiIENT OF SURVEY MONUMENTS
Tract32102
This Agreement for placement of Survey Monuments ("Agreement") is made and entered into by and
between the City of Menifee, State of California, hereinafter called City, and Diamond Brothers Five
Partnership, a Limited Partnership, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division
known as TR 32102, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and
materialsnecessarytoset'withinfromthedatethisAgreementisexecuted,
tn a good and workmanlike manner, all survey monuments and tie points and furnish to the City Surveyor tie
notes for said tract in accordance with standards set forth in Riverside County Ordinance No. 461, or any
successor thereto, and Section 8771 el seq. of the Business and Professions Code of the State of California.
The Developer further agrees to pay, within 30 days of presentation to Developer of the final billing of any
surveyor or engineer for work performed by him as provides for rn Article 9 of Chapter 4, Division 2 of Title 7 of
the Government Code of the State of California (commencing with Section 66495). Developer further agrees
that if payment to the Surveyor or engineer is not made within 30 days, the surveyor or engineer notifies City
that he has not been paid for setting the final monuments, and the City of Menifee, pursuant to Section 66497
of the Government Code, after providing Developer with an opportunity to present evidence as to whether or
not the surveyor or engineer has been paid, orders that payment be made by City to the engineer or surveyor,
Developer will, upon demand, and without proof of loss by City, reimburse City for any funds so expended.
Notwithstanding any other provision herein, the determination of City as to whether the surveyor or engineer
has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest in the
Agreement or any portion thereof. Allthe above required work shall be done under the inspection of and to the
sjtisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as
complete by the City Engineer. Developer further agrees to maintain the above required improvements for a
period of one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer
further agrees that all underground improvements covered by this Agreement shall be completed prior to the
paving of any roadway. The estimated cost of said work and improvements is the sum of One Hundred Sixty
One Thousand Two Hundred Eighty and no/100 Dollars, $161.280.00, ("Estimated Cost"). Prior to
commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and
licenses and give all necessary and incidental notices required for the lawful construction of the work and
performance of Developer's obligations under this Agreement. Developer shall conduct the work in full
compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability,
pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement,
including, but not limited to fees for checking, filing, and processing of improvement plans and specifications
and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final
map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or
will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or
relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that,
if suit is brought upon this Agreement or any improvement security guaranteeing the completion of the road
and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully
enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon
entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment
rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any
action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, ofiicers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnffication includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty
eight (aB) hours before beginning any work. Developer shall provide the City Engineer or his designee
reasonable access to facilities for obtaining full information with respect to the progress and manner of work
and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the City
Engineer, to terminate all rights of Developer as a result of such default. The determination by the City
Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated,
or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who
may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be
in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the
Developer to commence or complete construction shall not relieve the Developer or surety from completion of
the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside
County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Parl4 of Division 3 of the Civil Code of the State of California. Developer agrees to
renew each and every bond, lien, or other approved form of improvement security, with good and sufficient
sureties or increase the amount of said improvement security, or both, within ten (10) days after being notified
by the Public Works Director / City Engineer that the sureties or amounts are insufiicient. Notwithstanding any
other provisions herein, if Developer fails to take such action as is necessary to comply with said notice,
Developer shall be in default of this Agreement unless all required improvements are completed within ninety
(90) days of the date on which the Public Works Director / City Engineer notified Developer of the insufficiency
of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
E!!v Developer
City of Menifee
298/,4 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and allof the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and theirsuccessors, heirs, personal representatives, orassigns.
This Section shall not be construed as an authorization for any Pafi to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated hrr^tt aZ ,2ozo By:
Dated.
CITY OF MENIFEE
By ry
ATTEST:
2020
hiao-Tu
General Partner
Diamond Brothers Five
CITY OF MENIFEE
\
City rneer
l/,hr'>/ e, 'f/h)
By:\ \fio. cg\ o.\crd flL., asD
Biil ayor
APPROVED AS TO FORM
Melch
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDG
AND EXECUTED IN TRIPLICATE
By
rney
NOTARY
Chan g
LP
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on
n
the satisfactory evidence to pe name(s) is/r
subscribed to the within instrument and acknowledged to me that he/shcltlrfexecuted the same in
h is/heglhdt€Elhorized capacity(ies), and that by hisAraltffi signature(s)on the instrument theperson(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I ceaify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and conect.
