2019/08/27 Sutter Mitland 01, LLC Tract 36485-F Landscape and Irrigation Improvements Talking Stick CircleMENIFEE
New. Better. Best.
DATE:August 19,2019
Stephanie Roseen, Deputy City Clerk
Sarah Manwaring, City Clerk
29844 Haun Road I Menifee, CA92586
951-672-6777 | Fax 951-679-3843
cityofmenifee.us
TO:
CC:
FROM:Christina M. Bustamante, Assistant Planner
Bond and Agreement for Plot Plan 2019-043 - HOA Maintained PaseoRE
Planning App No.:
Applicant Name:
Surety Name:
Bond/CD No.:
Bond Amount:
Other:
2019-043 HOA Maintained Paseo
Sutter Mitland 01 LLC
Continenta! Casualty Company
30074484
$58,488.00
Description of Aqreement-
PIot Plan No.2019-043 hereby approves landscaping and irrigation for a HOA Maintained
Paseo within Tract Map No. 36485-F. The project is located within Planning Area 3 of the Audie
Murphy Ranch Specific Plan, north of Landsview Way, south of Arroyo Drive on Talking Stick
Circle (APNs: 341 -200-005).
This plan includes 4,677 square feet of landscape area.
Please return a PDF copy to Christina Bustamante at cbustamante@cityofmenifee.us.
Enc
Bond/Bond Agreement Form
Cost Estimate
Bill Zimmerman
Mayor
Greg August
Mayor Pro Tem
District 1
Matt Liesemeyer
Councilmember
District 2
Lesa A. Sobek
Councilmember
District 3
Dean Deines
Councilmember
District 4
Armando G. Villa
City Manager
AGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR HOA MAINTAINED LANDSCAPE IMPROVEMENTS
("Agreement") is made and entered into as of the [I-l day of lrulq.,2}lg,by and between the
CITY OF MENIFEE, a California municipal corporation, ("City") ind SUTTER MITLAND 01,
LLC, a Delaware Limited Liability Corporation ("Landowner").
WITNESSETH
]- Landowner, for and in consideration of the approval of a minor plot plan for
landscape and irrigation materials and installation ("Work") on that certain development plan
known as "HoA-Maintained Landscape for TR 36485-F Talking Stick Circle Streetscape",
landscaping and imigation plans (working drawings), (Plot Plan No. 2019-043), which is located
within Planning Area 3 (PA 3) of the Audie Murphy Ranch Specific Plan (Specific Plan No.209)
north of Landsview Way and south of Arroyo Drive on Talking Stick Circle, (the "Property"),
agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material
necessary to perform and complete the Work and, as it relates to the landscape and irrigation
improvements, Landowner also agrees that it shall maintain for a period of twelve (12) months
after its Building Permit has been issued or as otherwise required by City's Community
Development Director in a good and workmanlike manner, all those landscape and irrigation
improvements in accordance with those landscape and irrigation plans for the development of said
entitlement which have been approved by City's Community Development Director, and are on
file in the Office of the City of Menifee Community Development Department, and to do all work
incidental thereto in accordance with the standards set forth in Menifee Municipal Code
Chapter 9.86 and Menifee Municipal Code Chapter 15.04, which are expressly made a part of this
Agreement, which are attached hereto as Exhibit L to this Agreement. All of the Work shall be
done under the inspection of and, to the satisfaction of, City's Community Development Director
and shall not be deemed complete until approval of the final inspection is made by City's
Community Development Director. Approval of City's Community Development Director of the
Work and of the final planting shall be in writing. The estimated cost of the Work is Fifty Eight
Thousand Four Hundred Eighty Eight ($58,488.00).
L Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such
obligations shall be paid by Landowner including reasonable attorneys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
3= To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnify, and hold free and harmless City and City's agents, officers, and
employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
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8621088.2 a06/12119
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of investigation)
that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities control (collectively, the "Liabilities"), in connection with the
implementation of this Agreement. Such obligation to defend, hold harmless, and indemnif, any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such Indemnitee.
L Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the Work within the time specified or any extension thereof granted by
City's Community Development Director, and upon the City's Community Development
Director's final approval of the Work.
5- Landowner agrees at all times, up to the completion and written approval of the
Work by City's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
6 Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner shall provide City's Community Development Director with any and all information
or any other materials, deemed reasonably necessary by the Community Development Director or
its designee, to allow the City's Community Development Director or its designee the ability to
monitor, assess, and inspect the progress and manner of the Work,
L Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the perforrnance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
lndustrial Relations of the State of California, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating cornpliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
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8621088.2 a06ll2l19 a
& If Landowner, or its agents or employees, neglects, refuses, or fails 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, or may be, granted by City's Community Development Director,
or if Landownerviolates, neglects, refuses, orfails to perform satisfactorily any of the provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such default may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. 2019-043) of Landowner due
to such default. The determination of City's Community Development Director 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 Landowner, and any and all
parties who may have any interest in this Agreement or any portion thereof. No delay or omission
in the exercise of any right or remedy by City shall impair such right or remedy or be construed as
a waiver. City's consent or waiver of one act or omission by Landowner shall not be deemed to
constitute a consent or waiver of City's rights with respect to any subsequent act or omission by
Landowner. Any waiver of any default shall be in writing. The foregoing provisions of this
Section shall be in addition to all rights and remedies available to City under law.
9, Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufficient security as provided in subsections (l), (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 City's Building Director. Landowner further agrees that if the
security is a bond and if the sureties on the faithful performance bond or the amount of said bonds
in the opinion of City's Community Development Director becomes insufficient, Landowner
agrees to renew each and every bond or bonds with good and sufficient sureties or increase the
amount of said bonds, or both, within ten (10) days after being notified by City's Community
Development Director that the sureties or amounts are insufficient. Notwithstanding any other
provision herein, if Landowner fails to take such action as is necessary to comply with said notice,
Landowner shall be in default of this Agreement unless all required work is completed within
ninety (90) days of the date on which City's Community Development Director notifies
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
lO It 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 of 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 City's
Community Development Director either at his/her option or upon request of Landowner, 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 issuance of
any instruments or letters of credit in full force and effect during the term of this Agreement,
including any extensions of time as may be granted thereon.
lL Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
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8621088.2 a06ll2/19 a-J-
]L This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
ll With the exception of the specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
14- It is understood and agreed by the parties hereto that if any part, term, or provision
of this Agreement is held 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 this
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 a continuing waiver thereof.
lA This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
15, Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, dge, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
lL The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in Los Angeles.
1& The person(s) executing this Agreement on behalf of the parties hereto warrant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement.
19. 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:
To City:City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
To Landowner:
Sutter Mitland, 0l LLC
3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
[signatures on following page]
267 I /03 I 858-000 I
8621088.2 a06l12/19 -4-
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Sutter Mitland, 01 LLC, a Delaware Limited Liability Corporation
("Landowner")
e"
Dated ,lllrt 2t7aBy
By
By
(si for President or other Category I Officer)
(Print Name)
Vice Presldent
(Title)
(Signature for Secretary or other Cate Officer)
RICHARD T. WHITNEY
(Print Name) Chief Financial Officer
(Title)
Chery
Community lopmen r
-7Dated:I
CITY OF MENIFEE
("City")
Dated:
Approved as to Form:
J T. Me
City Attorney
267 I /03 I 858-000 I
8621088.2 a06ll2l19 -5-
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF Oranse
on .\0Lu 3 O ,2019p.rro*firfp*r.d
of satisfactory evidence to be the
acknow to me that he/r
by hi
DANIELLE i{ONIQUE I,{055
Notary lublic - California
0nnge County
Commission t 725168j
My Comm, Expires Aug 17, 2022
zz
SS.
, before me,Danielle Monique Moss .Notary Public,
who proved to me on the basis
whose subscribed to the within instrument and
executed the same ln authorized ca and that
on the instrument the person$or the entity upon behalf of
)
)
)
acted,the
I certifz under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Tnad
Notary Public