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2019/03/27 Woodside 05S, LP Tract 36788 Construction Trailer Removalft This Construction Trailer Removal Agre ("Agreement") is made this rZ ?h day cityolmenilee.us ement forof t/J\ "Silver Tr ^vu4 ail", formerly known as "Menifee Estates" , 2019, by and between the City of Menifee ("City") and Woodside 05s, LP, a California Domestic Limited Partnership, ("Developer")(collectively the "Pa(ies") in exchange for good and valuable consideration receipt of which is hereby acknowledged. City agrees to issue Building Permits for one (1 ) 240 square foot (24 feet long by 10 feet wide) temporary construction trailer (1{otal) as set forth on Exhibit A, to this Agreement on property located upon Lot 4 (APN: 360-250-009) upon completion of the terms and conditions set forth in this Agreement. The project site is zoned R-1 (OneJamily Dwellings) and has a General Plan designation of 2.1-5R (2.1- 5 du/ac Residential). The property is within the City of Menifee and is the property of Woodside 05s. Such zoning and General Plan designation allows for temporary construclion trailers during the construclion 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 forthe development of Tract Map No. 36788. Developer agrees that all physical public infrastructure improvements required for the safe ingress and egress to the temporary construclion trailer site, in the form of an aggregate gravel base access road, from existing, improved and accepted public rights-of-way shall be in place to the satisfaction ofthe City's Engineering Department prior to opening the temporary construction trailer site to the Developer and associated jobsite crew, contractors, inspectors and superintendents, regardless of whether such improvements have been finally approved and accepted by the City. Developer also agrees to assure the physical safety of jobsite crew, conlractors, inspeclors 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 construclion trailer, aggregate gravel base access road and parking area, shaker plates and electrical connections, including temporary power poles and to convert the lot where the trailer was located to the original intended use (single-family residential use) as allowed within 30 days. The conversion and removal shall be confirmed upon inspeclion by Community Development Department staff in writing prior to building construction within Assessor's Parcel Number 360-250-009. The location of the temporary construction trailer subject to this Agreemenl is lot specific and the approvals granted herein shall not be transferable between lols. This limilation, however, does not preclude the City and Developer from amending this Agreement, in writing, to establish alternative location(s) for the temporary conslruction trailer site. MENIFEE 29844 H.run I 951"67 2.67t7 Fax 951 lrle( 679 New. Better. Best. CITY OF MENIFEE Community Development Department Construction Trailer Removal Agreement for Tract 36788 - Silver Trail Construction Trailer Removal Agreement for "Silver Trail" 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 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 parking area, shaker plates and electrical connections, including temporary power poles) within the temporary constructlon trailer site to a level and degree necessary lo 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 lhe temporary construction trailer site subject to this Agreement until such reimbursemenl has been provided to the City. Any excess surety, cash deposit or release of bonds still in the possession of the City following removal of the above noted construction trailers shall 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, joinfly 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. TheCityshall notify Developer of anyclaim, lawsuit, orother judicial or administratave proceeding (herein, an "Action") within the scope of this indemnlty obligation that it becomes aware of and request thal the Developer defend such Action with legal counsel reasonably satisfactory to the City. 