KAILIN ZHANG
WITNESS my hand and officialseat c0MM...22 77300
NOIARY PuEt.tc.cAUF0RiltA
LOS ANGEI,ES COUNW
Tarm Erp.Fobruary 14, ZOa
Signature (Seal)
A notary public or other 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
of that document
A6*n*,e^+ 4r lh. Tlacou** 01 e*/ /auqp*,'ft
AGREEMENT
FOR THE CONSTRUCTION OF ROADAND DRAINAGE I]VIPROVEMENTS
Tract Map 32102, lPl9-0565, 19-056SL, 19-05635
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and
entered into by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH
FIRSt Developer, as part of the City's consideration of the final map for that certain land division
known as lP19-056 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and
materials necessary to perform and complete,within Seven Hundred and Thirty Days from the date this
Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in
accordance with those Road Plans for said land division which have been approved by the Public Works
Director / City Engineer, a copy of which are on file in the office of the City of Menifee's Public Works /
Engineering Department, and do all work incidental thereto in accordance with the standards set forth in City-
adopted ordinances and City Standards and Specifications, as amended, or its successor, which are hereby
expressly made a part of this Agreement. All the above required work shall be done under the inspection of and
to the satisfaction of the Public Works Director / City Engineer, and shall not be deemed complete until
approved and accepted in writing as complete by the Public Works Director / City Engineer. Developer further
agrees to maintain the above required improvements for a period of one year following acceptance by the City,
and during this one year period to repair or replace, to the satisfaction of the Public Works Director / City
Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all
underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.
The estimated cost of said work and improvements is the sum of Two Million Two Hundred and Thirty-Five
Thousand and no/100 Dollars,$ 2,235,000.00 , ("Estimated Cost"). Prior to commencing any work,
Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all
necessary and incidental notices required for the laMul construction of the work and performance of
Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the
regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any security guaranteeing
the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred
by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's
fees, and that, upon entry of judgement, all such costs, expenses and fees shall be taxed as costs and
included in any judgment rendered. Developer, not the City, shall be legally responsible for making any
payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by Ci$, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title'15 (commencing with Section 3082) of Part4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufiicient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufficiency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys' and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Aftorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned, provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or tra nsferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
A.tIv Developer
City of Menifee
298/4 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to
exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not
relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The
foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to
the benefit of the parties, and their successors, heirs, personal representatives, or assigns. This Section shall
not be construed as an authorization for any Party to assign any right or obligation.
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated 2020 By.
Gene Partner
Diamond Broth
Dated:
CITY OF MENIFEE
ATTEST.
h anwa
2020
tr/,A"rJ
CITY OF MENIFEE
By:
utty in eer
APPROVED AS TO FORM
erE Five Partnerhsig, LP
5oo fikrt^f_---)
z/-
o. Cfi o.c,cr\ cr\ qd,Q.6 ., QsD
By:
ing, c
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
l/)-U
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozo before me,Kailin Zhang "Notary public"
(insert name and title of the officer)
personally appeared
who proved to me on the satisfactory evidence to person(s name(s) is/rsubscribed to the within instru ment and acknowledged to me that he/shc#ufexecuted the same in
h is/hqgtthtirZElhorized ca pacity(ies), and that by hisAaltED sig nature(s)on the instrument theperson(s), or the entity upon behatf of which the person(s) acted,executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoingparagraph is true and conect.
WITNESS my hand and officialseal.(D
F
U
m
KAILIN ZHANG
c0MM...2277300
I NOIARY PUBI.Ic.cATIFORNIA
tOS ANGEIES COUNIY
lvly Term fu February 14,2023
ul
Signature (Seal)
A notary public or other officer completi ng th is
certificate verifies on ly the identity of the individ ual
who si g ned the docume nt to which this certificate is
attached,and not the truthfulness,accuracy or
of that docume nt.
