2016/06/10 Menifee Estates, LLC Tract 36788 GP15-035RFOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS
GPt5-035R
This Agreement, made an
California, herein called City, and
de between the City of Menifee, State of
reinafter called Developer
wlTNESSETH
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 lBjlozgl, agrees, at
Developei's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within Z[ 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, City Engineer,
and are on file in the City, and do all work incidental thereto in accordance with the
standards setforth in Riverside County Ordinance No.457, as amended, which are expressly made
a part of this agreement. All of the above required work shall be done underthe inspection of and to
the satisfaction of the City Engineer and shall not be deemed complete untilapproval ofthegrading
project is made by the City Engineer. The estimated cost of said work is the sum
of Two Hundred Sixt Thousand and no/100 Dollars $ 260,000.00which covers Eroughgrading
only, D precise (fine) grading only, tr both rough and precise (fine) grading
SECOND: Developer agrees to pay to the City the actual cost of such inspections of the work
as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this
agreement or any 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 ordamage happening oroccurring to the works specified in this agreement prior
to the completion and approvalhereof, nor shallCity or any officer or employee thereof be liablefor
any persons or property injured by reason of the acts or omissions ol Developer, his agents or
employees in the performance of the work, and all of said liabilities are assumed by Developer.
Developer agrees to protect, defend and hold harmless city and the officers and employeesthereof
from all loss, liability or claim because of, or arising out ofthe acts or omissions of Developer, his
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 this agreement.
FOURTH: The Developer hereby grants to the City, and to any agent or employee of the City,
the irrevocabie 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 City Engineer.
FIFTH: Developer agrees at all times, up to the completion and approval ofthe work by the
City Engineer, to give good and adequate warning to the traveling public of each and every
dangerous condition caused by the grading project, and to protect the traveling public from such
defective or dangerous conditions.
AGREEIVIENT
Plxll,^ . The_ Developer, or his agents and employees shall give notice to the City Engineer at
Least.48 hours belore beginning any work and sha furnish said City Engineer all reasonabtefacilities for obtaining full information respecting the progress and manner oJ work.
SEVENTH:.. lf the Developer. or hts agents oremployees, neglects, refuses, orfails to prosecutethe work with such diligence as to tnsure its completion within the specitied time, or within suchextensions of time as have been granted by the City Engineer, or if the Developer violates,neglects, refuses, or fails to perform satisfactorily any of tne provisions of the plans andspecifications, he shall be in delautt ofthis agreement. The City Engineer sha have the power toterminate all ights of the Devetoper because of such defautt. The determination of the CityEngineer of the question as to whether any of the terms of this agreement or the plans andspecifications have been violated or have not been performed satisf;ctorily shafl be conclusiveupon the Developer, and any and all parties who may have any interest in t'he agreemenl or anyportion thereoJ. The foregoing provisions of this section shail be in addition io all rights anAremedies available to the City under law.
EIGHTH: The Developer agrees to file with City prior to the date this agreement is executed agood and sufficient security as provided in subsections (.1), (2) and (3) of subdivision (a) ofSection
66499 ofthe Government Code in any amount not less than the estimated cost ofthe work forthefaithful performance ofthe lerms and conditions ofthis agreement, exceptthat when the estimatedcost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent as
delermined acceptable by the City Engineer. Developer further agrees that if in the opinion of lheCity Engineer the security becomes insuflicient, Landowner agrees to renew each and everysecurity with good and suffjcient sureties or increase the amount of the security, within ten days
after being notified by the City Engineer that the sureties or amounts are insufficient.
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 ofthis agreement unless allrequired works completedwithin 90 days ofthe date on which the City Engineer notifies the Developer ofthe insufficiency ofthe sureties or the amount of the bonds or both.
N INTH: lt is further agreed by and between the parties hereto, inctuding the surety or sureties
on the bonds or the issuers of any instruments or letters or credit securing this agreemenl that, in
the event it is deemed necessary to extend the time of completion of the work contemplated to bedone under this agreement, extensions of time may be granted from time to time by the City
Engineereither at his own option or upon request ofthe Developer, and such extensions shallin noway affect the validity of this agreement or release the surety or sureties on said bonds. Landowner
furtheragrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters
of credit in full force and effect during the terms of this agreement, including any extensions of time
as may be granted thereon.
TENTH: Since the work described in the first paragraph of this agreement consists of only
rough or precase grading, upon the satisfactory completion and final approval of said work by the
City Engineer, $ 178.000.00 ofthesecurity applicable thereto sha be reteased or returned bithe
City to the Developer within 30 days. Of the remaining $ 82.000,00 security (for Erosion Controt
and WQMP) shall be retained. The remainder security shall be held until the California Water
Quality Control Board issues a Notice of Termination.
ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors,
administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: lt is understood and agreed bythe parties hereto that if any part, term orprovision of
this agreement is determined by the Courts to be unlalvful and void, the validity of the remaining
portions shall not be affected and the rights and obligations of the parties shall be constrled and
enforced as ifthe agreement did not contain the particular part, term or provision held to beinvalid.
No waiver of any term or condition of this agreement shall be continuing waiver thereof.
THIRTEENTH: Ihe grading operation willconform to the contract documents and the Department
of Building and Safety, County of Riverside crading Notes (2007 CBC), attached. Any conflict or
discrepancy between the drawings and the Grading Notes shall be brought to the attention ofthe
City Engineer who will issuing a ruling.
FORTEENTH: The grading operation shall obtain a General Construction Permit from the
California Water Quality Control Board and contorm to all requirements. This permit shall override
any conflicting requirements in the Grading Notes (2007 CBC), attached
FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation
according to Sections 300 and 301 of the latest edition of the Standard Specifications for Public
Works Conslruction. The geotechnical quality controlwillbe underthe supervision ofa 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 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 following addresses:
NINETEENTH: This agreement contains the entire agreement ofthe parties as lo the matters
set forth herein- No waiver of any term or condition of this Agreement shall be continuing waiver
thereof.
CITY Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADD S AND SEAL
Dated:qnr 4 2016
By:
By:
JuN.e.ID ,2016
3519-t IN\AD
s'l.J[}e- lt@ "spro, cA ql'19+
CITY OF MENIFEE
By:
onathan G. Smith,
Public Works Director / City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Dated:
GALIFOBIIU\ ALL.PUBPOSE ACI(I{OWLEDG Eilr CrytL CODE S 1189
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State of
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Here lnsed Name and Title of the Officer
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who provod to me on tha basis of satisfactory evidence to be the
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on the instrument the
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I certify under PENALry OF PERJUBY under the laws
of the State of Califo
is true and conect.
mia that ng paragraph
WITNESS my seal.
n Partner - ! Limited tr General! lndividual ! Attomey in Fact
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I\,IISTY R, TEETER
Commission # 2027163
Nolary Pubic . Calilornia
San Bernardino C ou nly
l\.ly Comm Erpires J!n 2 20i7
2 Signat
of Notary Public
Place Notary Seal Above
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