2020/04/23 Golden Star Investment Properties, LLC Landscape and Irrigation ImprovementsAGREEMENT
FOR LANDSCAPB AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON-SITE LANDSCAPE IMPROVEMENTS ("Agreement") is
made and entered into as of the Z3 day of Affl tL ,z}z},by and between if," Ctfy Of'
MENIFEE, a California municipal corporation, ("City") and , Golden Star Investment Properties,
LLC, a Califomia Limited Liability Corporation ("Landowner").
WITNESSETH
l. Landowner, for and in consideration of the approval of a minor plot plan for
landscape and irrigation materials and installation ("Work") on that certain development plan
known as "Menifee Plaza",landscaping and irrigation plans (working drawings), (Plot Plan No.
2018-023), which is located on the southeast corner of Newport Road and Town Center Drive
within the Menifee Town Center Specific Plan, APN 360-080-080 and -081, (the "Property"),
agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material
necessary to perform and complete the Work and, as it relates to the
L landscape and irrigation improvements, Landowner also agrees that it shall
maintain for a period of twelve (12) months after its Building Permit has been issued or as
otherwise required by City's Community Development Director in a good and workmanlike
manner, all those landscape and irrigation improvements in accordance with those landscape and
irrigation plans for the development of said entitlement which have been approved by City's
Community Development Director, and are on file in the Office of the City of Menifee Community
Development Department, and to do all work incidental thereto in accordance with the standards
set forth in Menifee Municipal Code Chapter 9 and Menifee Municipal Code Chapter 15.04, which
are expressly made a part of this Agreement, which are attached hereto as Exhibit L to this
Agreement. All of the Work shall be done under the inspection of and, to the satisfaction of, City's
Community Development Director and shall not be deemed complete until approval of the final
inspection is made by City's Community Development Director. Approval of City's Community
Development Director of the Work and of the final planting shall be in writing. The estimated
cost of the Work is EIGHTY FIlrE THOUSAND AND FM HUNDRED DOLLARS AND
NO CENTS ($8s500.00).
3- Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such
obligations shall be paid by Landowner including reasonable attorneys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in anyjudgment
rendered.
4- To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemniff, and hold free and harmless City and City's agents, officers, and
employees, (each, an "Indemnitee") from and against any and all claims, loss, cost, damage, injury
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(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of investigation)
that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities control (collectively, the "Liabilities"), in connection with the
implementation of this Agreement. Such obligation to defend, hold harmless, and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such Indemnitee.
5- Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the Work within the time specified or any extension thereof granted by
City's Community Development Director, and upon the City's Community Development
Director's final approval of the Work.
L Landowner agrees at all times, up to the completion and written approval of the
Work by City's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
L Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner shall provide City's Community Development Director with any and all information
or any other materials, deemed reasonably necessary by the Community Development Director or
its designee, to allow the City's Community Development Director or its designee the ability to
monitor, assesso and inspect the progress and manner of the Work,
& Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the perforrnance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
Industrial Relations of the State of California, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465,466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
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L If Landowner, or 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 as have been, or may be, granted by City's Community Development Director,
or if Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such default may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. 2Ol8-023) of Landowner due
to such default. The determination of City's Community Development Director of the question as
to whether any of the terms of this Agreement or the plans and specifications have been violated
or have not been performed satisfactorily shall be conclusive upon Landowner, and any and all
parties who may have any interest in this Agreement or any portion thereof. No delay or omission
in the exercise of any right or remedy by City shall impair such right or remedy or be construed as
a waiver. City's consent or waiver of one act or omission by Landowner shall not be deemed to
constitute a consent or waiver of City's rights with respect to any subsequent act or omission by
Landowner. Any waiver of any default shall be in writing. The foregoing provisions of this
Section shall be in addition to all rights and remedies available to City under law.
10. Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufficient security as provided in subsections (l), (2), and (3) of subdivision (a) of
Section 66499 of the Government Code in any amount not less than the estimated cost of the Work
for the faithful performance of the terms and conditions of this Agreement, except that when the
estimated cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent
as determined acceptable by City's Building Director. Landowner further agrees that if the
security is a bond and if the sureties on the faithful performance bond or the amount of said bonds
in the opinion of City's Community Development Director becomes insufficient, Landowner
agrees to renew each and every 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 City's Community
Development Director that the sureties or amounts are insufficient. Notwithstanding any other
provision herein, if Landowner fails to take such action as is necessary to comply with said notice,
Landowner shall be in default of this Agreement unless all required work is completed within
ninety (90) days of the date on which City's Community Development Director notifies
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
lL It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers of any instruments or letters of credit 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's
Community Development Director either at his/her option or upon request of l.andowner, and such
extensions shall in no way affect the validity of this Agreement or release the surety or sureties on
said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of
any instruments or letters of credit in full force and effect during the term of this Agreement,
including any extensions of time as may be granted thereon.
12. Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
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13- This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
)4- With the exception of the specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
l5- [t is understood and agreed by the parties hereto that if any part, term, or provision
of this Agreement is 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 this
Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
16- This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
1L Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the perforrnance of this Agreement.
l& The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. [n the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in Los Angeles.
l_9. The person(s) executing this Agreement on behalf of the parties hereto wiurant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement.
L 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:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA92584
To Landowner:
Golden Star Investment Properties, LLC
4040 MacArthur Blvd.
Newport Beach, Ca92660
[signatures on following page]
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IN WITNESS WfDREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Golden Star Investment Properties, LLC
("Landowner")
Dated:+-2 -zo By
(s for President or other Category I Officer)
(Print Name)
C€o
(Title)
Dated:By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
Dated:By
Cheryl
Community
Approved as to Form:
Jeffrey T. Melching
City Attorney
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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 validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me,Notary Public,
(here insert name and title of the officer)
personally appeared
whoproved-tomeo,-th"b^i*f,uti,f*toryevidencetobetheperson(s)whosename(s)is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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 PERIURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
S
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A notary public or other officer completing this ceftificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me,Notary Public,
personalry appeared
(here insert name and title of the officer)
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that heishe/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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 PERIURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
S
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CALIFORiIIA ALL.PURPOSE ACKI{OWLEDGHEIIT
State of California
County of O."
L(^
On 3 ,'?^ou o
Date
personally appeared
before me,I
Gurman
Cornm. i2t68284
t{ottry Publk Celiiorns
OrangeCounty
Cornm. Expircr OcL 16, 2O2O
Place Notary Seal Above
Description of Attached
Title or Type of Document:
Number of Pages:Signe(s)
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E Corporate Officer - Title(s)I Partner - tl Limited E General
tr lndividual n Attorney in Factf Trustee E Guardian or ConservatorI Other:
Signer ls Representing:
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A notary public or other officer completing this certiflcate verifies only the identrty of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
l-/ v0 /,'-lnsert Name and Title of Officer
who proved to me on the basis of satisfactory evidence to be the personlp{whose nam2{Sf- is/pre.:yg:/PY to the within instrumen!.and acknowledged to-me tha he)#ffi "i""rt"J the same in
\:!prfl::r.?:,1:rl1".1gagac1\fif,[, and that.by his/@ffir sisnaturejs]dnthe instrument the perssn6l,or me ent[y rJpon behalf of which the person(s) acted, bxecuted the i6strument.
I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officiatseal.
g
I(
Signature
Notary Public
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Though thls secfion is optional, completing this information can deter alteration of thedocument orfraudulent reattachment of this form to an unintended document,
lo"Ar,ara ant( Tl,
Document Date:
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Other Than Named Above: --
Signer's Name:
-J Corporate Officer - Tifle(s):il Partner - tl Limited E GeneralJ lndividual E Attorney in Fact! Trustee I Guardian or ConservatorI Other:
Signer ls Representing:
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@2014 National Notary Association . www.NationatNotary.org . 1-g00-US NorARy (t-800-876-6827)Item #5907
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