u ,r4[rraA+ 4, ]L b^slr^-r$, {t H,"'(
fw2he{7f"l Prainy- luPd
z
AGREEMENT
FOR THE CONSTRUCTION OF RECYCLED WATER SYSTEM IMPROVEMENTS
TR 32102; IP19-056U
This Agreement for Construction of Water System lmprovements ("Agreement") is made and enteredinto by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the lmprovement Plans known as lP19-056U,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and specifications which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director / City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of One Hundred Seven Thousand and no/100 Dollars, $l-9fJqQQ.99, ('Estimated Cost"). Prior to
commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and
licenses and give all necessary and incidental notices required for the lawful construction of the work and
performance of Developer's obligations under this Agreement. Developer shall conduct the work in full
compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any security guaranteeing
the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred
by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's
fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included
in any judgment rendered. Developer, not the Ci$, shall be legally responsible for making any payment and/or
taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property
in.;ured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least for$ eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Parl 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufficient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufficiency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH. The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of laq
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned, provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
Eilv Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH. City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relaeve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated
Dated
M
{
CITY OF MENIFEE
By -)/.
Biil
ATTEST:
2020
2020
By:
iao-Tu C n g
Ge artner
Diamond Broth
l/o+"'io,(
ers Five Partnerhsi
9, hk,hhua
p, LPt
CITY OF MENIFEE
utry rneer
r'.- (nor\.-cl\Lf cx<\,?.€., ( iSg
By:
Mayor
APPROVED AS TO FORM
By
Melching,C rney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on
,t
the satisfactory evidence to person(name(s) is/r
subscribed to the within instrument and acknowledged to me that he/shclthrufexecuted the same in
h i s/he/hl€Uthorized ca pacity( ies ), a nd that by h i sAAltEtt 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 Catifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seat.c',F
(J
m
Signature (Seal)
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
valid of that document.
rt7.noh4a4 | 8. tA. (rn,l,r.hvn of
{*yr)*t l'thle- ln|rc'."*lh
KAILIN ZHANG
COMlr,{.
NOTANY
L0s
14,N23
AGREEMENT
FOR THE CONSTRUCTION OF DOMESTIC WATER SYSTEM IMPROVEMENTS
TR 32102; lPl9-056U
This Agreement for Construction of Water System lmprovements ("Agreement") is made and enteredinto by and between the City of Menifee, State of California, hereinafter calted City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the lmprovement Plans known as lPig-056U,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and specifications which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director i City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of Five Hundred Eiohtv Two Thousand and no/100 Dollars, $ 582.000.00, ("Estimated Cost").
Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary
permits and licenses and give all necessary and incidental notices required for the lawful construction of the
work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in
full compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any security guaranteeing
the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred
by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's
fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included
in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or
taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufiicient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform allwork required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall
be served on the other par$ by mail, postage prepaid, at the following addresses:
ailr Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated d 2020 By
Pa
Ch
Diamond Brothers Five Partnerhsip, LP
U"laa*rl Suo A{h"tv,,f,v
Dated
CITY OF MENIFEE
By 1''
Biil
ATTEST:
2020 CITY OF MENIFEE
By
City E
G(.o.\Cr\., GsD
APPROVED AS TO FORM:
Melching,rney
SIGNATURES OF DEVELOPER i,IUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Q
ACKNOWLEDGMENT
State of California
County o1 Los Angeles )
On 9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared 6u L n
who proved to me on the satisfactory evidence to person name(s) is/rc
subscribed to the within instrument and acknowledged to me that he/shclthctrexecuted the same in
h is/heltHt?-uthorized ca pacity( ies ), a nd th at by h i sAeilEtt signature(s)on the instrument theperson(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 foregoingparagraph is true and conect.
flli
0
,Tj
t
WITNESS my hand and official seal.
