Watt Communities at Mosaic_ TR 28206, -1, -2, -3_Misc. Case 4061_Road Improvement AgreementAGREEMENT
FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
This agreement, made and entered into by and between the City of Menifee, State of California,
hereinafter called City, and Watt Communities at Mosaic. LLG , a California Limited Liability Company,
hereinafter called Developer.
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain land
division known as Miscellaneous Case4061 (forTract28206, -1. -2. -3, herebyagrees, at Developer's own
cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within 24
months 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
City Engineer, and are on file in the office of the Menifee Engineering Department, and do all work incidental
thereto in accordance with the standards set forth in Riverside County Ordinance No. 460, 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 City Engineer, and shall not be deemed complete
until approved and accepted as complete by the City. 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 shall be completed prior to
the paving of any roadway. The estimated cost of said work and improvements is the sum of
Eiqht Hundred Fourtv-Five Thousand Five Hundred and no/100 Dollars, S S845.500.00.
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 further agrees that, if suit is brought upon
this agreement or any bond 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.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss 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 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
agrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liability
or claim because of, or arising out of the acts or omissions of Developer, its agents and employees, in the
performance of this agreement or arising out of the use of any patent or patented article in the performance of
thrs agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter 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.
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 by use of traffic regulatory control methods,
rncluding, but not limrted to, stop signs, regulatory signs or signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at least 48 hours
before beginning any work and shall furnish said City of Menifee Engineering all reasonable facilities for
obtaining full information with respect to the progress and manner of work.
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 provisrons 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 because 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 law. The failure of the Developer to commence
constructron 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 this agreement is executed, a good and
sufficient improvement security in an amount not less than the estimated cost 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 Part 4
of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond
or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days
after being notified by the 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 City Engineer notified Developer of the insufficiency of the security or the amount of the
bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of
the work contemplated to be done under this agreement, extensions of time may be granted, from time to time,
by City, 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 bonds. Developer further agrees to maintain
the aforesaid bond or bonds 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: 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:
TWELFTH: 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 continuing waiver thereof.
El-ty
City of Menifee
29714 Haun Road
Menifee, CA 92586
By
ATTEST
By
Developer
Watt Communities at Mosaic LLC
2716 Ocean Park Blvd, Suite 2025
Santa Monica, CA 90405
lN wlrNESS wHEREOF, Landowner has affixed his name, address and seal.
Dated {-,2013
By
Vtt-.<- l2--r.r.Q---r*
By:
Dated:2013 CITY OF MENIFEE
By:
an G., City Engineer
CITY OF M
Scott Mann,Mayor
APPROVED ASTO FORM
By:
Bennett, City Clerk Ju H. Biggs,
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
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