2019/04/09 Woodside 05s, LP Tract 36788 GP18-029 Grading Erosion Control NPDES and Drainage ProjectsThis Agreement, made and entered into by and between the City of Menifee, State of
California, herein called City, and Woodside 05S, LP, hereinafter called Developer.
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 TR 35788 / GP18-029
agrees, at Developer'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 set forth 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 under the inspection of and to
the satisfaction of the City Engineer and shall not be deemed complete until approval of the grading
project is made by the City Engineer. The estimated cost of said work is the sum
of Three hundered Eiqhty Three Thousand and no/l 00 Dollars $ 383.000.00 which covers
trrough grading only, E precise (fine) grading only, E 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 suitis brought uponthis
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 or damage happening or occurring to the works specified in this agreement prior
to the completion and approval hereof , nor shall City or any officer or employee thereof be liable for
any persons or property injured by reason of the acts or omissions of 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 employees thereof
from all loss, liability or claim because of, or arising out of the 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 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 trme specified or any extension thereof
granted by the City Engineer.
FIFTH: Developer agrees at all times, up to the completion and approval of the 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.
AGREEMENT
TRACT 36788
FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS
GP18-029
WITNESSETH
SIXTH: The Developer, or his agents and employees shallgive notice to the City Engineer at
least 48 hours before beginning any work and shall furnish said 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, orfails 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 granted by the 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 City Engineer shall have the power to
terminate all rights of the Developer because of such default. The determination of the 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, and any and all parties who may have any interest in the agreement or any
portion thereof. The foregotng provisions of this section shall be in addition to all rights and
remedies available to the City under law.
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 ils equivalent as
determined acceptable by the City Engineer. Developer further agrees that if in the opinion of the
City Engineer the security becomes insufficient, Landowner agrees to renew each and every
security with good and sufficient 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.
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 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. Landowner
further agrees to maintain the aforesaid bond or bonds or the rssuance 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 precise grading, upon the satisfactory completion and final approval of said work by the
City Engineer, $ 383.000.00 of the security applicable thereto shall be released or returned by the
City to the Developer within 30 days. Of the remaining !Q.]Q[ security (for Erosion Control) 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.
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 which the City Engineer notifies the Developer of the insufficiency of
the sureties or the amount of the bonds or both.
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 unlavvful 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 conform to the contract documents and the Department
of Building and Safety, County of Riverside Grading Notes (2007 CBC), attached. Any conflict or
discrepancy between the drawings and the Grading Notes shall be brought to the attention of the
City Engineer who will issuing a ruling.
FORTEENTH: The grading operation shall obtain a General Construction Permit from the
California Water Quality Controi Board and conform to all requirements. This permit shall override
any conflictihg 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 Construction. The geotechnical quality control will be underthe supervision of a registered
geotechnical engineer in the State of California.
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 followrng addresses.
NINETEENTH. This agreement contains the entire agreement of the parties as to the matters
set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver
thereof.
SIXTEENTH: The City may elect to perform geotechnical quality assurance of the grading
operation which will be compensated as provided in the SECOND paragraph.
CITY
City of Menifee
29714 Haun Road
[\/enifee, CA 92586
Devel oper
Woodside 05S, LP
1 1 870 Pierce St., Suite #250
Riverside CA 92505
IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL,
Dated 1/4 ,2019
By
+e. t,tT O .l1t*,t 1cD
rJ 'fa<LE
Dated: 04 'c>1 ' I ,2419
By
onathan G. Smith,
Public Works Director / City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
t
CITY OF MENIFEE
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