0l
I
Signature (Seal)
A notary public or
certificate verifies
other officer completing this
only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
AJ*"t^€^l {. 4r. (,^;Jr,$to, o+
P,wr|, U,hl- SyrLx in,,nuu,.,f>
AGREEMENT
FOR THE PLACEMENT OF SURVEY MONUMENTS
Tract32102-1
This Agreement for placement of Survey Monuments ("Agreement") is made and entered into by and
between the City of Menifee, State of California, hereinafter called City, and Diamond Brothers Five
Partnership, a Limited Partnership, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division
known as TR 32102-1, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment
and materials necessary to set, within Seven Hundred and Thirtv Davs from the date this Agreement is
executed, in a good and workmanlike manner, all survey monuments and tie points and furnish to the City
Surveyor tie notes for said tract in accordance with standards set forth in Riverside County Ordinance No. 461,
or any successor thereto, and Section 8771 el seq. of the Business and Professions Code of the State of
California. The Developer further agrees to pay, within 30 days of presentation to Developer of the final billing
of any surveyor or engineer for work performed by him as provides for in Article g of Chapter 4, Division 2 of
Title 7 of the Government Code of the State of California (commencing with Section 66495). Developer further
agrees that if payment to the Surveyor or engineer is not made within 30 days, the surveyor or engineer
notifies City that he has not been paid for setting the final monuments, and the City of Menifee, pursuant to
Section 66497 of the Government Code, after providing Developer with an opportunity to present evidence as
to whether or not the surveyor or engineer has been paid, orders that payment be made by City to the engineer
or surveyor, Developer will, upon demand, and without proof of loss by City, reimburse City for any funds so
expended. Notwithstanding any other provision herein, the determination of City as to whether the surveyor or
engineer has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest
in the Agreement or any portion thereof. All the above required work shall be done under the inspection of and
to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in
writing as complete by the City Engineer. Developer further agrees to maintain the above required
improvements for a period of one year following acceptance by the City, and during this one year period to
repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of One Hundred Eighty Five Thousand Seven Hundred Sixty and no/100 Dollars, $185.760.00,
("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability,
obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful
construction of the work and performance of Developer's obligations under this Agreement. Developer shall
conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit
or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability,
pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement,
including, but not limited to fees for checking, filing, and processing of improvement plans and specifications
and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final
map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or
will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or
relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that,
if suit is brought upon this Agreement or any improvement security guaranteeing the completion of the road
and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully
enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon
entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment
rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any
action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty
eight (a8) hours before beginning any work. Developer shall provide the City Engineer or his designee
reasonable access to facilities for obtaining full information with respect to the progress and manner of work
and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the City
Engineer, to terminate all rights of Developer as a result of such default. The determination by the City
Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated,
or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who
may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be
in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the
Developer to commence or complete construction shall not relieve the Developer or surety from completion of
the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both agood and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside
County Ordinance 460 as amended to secure the claims to which reference is made in Title 1S (commencing
with Section 3082) of Parl 4 of Division 3 of the Civil Code of the State of California. Developer agrees to
renew each and every bond, lien, or other approved form of improvement security, with good and sufficient
sureties or increase the amount of said improvement security, or both, within ten (10) days after being notified
by the Public Works Director / City Engineer that the sureties or amounts are insufficient. Notwithstanding any
other provisions herein, if Developer fails to take such action as is necessary to comply with said notice,
Developer shall be in default of this Agreement unless all required improvements are completed within ninety
(90) days of the date on which the Public Works Director / City Engineer notified Developer of the insufficiency
of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts held to be unlaMul 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless speciflcally stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to thisAgreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded againit each of tne
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned, provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
elly Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Pafi to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated d 2020 By:
hi ao-C
Ge ne Partner
Diamond Brothers Five P, LP
tl/oh;ul S-.
€
PaI
<__
Jpr*l-
Dated
CITY OF MENIFEE
By
Biil
ATTEST:
2020 CITY OF MENIFEE
.Yo c\a qgcil$\o.drfr., eSgCityineer
By:
, Mayor
APPR AS TO FORM
Clerk Melching, City
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
By:
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozrt before me,Kailin Zhang "Notary Public"
(i nsert name and title of the officer)
personally appeared
who proved to me on
c_
the satisfactory evidence to person(s name(s) is/rsubscribed to the within instrument and acknowledged to me that he/shcllhryexecuted the same in
h is/hqglllctrZEtho rized capacity(ies), and that by hisA*lGtt signature(s)on the instrument theperson(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 foregoingparagraph is true and correct.
