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2020/12/11 Najwa Sadik Grading and Erosion Control GP 19-061 Lot 167 APN 351-062-002AGREEMENT FOR GRADING AND EROSION CONTROL PROJECTS GPl9{61 This Agreement, made and entered into by and between the City of Menifee, State of California, herein called City, and Najwa Sadik, hereinafter called Developer. WITNESSETH FIRST: Developer, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Lot 167 MP035. APN 351-062.002 , agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete, and within ?[ months from the date this Agreement is executed, to perform and complete in a good and workmanlike manner, said grading in accordance with the grading plans for the development of said land division which have been approved by the, Public Works Director / City Engineer, and are on file in the City, and do all work incidental thereto in accordance with the standards set forth in City-adopted ordinances, which are expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the Publlc Works Director / City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at 6gjwasadik@Eh-S9j94_ All of 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 approval of the grading project is made by the Public Works Director / City Engineer. The estimated cost of said work is the sum of--Jgg-fle9nlX9gsen1! and no/100 Dollars -$-!:1,000.00 which covers Orough grading only, O precise (fine) grading only, o both rough and precise (flne) grading. SECOND: Developer agrees to pay t.1 the City the actual l)cs . f s. ch inspections of the work as may be required by the Public Works Direcr r / City Engineer. Developer further agrees that if suit is brought upon this Agreement or i'ry security guaranteeing the completion of the work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that upon entry of judgment, 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, 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, indemnity, 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 ieimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemniflcation excludes only such rcrtion 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 C1y as determined by a court or administration body of competent jurisdiction. Developer's obiigation to indemnify shall survive the expiration or termination of this Agreement, and snall 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 the Cig, and to any agent or employee of the City, the irrevocable permission to enter, upon the lands of the above referenced land division for the purpose of inspecting or completing the grading project. This permission shall terminate in the event that Developer has completed the work within the time specified or any extension thereof granted by the Public Works Director / City Engineer. Under such circumstances,h^.,-r---- -L-rrL./tsVel(JPEl 5r roil Lre lgDyul rDlurc rur dr ly drlu dI c^Pct l)EJ, w5rs. ildlJrrucD, dr lu reca \r luruuil rg attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. 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 Completion Costs. 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 Costs. FIFTH. Developer agrees at all times, up to the completion and approval of the work by the Public Works Director / City Engineer, to give good and adequate warning to the traveling public of each and every dangerous conditlon caused by the grading project, and to protect the traveling public from such defective 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, or his agents and employees shall give notice to the Public Works Director / City Engineer at least 48 hours before beginning any work and shall furnish to the Public Works Director / City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: lf the Developer, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time as have been granted by the Public Works Director / City Engineer, or if the Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement. The Public Works Director / City Engineer shall have the power to terminate all rights of the Developer because of such default, but said termination shall not affect or termlnate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination of the Public Works Director / City Engineer 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 the Developer, any surety, 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 rights and remedies available to the City under law or under this Agreement. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the work required by this Agreement. EIGHTH: The Developer agrees to file with City prior to the date this Agreement is executed a good and sufficient security as provided in subsections (1), (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 the Public Works Director / City Engineer. Developer further agrees that if in the opinion of the Public Works Director / City Engineer the security becomes insufficient, Developer agrees to renew each and every security with good and sufflcient sureties or increase the amount of the security, within ten days after being notifled by the Public Works Director / City Engineer that the sureties or amounts are insufflcient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required works completed within 90 days of the date on ivhich the Public YJoi'ks Director'/ City Engineer notifies the Developer of the insufficiency of the sureties 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 or the issuers of any instruments or letters or 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 the Public Works Director / City Engineer either at his own option or upon request of the Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds Developer further agrees to maintain thL afcrcsa:d bcnd cr bcnds c:, the issuanee of tliy f'Llr.ilmenri or ldtels-of 6re.rlt lh tln lultt'4tr'.