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 shall promptly pay the City's full cost thereof, with payments made at least on a monthly basis. This obligation shall survive the termination of the Agreement. Page 2 of 3 A surety, in a form acceptable to the City Manager of the City of Menifee, is herewith provided in the sum of (as detaaled below) for the express purpose of the removal of the temporary construction trailer site as detailed below and shall be provided prior to and as an integral part of entering into this Agreement. Developer shall notify City of completion of removal undertaken pursuanl to the lerms of this Agreement and City shall inspect and review the temporary construclion trailer site within thirty (30) days of receipt of such notification. lf the City is satisfied and determines in writing that Developer has removed the temporary construction trailer site to the level and degree necessary to assure that the site is clearly restored and ldentifiable for the development of a single-family residential subdivision development, any surety, cash deposit or release of bonds in the possession of the City directly associated with the temporary construclion 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. Construction Trailer Removal Agreement for "Silver Trail" Itemized list of removal required by this Agreement and associated anticipated costs for surety purposes. 1. Removal of temporary construction trailer; $500 002. Removal of aggregate gravel base access road and parking area; $'1,000.003. Removal of shaker plates: $500.004. Removal of electrical connection, including temporary power poles, $500.00 Total: 52 500 00 This Agreement represenls the full and entire agreement of the partles and shall be effective as of the date first set forth above. Woodside 05s, LP ("Developel') Dated 1 Lq.'zoll efu,^h-r, (Signature for President or other Category 1 Officer) L,hv;)Cha w-b ers (Print Name) VP D;y (Tifle) Dated By By e )81* CITY OF MENIFEE ("City") Dated: b Approv astoF (Signature for Secretary or other Category 2 Officer) (- *.rl 76 ? ta- .lrn*,, qsL (Print Name) ll,g tttrtrr JEcc t 64., Cheryl Kitz Communit lopment ortr J v elching, City Attorney Page 3 of 3 By (Title) uollel3ossv IJeloN leuo|leN /!ozo 6urluasardad sr lauOtS 6ulluasaidaU sr rauOrS :raqlo tr role^rosuol lo uerpjen9 tr aalsn]l o t]eJ ur ^aurouv tr lenpr^rpul D lPJauae o pollr.ull tr -rauued tr :(s)al t - .ra)UJO alerodroJ tr {s)alu1 - rarulo a}erodrof, D aureN s,lau6rs :at!eN s,rau6rs (s)rau6tS Aq paur!etl (sa!)AUledEC a^oqv paueN ueql raqlo (s)rau6rs saOed jo raquJnN aleo luaunloo :]uauJnf,oc lo ad^I ]o aBtI lu€uJnroo paqlEuv Jo uolldursso 'luaun1op papualutun uD ol wtol stql lo luaulLlJo Du lualnpno4 )o luawnlop aq] lo uottDJallo )qop uof uotlDw)olut s 1l 6ulapwo) lVNO[dO )uqnd i.tDloN lo s leu6rs__Yv.* lea ertruJo p q Aur SSIN-UM 'lf,allotr pue anll sr rldel6e]ed buro6arol aq1 leqg eluJollleC ]o alels aLlt lo smel aq] rapun AUnfU3d JO IlVNid rapun &tuaf, | a^oqv dwols )o/puo ,oes fuotoN a)otd 6 t0z 'z 'uJut0c /tunoC aplsJ.^tu Etujol|lC . otnnd ljlloilg/ll0l! , uott{on oC'lt tuauinrlsur aql pelnf,axa 'pat:e*sfrosiao aql Llf,r.l^ Jo Jleqaq uodn ,{luua aql ror[tl]osrad aql luauni]sur aq1 uo]efbrnleuOrs r{eq#*a$/srq [q 1eq1 puej{e6flA tredetr pezuor.llne rFr{#rarHsrrl}r aues aLll patnf,axo l€r{#aqs/aq teLll aur ol paopal/v\oul3e pue }uaLunl}sur ulqlt/r'\ aql otpaqrrf,sqns 3re/sr,{6)aueu asoqrvy(:)uosrad aq] aq ol a:uaprna fuolcelsrles ]o slseq aql uo auJ ol pa^old oqM (srau6!5 fo (s)euoN ?) aLll Jo atu puo awDN yasul aaH )I 'aul 1,r)y -, l ".,ol"L pareadde Illeuosrad aloQ /oC )--\-t. uo),(/,r/on/)1t',^"r7/9 \/ 3l/ +21 I Jo Alunoc lef, ]o atels 68ll q :loof, 'IAt) rN3htoof,I^toNxcv :tsodund-l1v vlNuoJr.rvc {)lr)fu 'luaurn)op leql lo IIpre^ ro 'Ilernlle 'ssaulnlqlnrl aql lou pue 'paqlere sr alelrlural srql qlrqM ol luaunlop aql paubrs oqM lenprnrpur aq11o r{Ituapr aql Iluo sauua^ alelrltual srql 6urlaldurol .raluo Jaqlo ro lrlqnd fuelou V **-#:]?Epel ut Aoulouv c lenpt^tpul D leraus9 o pallurl'] tr -leuued o )/) t ) :'' '' ?.r,r ,. 11.' 2a . 1e.a5 ,.rt-t ' ,ra"-' ' gtt:3A a f i ) ..,1 .Doa D oz -.1A !o lolc)lzt>lolm :::;9992 99i3!:n#E::'n:';Im3;: A."i!2,i9C) BHE(, a9* : ==: o 7azo -.,1oz -.,]-m -.t o, zo o -lu -t Iat t 3 o-.,1 I'.1 !it _) f- o-1 /It I - GARBANI ROAD o l;:E'E,!'l'E'E TEMP SIGNAGE & CONSTRUCTION TRAILER SITEtt Fl T Z I! \_i SILVI:lt I-RAII- TR 36788 MODEL HOME COMPLEX LANDSCAPE PLANS PP 2019{37 MENIFEE CALIFORNIA U'OODSIDE HO ES B@E ii:t ! 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