WITNESS my hand and officialseal
KAILIN ZHANG
c0MM...2277300
NO]ARY PUBTIC.CATIFORNIA
LOS ANGETES COUNW0
Term February 14,2@3
Signature (Seal)
A nota ry pu or other officer co mpleti ng rh is
certificate verifies on ly the identity of the i ndividual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
A6*""'"I fr, llu lk*vqlf o-(
l/.ovn<ve-tbSn^y
)
AGREEMENT
FOR THE CONSTRUCTION OF DOMESTIC WATER SYSTEM IMPROVEMENTS
TR 32102-1; !P19-053U
This Agreement for Construction of Water System lmprovements ("Agreement") is made and enteredinto by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the lmprovement Plans known as lP19-0S3U,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and specifications which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director / City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of Six Hundred Sixtv Three Thousand Five Hundred and no/100 Dollars, $ 663.500.00,
("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability,
obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful
construction of the work and performance of Developer's obligations under this Agreement. Developer shall
conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit
or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any security guaranteeing
the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred
by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's
fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included
in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or
taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any rnvestigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and speciflcations, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Parl 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufficient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform allwork required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
AXy Developer
City of Menifee
298/,4 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Pafi to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Auo^tl J7 ,zo2oDated By:--J
Ge ao-Tu
General Partner
h
Diamond
fte7
Brothers Five Partnerhsip, LP
9r- */b,l$'^t
Dated l 2020 CITY OF MENIFEE
By
City
CITY OF MENIFEE
By --Y,A'rl\/
Ynzm\Srfl,uavor
APPROVED AS TO FORM
By:
anwaring,Clerk Melching,Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Pe.r asp
ATTEST:
ACKNOWLEDGMENT
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
val of that document.
State of California
County of Los Angeles
9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on
L an
the satisfactory evidence to person name(s)is/r
subscribed to the within instrument and acknowledged to me that he/shclthryexecuted the same in
h i s/h e/lktlZUl ho ri zed capacity(ies), and that by hisautTffitt 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.
CIF
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Signature (Seal)
l,j* tri"ql #' /h'
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c0MM...2277300
NOTARY PUBI,IC.CAI.IFORIIIA
I.OS ANGEIES COUNTY
ZHANG
14,2023Term Exp.
AGREEMENT
FOR THE CONSTRUCTION OF RECYCLED WATER SYSTEM IMPROVEMENTS
TR 32102-1;lP19-053U
This Agreement for Construction of Water System lmprovements ("Agreement") is made and entered
into by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the lmprovement Plans known as lP19-053U,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and specifications which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director / City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materrals furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of One Hundred NineW One Thousand Five Hundred and no/100 Dollars, $-L!I!,.,919.9..99,
("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability,
obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul
construction of the work and performance of Developer's obligations under this Agreement. Developer shall
conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit
or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any security guaranteeing
the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred
by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's
fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included
in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or
taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses,
and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufficient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: ThisAgreement may be amended at any time by the mutualconsent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, condrtions, plans, speciflcations, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall havesufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shallinclude provisions requiring the assignee to post bonds or submit another form of financial security, satisfactoryto City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded againit each of theproposed lots to inform successors and assigns of the required work covered by this Agreement to beconstructed and their time frame for construction. Following any permitted assignment, hypothecation, ortransfer of the work covered by this Agreement, as set fortlr in this Section, Citylnatt reteise Devetoper from
its obligations so assigned and shall release to Developer any bonds or other iecurity posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH. This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
eity Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representativel, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated Auoutt 2 7 2020 By
U Geo e o-Tun
General Partner
Diamond
y,ra
Brothers Five Partnerhsip, LPIa +k.lw?
Dated.2020 CITY OF MENIFEE
By:
,Qc.1Qsu
ATTEST:
City
CITY OF MENIFEE
By -?JX,W
Brtt Zimm@la(,trlayor
APPROVED AS TO FORM:
By:
anwaring,ity lerk ry T. Melching Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozrt before me, Kailin Zhang "Notary public',
insert name and title of the officer)
personally appeared 6q an
who proved to me on the bas satisfactory evidence to person(s name(s) is/rcsubscribed to the within instrument and acknowledged to me that he/shclthtfexecuted the same inhis/heglhcfr€uthorized capacity( ies),and that by hisActlGt?signature(s)on the instrument theperson(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 foregoingparagraph is true and correct.
WITNESS my hand and offlcial seal CIF(J
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Signature (Seal)
A notary public o r othe r officer completing this
certificate verifies only the identity of the individua
who s igned the document to which this ce rtificate is
attached,a nd nol the truthfulness,accuracy or
va of that document.
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AGREEMENT
FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TR 32102-1; lPl9-053U
This Agreement for Construction of Sewer System lmprovements ("Agreement") is made and entered
into by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the lmprovement Plans known as !E!}Qs![,
hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary
to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed,
in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes,
manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said
distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer
system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer
system required to be constructed by this Agreement. All the above required work shall be in accordance with
those plans and specifications which have been approved by the Public Works Director / City Engineer, office
of the City of Menifee's Public Works / Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in City-adopted ordinances and City Standards and Specifications, as
amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required
work shall be done under the inspection of and to the satisfaction of the Public Works Director / City Engineer,
and shall not be deemed complete until approved and accepted in writing as complete by the Public Works
Director / City Engineer. Developer further agrees to maintain the above required improvements for a period of
one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the Public Works Director / City Engineer, any defective work or labor done or defective
materials furnished. Developer further agrees that all underground improvements covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is
the sum of Five Hundred Eiqhteen Th and no/100 Dollars.$ 518,000.00, ("Estimated Cost"). Prior
to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits
and licenses and give all necessary and incidental notices required for the lawful construction of the work and
performance of Developer's obligations under this Agreement. Developer shall conduct the work in full
compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the Public Works Director / City Engineer. Developer shall, at its sole
cost, expense and liability, pay all fees, charges, and taxes arising out of construction of the work performed
pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of
improvement plans and specifications and for inspecting the construction of said work. These fees must be
paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been
assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City
fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this
Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges
and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any improvement security
guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and
fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including
reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed
as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for
making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,
and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the subject land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufiicient sureties or increase the amount of said improvement
secunty, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufficiency of the security or the amount of the bonds, liens, or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH. Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform allwork required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against eacn of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
eXy Develooer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership, LP
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation
lN wlrNESS wHEREOF, Landowner has affixed his name, address and sear
Dated: /ruqusl 97.2020 By.v iao-Tung
General rtner
Diamond
l/ofr,/
Brothers Five Partnerhsip, LP
9*,H,4*auot
Dated 2020 CITY OF MENIFEE
By:
City neer
\nora\olu(t
CITY OF MENIFEE
By -t/BillZim Mayor
APPR AS TO FORM
Manwaring, City C Melching,
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
)
ATTEST:
By
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on
n
the satisfactory evidence to person(name(s) is/r
subscribed to the within instrument and acknowledged to me that he/shcltlrtrexecuted the same inhis/hqglhatefihorized capacity(ies), and that by hislhc;;p 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 officiatseat KAILIN ZHANO
c0MM..,2277300
NOTARY PUBTIC.CAIIFORIIIA
ros Ar{GELE3 Couifi
ID
F
(J
(D
Signature (Seal)Term Ep. trOru;y tl,202l
A notary public or other completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached nd not the truthfu ln SS,accuracy or
valid of that docu ment.
Ay*,""t 8, 1+" C*st^$\ sf S*' iffu\
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AGREEINENT
FOR THE CONSTRUCTION OF ROAO AND DRAINAGE IMPROVEMENTS
Tract Map 32102-1, lPl9-053S, 19-053SL, 19-053SS, 19{S3SD
This Agreement for Construction of Road and Drainage lmprovements ("Agreement') is made and
entered into by and between the City of Menifee, State of California, hereinafter called City, and
Diamond Brothers Five Partnership, LP, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that ce(ain land division
known as lP19-053, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and
materials necessary to perform and complete, within Seven Hundred and Thirtv Days from the date this
Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in
accordance with those Road Plans for said land division which have been approved by the Public Works
Director / City Engineer, a copy of which are on file in the office of the City of Menifee's Public Works /
Engineering Department, and do all work incidental thereto in accordance with the standards set forth rn City-
adopted ordinances and City Standards and Specifications, as amended, or its successor, which are hereby
expressly made a part of this Agreement. All the above required work shall be done under the inspection of and
to the satisfaction of the Public Works Director / City Engineer, and shall not be deemed complete until
approved and accepted in writing as complete by the Public Works Director / City Engineer Developer further
agrees to maintain the above required improvements for a period of one year following acceptance by the City,
and during this one year period to repair or replace, to the satisfaction of the Public Works Director / City
Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all
underground improvements covered by this Agreement shall be completed prior to the paving of any
roadway The estimated cost of said work and improvements is the sum of Six Mlllion Nine Hundred and
Sixty-Three Thousand and no/100, Dollars,0 6.963.000.00.("Estimated Cost"). Prior to
commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary
permits and licenses and give all necessary and incidental notices required for the lawful construction
of the work and performance of Developer's obligations under this Agreement. Developer shall conduct
the work in full compliance with the regulations, rules, and other requirements contained in any permit or
license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work
and improvements as may be required by the Public Works Director / City Engineer. Developer shall, at
its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work
performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and
processing of tmprovement plans and specifications and for inspecting the construction of said work.
