2019/11/06 Torrance Homes, LLC Construction Trailer Removal APN360310018 Lot 12CITY OF MENIFEE
Gomm unity Development Department
Construction Trailer Removal Agreement for
Torrance Homes, LLC
This Construction Trailer Removal Agreement for Torrance Homes, LLC. ("Agreement") is madethis 6th day of November , 2019, by and between the City of Menifee ("City") and Torrance
Homes, LLC. a ("Developer") (collectively the "Parties") in exchange for good and valuable
consideration receipt of which is hereby acknowledged.
City agrees to issue Building Permits for one (1) - 8 foot by 40 foot (8'x40') (320 square foot)
temporary construction trailer (ltotal) as set forth on Exhibit A to this Agreement on property
located within Assessor's Parcel Numbers 360-310-018, Lot 12 upon completion of the terms
and conditions set forth in this Agreement.
The subject site is presently zoned Residential Agricultural - 1-Acre minimum (R-A-1). The
Property's land use designation under the General Plan is Rural Residentiat - 1-Acre minimum
(RR1). The property is within the City of Menifee and is the property of Torrance Homes, LLC.
Such zoning and General Plan designation allows for temporary construction traiters during the
construction of approved land use projects, with City approval as provided under the City
Municipal Code. Developer has requested approval to place one (1) temporary construction
trailer for the meeting of jobsite construction crew, contractors, inspectors and superintendents
and to serve for the development of Temporary Use Permit No. PLN19-0050, GP18-081P and
PP2018-032 (FSD), pp201 8-284 (MHC).
Developer agrees that the temporary construction trailer site to the Developer and associatedjobsite crew, contractors, inspectors and superintendents, of such improvements agrees to
assure the physical safety of jobsite crew, contractors, inspectors and superintendents that may
visit the temporary construction trailer site approved under this Agreement.
Upon determination by the City that there is no longer a need for the temporary construction
trailer, Developer agrees to remove the temporary construction trailer, aggregate gravel base
access road and electrical connections, including temporary power poles and to convert the lot
where the trailer was located to the origina! intended use (residential development) as allowed
within 30 days. The conversion and removal shall be confirmed upon inspection by Community
Development Department staff in writing prior to building construction within Assessor's Parcel
Numbers 360-310-018.
The location of the temporary construction trailer subject to this Agreement is lot specific and
the approvals granted herein shall not be transferable between lots. This limitation, however,
does not preclude the City and Developer from amending this Agreement, in writing, to establish
alternative location(s) for the temporary construction trailer site.
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MENIFEE
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Construction Trailer Removal Agreement for Torrance Homes, LLC
A surety, in a form acceptable to the City Manager of the City of Menifee, is herewith provided inthe sum of (as detailed below) for the express purpose of the removal of the temporary
construction trailer site as detailed below and shatl be provided prior to and as an integrat part of
entering into this Agreement. Developer shall notify City of completion of removal undertakenpursuant to the terms of this Agreement and City shal! inspect and review the temporary
construction trailer site within thirty (30) days of receipt of such notification. lf the City issatisfied and determines in writing that Developer has removed the temporary construclion
trailer site to the level and degree necessary to assure that the site is clearly restored and
identifiable for the development of a residential development, any surety, cash deposit orrelease of bonds in the possession of the City directly associated with the temporary
construction trailer site following such removal, shall be returned to the undersigned within thirty
(30) days of the written notification to the Developer or his/her representative of the completion
of such work.
lf the Developer, or a representative, or agent thereof, fails to remove the temporary
construction trailer from the site to the satisfaction of the City within thirty (30) days of being
notified by the City that it must be removed, the undersigned authorizes the City, its employees,
contractors, representatives or agents, to enter the property and physically remove all items
(temporary construction trailer, aggregate gravel base access road and etectrical connections,
including temporary power poles) within the temporary construction trailer site to a level and
degree necessary to assure compliance with the terms of this Agreement. Any and all costs
incurred by the City, including any fees from agencies other than the City, and including attorney
fees, for said removal shall be deducted from the surety noted above as provided by the
Developer. Any costs incurred by the City in excess of the surety established herein and on file
with the City shall be reimbursed by the Developer to the City within thirty (30) days of the
written notification of the completion of such work. Developer agrees that neither a Request for
Building Permit, nor Final lnspection, shall be issued or conducted upon the temporary
construction trailer site subject to this Agreement until such reimbursement has been provided
to the City. Any excess surety, cash deposit or release of bonds still in the possession of theCity following remova! of the above noted construction trailers shatl be returned to the
undersigned within thirty (30) days of the completion of such work.
The Developer shall protect, defend, indemnify, and hold harmless City and City's officers,
employees, agents, contractors, and representatives (collectively, the "City Parties"), and each
of them, jointly and severally, against and from any and all claims, demands, causes of action,
damages, costs, expenses, losses, and liabilities, at law and in equity, of every kind or nature
whatsoever, including reasonable attorneys' fees and expert witness fees, including, without
limitation, injury to or death of any person or persons and damage to or destruction of any
property, threatened, brought, or instituted, arising out of, or in any manner directly or indirectly
connected with Developer's performance or failure to perform under this Agreement. The City
shall notify Developer of any claim, lawsuit, or other judicial or administrative proceeding
(herein, an "Action") within the scope of this indemnity obligation that it becomes aware of and
request that the Developer defend such Action with legal counsel reasonably satisfactory to theCity. lf the Developer fails to so defend the Action, the City shall have the right but not the
obligation to do so with counsel of its own choosing, with no right of approval by Developer and,
if it does, the Developer shal! promptly pay the City's ful! cost thereof, with payments made at
least on a monthly basis. This obligation shall survive the termination of the Agreement.
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Construction Trailer Removal Agreement for Torrance Homes, LLC
ltemized list of removal required by this Agreement and associated anticipated costs for surety
purposes.
1 . Removal of temporary construction trailer; $10002. Removal of electrical connection, including temporary power poles; $250
Total: $1250
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Construction Trailer Removal Agreement for Torrance Homes, LLC
This Agreement represents the full and entire agreement of the parties and shall
be effective as of the date first set forth above.
Torrance Homes, LLC.
("Developer")
Dated: November 6. 2019 By /1.2;.G)
/
Nelson Chuno '
(Print Name)
President
(Title)
Dated: November 6 2019 By
CITY OF MENIFEE
("City")
Dated: \l I
to Form.
.M
ity Attorn
(Signature for Secretary or olhey6tegory 2 Officer)
Christine Chunq
(Print Name)
CFO
(Title)
C K
Commun irector
,
By
Page 4 of 4