2020/12/29 Menifee Partners, LP PP No. 20-0213 Landscape AgreementAGREEMENT
FOR LANDSCAPE IMPROVEM ENTS
This AGREEMENT FoR LANDSCAPE IMPROVEMENTS ("Agreement") is made and entered
into as of the ?4 day of Def.om\ec,( ,ZOCD ,Ay anabetween the CITY OF MENII.'EE,
a Califomia municipal corporation, ("City") and Menifee Partners, Lp (..Landowner,').
WITNESSETH
L Landowner for and in consideration of the approval of a minor plot plan lor
landscape approval and installation on that certain development plan known as "Taco Beil Onsite
Landscape and Irrigation Plan " (Plot Plan No. 20-0213) located south of Scott Road and easr of
Zeiders Road (APN: 384-180-039). (the "Property"), agree, at Landowner's own cost and expense,
to furnish all labor, equipment, and material necessary to perform, complete, and maintain onsite
landscaping for a period of twelve ( l2) months after Building Permit final 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 forthe 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 9.195 and Menifee Municipal code Chapter 15.04,
which are expressly made a part of this Agreement (the "work"). 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 planting inspection is made by City's
community Development Director. Approval of city's community Development Director of thework and of the final planting shall be in writing. The estimated cost of the work is TWENTy-
FIVE THOT]SAND , SEVEN HUNDRED EIGHTEEN DOLLARS.AND EIGHTY.TWO
CENTS ($25,718.82).
L Landowner agrees to pay to City the actual cost ofsuch inspections ofthe Work as
may be required by City's Communitl, Development Director. Landowner and City further agree
that il 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 attomeys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
I To the fullest extent permitted by law (including, without limitation, Calilomia
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,
representatives, or subcontractors of Landowner [the "Landowner Entities"]), expense, and
liability of every kind, nature, and description (including, without limitation, incidental and
consequential damages, court costs, attomeys' fees, litigation expenses! and fees of expe(
consultants or expert witnesses incurred in connection therewith and costs of investigation) that
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arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct ofLandowner, any ofthe Landowner Entities, anyone directty
or indirectly employed by any ofthem, or anyone that they control (collectively, the "Liabilities"j,
with regard to the Work described in this Agreement. Such obligation to defend, hold harmless,
and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part
by the sole negligence or willful misconduct of such Indemnitee.
4- 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 inspicting the work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner and Developer have completed the Work within the time specified or any extension
thereol' granted by City's Community Development Director.
t Landowner agree at all times, up to the completion and written approval ol thework by city's community Development Director, to give good and adequate waming 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 their agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work and shalt fumish
City's Community Development Director all reasonable lacilities for obtaining lull information
respecting the progress and manner ofthe Work.
L Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance ofthe 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
Industrial Relations of the State of Califomia, will be the minimum paid to all laborers, inctuding
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to determine the conect scale. The State Prevailing Wage Rates may be obtained
from the Califomia Department of Industrial Relations C'DIR') pursuant to Califomia Public
Utililies Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner shall obtain and maintain a Cityof Menifee business license. Landowner shall require the same of all contractors and
subcontractors.
& If Landowner, or their agents or employees, neglects, retuses, or 1-ails 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 City's Community Development Director, or if
Landowner violates, neglects, refuses, or lails to perlorm satislactorily any ofthe provisions ofthe
plans and specifications, Landowner shall be in default ofthis Agreement and notice in writing of
such de(ault may be served upon Landowner. City's Community Development Director shall have
the power to terminate all rights ol 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
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satisfactorily shall be conclusive upon Landowner, and any and alt parties who may have any
interest in this Agreement or any portion thereof. No delay or omission in the exercise ofany right
or remedy by city shall impair such right or remedy or be construed as a waiver. city's consent
or waiver ol 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
ofany 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 ofthe Government Code in any amounl not less than the estimated cost ofthe Work
for the faithful performance ofthe terms and conditions of this Agreement, except that when the
estimated cost ofsaid work is $2,500 or less, the security shall be a deposit ofcash or its equivalent
as determined acceptable by City's Building Director. Landowner further agree that ifthe 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 l'ails 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 ofthe sureties or the amount ofthe bonds or both.
10. It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers ofany instruments or letters ofcredit 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 oltime may be granted from time to time by City's
Community Development Director either at his/her option or upon request ofLandovvner, 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 tull force and effect during the term of this Agreement,
including any extensions of time as may be granted thereon.
11- Upon the satisfactory completion and written approval ol the Work by City's
Community Development Director, the entire amount of the security shall be released or retumed
by City to Landowner.
12 This Agreement shall be binding upon Landowner and Developer and their heirs,
executors, administrators, successors, or assigns, all and each both jointly and severally.
13. 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 ifany part, term, or provision
of this Agreement is held to be unlawful and void, the validity ofthe remaining portions shall not
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be affected and the rights and obligations ofthe parties shall be construed and enforced as if this
Agreement did not contain the particular part, term, or provision hetd to be invalid. No waiver of
any term or condition olthis Agreement shall be a continuing waiver thereof.
15= This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
)L The laws of the State of Calilbmia shall govem this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, Califomia. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
1& 1.he person(s) executing this Agreement on behalfofthe 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
lormally 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 foltowing addresses:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
To Landowner Menifee Partners, LP
8445 Camino Santa Fe Suite 205
San Diego, CA9212l
Isignatures on fbllowing pagc]
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IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date
and year first above written.
Menifee Partners, LP
By
I)ated:t-By
(Signature lor President or other Category I Officer)
7"^^r ? il.-.
Dated: V) ttl t.tbz.o By
(Print Name)
*bil.,r
(Title)
a-
(Signature fbr sident or other Category I Officer)
iz nltr
(Print Name)
\,o l^sil.n;- f 0*.t4.n""
(Title)
Chervl Ki
Communi evelopment Director
r- I
CITY OF MENIFEE
("City")
Dated:q
Approved as to Form:
By L
0*+r \,l'atc,lntn$
uvJ
C^{T.
A{tu*t
)DB.ur, [rr.
("Landowner")
I
l I
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A notary public or other officer completing this certificate
verifies 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.
t6"or>
STATE OF CIALIFORNIA
COUNTY OF 5A i clc
On before me,, Notary Public,
(hclc insc name and tit l'th ccr
personally appeared (at\4-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that heishe/they executed the same in
his/heritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct. A^^6r.
WITNE,SS my hand and official seal.
)
)
)
ss
R. TAMARA BUGNER
@ lotary Pubhc - Shle ol Kansas
N4y Appt Erpires ?azz-
Signature
lsEALl
ACKNOWLEDGMENT
\ ^- u,?,
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