These fees must be paid in full prior to approval of the final map and improvement plans, unless such
fees have not yet been assessed and are not yet due and payable. The fees referred to the above are not
necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision
and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such
other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this
Agreement or any security guaranteeing the completion of the road and drainage improvements, all costs
and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid
by Developer, including reasonable attorney's fees, and that, upon entry of judgement, all such costs,
expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not
the City, shall be legally responsible for making any payment and/or taking any action required by any
such ludgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any
accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the
completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any
persons or property injured or damage by reason of the nature of the work, or by reason of the acts or
omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities
are assumed by Developer. Developer shall defend, indemnify, and hold harmless City, its elected officials,
officers, employees, agents, and volunteers from any and all actual or alleged claims, demands,
causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to any
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, flnes, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent upon the lands of the sub,iect land division for the purpose
of completing the improvements. This permission shall terminate in the event that Developer has completed
work within the time specified or any extension thereof granted by the City. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH. Developer, its agents and employees, shall give written notice to the Public Works Director /
City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Public
Works Director / City Engineer or his designee reasonable access to facilities for obtaining full information with
respect to the progress and manner of work and shall fully cooperate with any investigation regarding the
same.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the Public
Works Director / City Engineer, to terminate all rights of Developer as a result of such default. The
determination by the Public Works Director / City Engineer of the question as to whether any of the terms of
the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be
conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any
portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to City under this Agreement or the law. The failure of the Developer to commence or complete
construction shall not relieve the Developer or surety from completion of the improvements required by this
Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs of the work and
improvements for the faithful performance of the terms and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in accordance with City-adopted ordinances to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California. Developer agrees to renew each and every bond, lien, or other approved
form of improvement security, with good and sufiicient sureties or increase the amount of said improvement
security, or both, within ten (10) days after being notified by the Public Works Director / City Engineer that the
sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such
action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all
required improvements are completed within ninety (90) days of the date on which the Public Works Director /
City Engineer notified Developer of the insufficiency of the security or the amount of the bonds, liens, or both.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts 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 the Agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys' and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under this Agreement. ln the event that City consents in writing with such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH. Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
lien 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 in writing, from time to
time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect
the validity of this Agreement or release the surety or sureties on such lien. Developer further agrees to
maintain the aforesaid lien or liens in full force and effect during the terms of this Agreement, including any
extensions of time as may be granted therein.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreemenl so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California
NINETEENTH: 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:
Atly Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Diamond Brothers Five Partnership
29875 Menifee Lakes Drive
Menifee, CA 92584
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to
exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not
relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The
foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to
the benefit of the parties, and their successors, heirs, personal representatives, or assigns. This Section shall
not be construed as an authorization for any Party to assign any right or obligation.
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: h*"st a7 ,2020 By
J ia o-
rtner
Diamond Brothers Five Partnerhsip, LP
9- ttlaJv"^h
ang
NOTARY
S<o+ [o ,2020Dated
CITY OF MENIFEE
ATTEST:
CITY OF MENIFEE
By:
City ineer
APPROVED AS TO FORM:
By:
Melching, C
\,f\ac.o \cilsd,?€.r QsD I
anwa
SIGNATURES OF DEVELOPER MUST BE ACKNOWLE
AND EXECUTED IN TRIPLICATE
2\
ACKNOWLEDGMENT
State of California
County of Los Angeles
On 9 /27 /zozo before me,Kailin Zhang "Notary Public"
(insert name and title of the officer)
personally appeared
who proved to me on the satisfactory evidence to person(name(s)is/r
subscribed to the within instrumenl and acknowledged to me that he/s@executed the same inhis/hedEt?-fihorized capacity(ies), and that by hisAalGt? sig nature(s)on the instrument theperson(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 officialseat.
Signature (Seal)
A notary public or other office t completing this
certificate verifies only the identity of the individual
who signed the docu ment to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
Arj*r,qf # lL G^A*Avn of
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