<!i"'!"'rtrart.rfn{F tF:*' and effect during the terms of this Agreement, including any extensions of time as may be granted thereon. TENTH: Upon the satisfactory completion and final approval of said work by the Public Works Director / City Engineer, $1,000.00 of the security applicable thereto shall be released or returned by the City to the Developer within 30 days. Of the remaining -tL000.00 security (for Erosion Control) shall be retained. The remainder securlty shall be held until the California Water Quality Control Board issues a Notice of Termination. ELEVENTH: Thls Agreement shall be binding upon the Developer and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally. This Section shall not be construed as an authorization for any party to assign any right or obligation. TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is determined by the Courts 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 the particular part, term or provision held to be invalid. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. THIRTEENTH: The grading operation will cpnform to the contract documents and City-adopted ordinances. Any conflict or discrepancy between the drawings and the City-adopted ordinances shall be brought to the attention of the Public Works Director / City Engineer, who will issue a ruling FOURTEENTH: The grading operation shall obtain a Construction General Permit from the State of California Regional Water Quality Control Board and conform to all requirements. This permit shall override any conflicting requirements in the City-adopted ordinances. FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation in accordance with City-adopted ordinances. The geotechnical quality control will be under the supervision of a registered geotechnical engineer in the State of California. SIXTEENTH: The City may elect to perform geotechnical quality assurance of the grading operation, which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant free access to the Public Works Director / City Engineer, his staff and consultants to perform inspections and quality assurance sampling and tests. EIGHTEENTH: 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 addresses listed below. City-Developsl Ci$ of Menifee 29844 Haun Road Najwa Sadik 26253 lrqnwood Ave Moreno Valley CA, 92555' Menifee, CA 92586 IE 3]JlNf yI lO A1l3 0Z0Z tt lzt paleo l{E :r{8 ozoz' / l/ Tl palEo IV3S ONV SSf UOCV .3I/IVN SIH O3XIIJV SVH U]dOI]AfO .JOfU]HM SS3NIIM NI eru.roJrlec lo alets aql Jo s/v\el aq1 Iq pauanoo aq o1 sr lueuaatoy slr{I :culHI-AINSAAI_ 'sluauinJlsut aules aql palncaxa peq seqled aql lo lle lr se lcela aues ar.lJ a^eLl pup raq1a0o1 panJlsuoo aq llells spedlagunoc qcrqm 'syedralunoc ur sarped aq1 Aq palncaxe aq Aeu pauear6y slql :CNOO:1S- 1N:1M1 'luatlearOy stq {q patenoc IJoA atl}lo uorlcnilsuoo aalue:en6 o1 'r{auto11y ,$C aq1 Iq panordde pue ^l!C o1 fuogce;sqes 'fiuncas letcueuq lo tl.lloJ iaqloue lllqns Jo spuoq lsod o1 aauOrsse aq1 Ouurnba.r suorsrnord opnpul lleqs pue Iau:o11y {1C aqt Jo uollceJstles aql ol aq lleqs Jalsuei] io 'uorleceqlodlq 'lueu:ealOe {uy l{1t3 of alqeldacce /l;qeuoseal sr se 'fialns qcns Ourureluoc pue 'tlJo1 e ut luauraer0e uaUrJ/rA e Iq rapunetaq suorleOr;qo s,rado;ena6 eurnsse llssardxe lleqs aaJa1sueJl Jo 'alecaqlodlq 'eauDrsse [ue 'luauu6rsse ue qons o1 Dugrlrl ur sluasuoc AIC tetll lua^a aql ul luauearDy srr.l] Japun fir;rqrsuodse.rro fnp Iue uo:; :ado1ane6 abreqcsrp Jo asealal lou lleqs JaJSuBr] ro 'uoqecaqiodlq 'luauu6rsse Iue 'luasuoc uagu/r^ s,{13 ur fuerluoc aq} ol pe1e1s lllecgnads ssa;ug JeJSupJl ro 'aleceqlod{q 'luauuOtsse pelduepe qcns Jo uosear Iq lsarelur ro ry6u ou alrnbce lleqs aa.ra;Suell Jo 'elecaqlodlq 'aeuOtsse lue pue 'pro^ pue llnu eq lleqs os op o1 ldtuage[uV AtC Jo ]uasuoJ uegurn:oud Uoql/y\ uraJaq ]saJa]ut Aue lo luauaalOy srql rvre; 1o uorleledo r(q ro {lparrp req1a 'ra}sue4 ro 'alpceqlodlq 'u6tsse lou lleqs radolana6 .1SUll-Al-NlMl sDurpaacotd alegladde llB pue leul le 'quv\eieq] uorlceuuoc ur ,{ped ourlenard eql {q parncur sasuadxa Jaq}o pue lsoo uogecr;qnd 'saa1 6ur;g 'slsoc Unoc 'saa1 ,s;e0agered pue ,sr{au:oge alqeuoseal eq olataql Ayed Jaqlo eql [uo4 Ja^ocal ol pal]rtua aq lleqs uraJaL{l i{ped 0ur;reneid aq1 'Iqareq paleldualuoc suoqcesuei] eq] Jo 'lueulaat0y stql 1o 1no Dutsue 0utpaacord Jo uorlce {ue u; :91311NfM1 Joareql :anrervr 6urnurluoc aq llpqs luauraeJ6y stq11o uorllpuoc lo uJJal Iue 1o :anrem oN utaJaLl quol les sJapeu aL1l ol se sarued aq} 1o lueuaarbe eJr}ua aql sureluoc }uaulaa.rDv slr.ll :HINljIlNlN t. -1 Yolanda Macalalad, PE, QSD City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECL'TFI] IN TRIPI.IEATF I' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctul coDE s 1189 State of California County of Piu.tst;l.a.: On before me, Her6 ot the personally appeared Name(s) ot Signe(s) 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 acknowledgedto me that he/she/they executed the same in his/herltheir 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 certity under PENALTY OF PEHJUHY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand al Signature: Place Notary Seal Above Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent traudulent removal and reattachment of this lorm to anothq document. Descripti on of Attached Document G ? !"'oc/&J)n- o,-! cP' P/o^Title or Type of Document:4rceae^* An Document Date, tA/.-n^, ,,, -Than Named Above: tJ a aL Number of Pages Signer(s) Other Capacity(ies) Claimed by Signer(s) tr Cprporate Officer - Title(s) {tnaiuiarat n Corporate Otficer - Title(s) n lndividual t] Partner - I Limited flGeneral f Attorney in Fact I Trustee n Guardian or Conservator tr Partner - tr Limited tr General D Attorney in Fact I Trustee D Guardian or Conservator I Other:t-,1 CIher Signer ls Representing Signer ls Representing ffi WILLIAM HOULE Notary Public - California Rivenide County Commission # 2186953 My Comm. ExPiresAPr 13, 2021 Top of thumb here RIGHTTHUMBPRINT OFSIGNER Top of thumb here OFSIGNEF THUMBPBIIIIT O 20'10 National Nolary Association . NationalNotary.org . 1-8O0-US NOTARY (l-800-876-6827)llam ,5907 I I u) ; I I i o-,,.,. tl o* /- nlo*,*rn PJ 1,, d ai ,rc o. S*.1; kU Signer's Name: il n i ,.t.- g.4 ) Signer's Name: