2021/05/06 David Mendoza, Sergio Mendoza, and Rosa Isela Torres TPM 37236 Constructin of Road ImprovementsAGREEMENT
FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
TENTATIVE PARCEL MAP 37236
This Agreement for Construction of Road and Drainage lmprovements ("Agreement') is made a nd
entered into by and between the City of Menifee, State of California, hereinafter called CitY, and
David Mendoza, Se io Me ndioza, and Rosa lsela Torres hereinafter called Developer
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division
known as Tentative Parcel MaD 37236 hereby agrees,at DeveloPer's own cost and expense, to furnish all
labor, equipment and materials necessary to perform and complete, within Two Thousand Five Hundred Fiftv
-orrnrantike manner, all road andFive Davs from the date this Agreement is executed, in a good and
drainage improvements in accordance with those Road Plans for said land division which have been aPProved
by the City Engineer, a copy of which are on file in the ofiice of the CitY of Menifee Engineering DePartment,
and do all work incidental thereto in accorda nce with the standards set forth in Riverside CountY Ordinance No
460 and City Standards and SPeciflcations, as amended, or its successor, which are hereby expresslY made a
part of this Agreement. At its sole discretion, City may extend the Period of time for completion of the work bY
providing written notice to Develo per of said exte nsion. To be effective such notice must be Provided bY the
City Engineer. Such notice maY be provided as specified in Section Ninetee nth or via eleclronic mail to
Develope r at brianmendoza06@vahoo.com All the above required work shall be done under the insPection
of and to the iatisfaction of the City Engineer and shall not be deemed complete until approved and accepted
in writing as complete bY the CitY Enginee r. Developer further agrees to maintain the above required
improvem ents for a period of one year following acceptance bY the CitY, and du ring this one year Period to
repair or replace,to the satisfaclion of the CitY Engineer,any defective work or labor done or defeclive
materials furnishe d. Developer further agrees that all underground imProvements covered by this Agreement
shall be completed Prior to the paving of anY roadwaY The estimated cost of said work and improvements is
the sum of Two n re OU an 100 Dollars, $200.000.00,("Estimated Cost'). Prior to
commencing anY work, Developer shall, at its sole cost, expense, and liability, obtain all necessary Permits and
licenses and give all necessary and incidental notices required for the lav'rful construction of the work and
performance of DeveloPer's obligations under this Agreement. Developer shalI conduct the work in full
compliance with the regulations,
Developer.
rules, and other requirements contained rn any permit or license issued to
judgment
SECoND:DeveloperagreestopaytoCitytheactualcostofSuchinspectionsoftheworkand
improvements as may be ,"qrnEJLv tne'cii,7 engin6er..Developer shall, at its sole cost' expense and liability'
pay all fees, charges, ana ta*es ar-is'ing out of co-nstruction of the work performed pursuant to this Agreement'
inctuding, but not timited t" f;;; fi";ring, fiting, and -processing of improvement plans and specifications
and for inspecting tne "onstruction
oi r"io w-orr. inese fees must-be paid in full prior to approval of the final
map and improvement ptans,-untes" such fees have not yet been assessed and are not yet due and payable'
The fees referred to tne anove are not necessariry the oniy city fees, charges, or other cost that have been or
will be imposed on tne suOaivision and its development, and thit Agreement shall .in no way exonerate or
relieve Develope, fro. p"y,ni .r".n otn"t
"ppf "lble fees, charges and]/or cost Developer further agrees that'
if suit is brought upon tnis ,(gieement or any bond guaranteEing the completion of the road and drainage
improvements, alt costs ,"0'I""tonlUr" "ip"nr". aid fee= incined by City in successfully enforcing such
obligations shall be paid ov o"iliopo, in"trling t."r"onrble attorney's fees, and that' upon entry of judgment'
all such costs, expenses ano fees ,nait u" ta*"i as costs and included in any iudgment rendered Developer,
not the city, shall be legally responsible for making any payment and/or taking any action required by any such
THIRD:CityShallnot,norshallanyofficeroremployeeofCity'beliableorresponsibleforanyaccident,
loss, in,ury, or damage n"pp""i"g or o.",]ning io the worri specifiea in this Agreement prior to the completion
and acceptance thereof, no6n"[ City o, "ny-offi""1
or employee thereof, be liable for any persons or property
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injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, itsagents or employees, in the performance of the work, and all or said liabilities are assumed by DeveloperDeveloper shall defend, indemnify, and hold harmless City, its elected ofiicials, officers, emptoyees, agents,and volunteers from any -and all actual or alleged cliims, demands, causes of action, jiroir,tv,- lo.i,administrative action of any federal, slate, or local government body or agency, arising out of or incideni'to anfacts, omissions, negligence, or willful misconduct of Developer, itJ peisonnel,- employees, agents, orcontractors in connection with or arising out of construction or maintenance of the work contemplatid underthis Agreement, or performance of this Agreement. This indemnification includes, without limitation, thepayment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents tor all tegaiexpenses, and cost incurred by each of them. This indemnification excludes only such port'ion of any claim,demand, cause of action, liability, loss, damage, penalty, fine, or injury, to proferty or persons, includingwrongful death, which is caused by the negligence or wiilful misconduct'of Ciiy as Oetermined by a courl o*radministration body of competent jurisdiction. Developer's obligation to indemnify shall survive thl expirationor termination of this Agreement, and shall not be restricled to insurance proceeds, if any, received Oy bity, itselected ofiicials, ofiicers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocablepermission to enter without any additional consent upon the lanis ot the suolea llnd division for the purposeof completing the improvements. This permission shall terminate in the event that Developer has compietedwork.within the time specified or any extension thereof granted by the City. Under such circumstances,Developer shall be responsible for any and all expenses, Costs, tiabilities,
"nd f"", (including attorneys,feesand litigation cost) ("Completion
. Costs") incurred by the City in connection with ensuring that the workcontemplated by this Agreement is completed. Developer shajl remit such Completion Cosis to 6e city nomore than-thi(y (30) days of the date that the City notifies Developer of such Compietions Costs. Failure toremit the Completion Costs in a timely matter shall result in tne iity having the ritnt'to invote any remedyprovided by-law including the encumbrance of the any property ownld by devetopEr ln the amouni equai ioany unpaid Completion Costs.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each andevery hazardous or dangerous condition caused or created by the constrr.Ltion of ttrl wo*s ot improvement atall times up to the completion and formal acceptance of the works of improvement. The Developei shall proteciall persons from such hazardous or dangerous conditions in compiiance with State law regulations andstandards for traffic regulatory control methods, including, but not limited to, stopligns, regutatory signs orsignals, bariers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at leastforty-eight (48) hours before be-ginning 1ny ryork. Developei shall provide the City Engineer or his designeereasonable access to facilities for obtaining full information with respect to tne prolress and manner of workand shall fully cooperate with any investigation regarding the same.
. SEVENTH: lf Developet its agents or employees, neglects, refuses, or fails to prosecute the work withsuch diligence as to ensure its._completion within the specifred time, or wiihin sucnLiiensions of time whichhave been granted by City, or if Developer violates, neglects, refuses, or taits to fertoim satisfactorily any ofthe.provisions of the plans and specifications, Develop6r shall be in oefauli oi irrtr ngr""r"nt and notice ofsuch default shall be served_ up-on Developer. City shall have the power, on reiorn'menoation of the CityEngineer, to terminate all rights of Developer as a result of such defauit, rut saia termination shall not affect orterminate any rights of city as against Developer or any surety then existing or which thereafter accruebecause of such default The determination by the City Engineer of the question
""r
io *n"tn"r
"ny
of the termsof the Agreement or specifications have been violaied, 6r have not been performed satisfactorily, shall beconclusive upon the Developer -a19 aly surety, and any and all parties *no ,ry nrr" any interest in theAgreement or any portion thereof. The foregoing provisions of this section shall be in aOJition to all other rightsand remedies available to city under this Agreement or the law The failure of the Developer to commence orcomplete construction shall not relieve the Developer or surety from completion or in" irpror"rents requiredby this Agreement.
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EIGHTH: Developer agrees to file with city, prior to the date that this Agreement is executed, both a
good and sufficient improvem-ent security in an amount not less than the Estimated costs of the work and
i;ft;;"rt" for the faithful performance of the terms .
and conditions of this Agreement, and good and
sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside
County Ordinan6e a6O as amended to secure the claims to which reference is made in Title 3 (commencing
with Slction 9000) of part 6 of Division 4 of the Civil code of the State of California. Developer agrees to
renew each and every Said bond or bonds with good and Sufficient Sureties or increase the amount of said
oonJs, or both, within ten (10) days after being notiRed by the city Engineer that the sureties or amounts are
insufficient. Notwithstanding "'ny Jtn"t provisio-ns herein, if Developer fails to take such action as is necessary
i"-""rprv with said notice,-oeJetoper shall be in default of this Agreement unless all required improvements
ii" "oinbr"t"o
within ninety 1so;'a.yt of the date on which the city Engineer notified Developer of the
insufficiency of the security or the amount of the bonds or both'
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the-
bonds securing this ngreemJni G"1, in tn" 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 in writing' from
time to time, by City, either at its own option, oi upon request of Developer, and such extensions shall in no
way ateA the valid'ity of tnis nlreemeni or ielease the surety or sureties on such bonds Developer further
"grees
to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement'
in-cluding any extensions of time as may be granted therein'
TENTH. lt is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts neio to be-unlawful and void, the validity of the remaining portions shall not be
affected and the rights ano ootigaiions ot the parties shall be construed and enforced as if the Agreement did
not contain that paiicular part, term or provision held to be invalid'
ELEVENTH: 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 a continuing waiver thereof'
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party iherein'shall be 6ntitled to recover from the other party thereto the reasonable
;tt;;;;yJ "{J paiare-g}s' i.:e., .orrt costs, filing fees, publication cost and other expenses incuned bv the
pr*"iii'ng party in con-nection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to1l".ri" tnit Agree.-ment on behalf of said parties and that, by so executing this
ng;"ri"i ihe parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation.of law,
this Agreement or any interl'si herein without-prioi written consent of City Any attempt to do so shall be null
and void, and any ,."ign"", 'hypoin"""t", ot'tr"n.feree shall acquire no right or interest by reason of such
attempted assignment, nypotnJJate, or transfer. Unless specifically staled to the contrary in city's written
consent, any assignment, n,p"in".rii"., or transfer shall noi release or discharge Developer from any duty or
responsibility under this ngi!".""t. ln the event that City consents in writing to such an assignment' any
assignee, hypothecate, or irinsf"ree shall expressly assume Developer's obligations hereunder by a written
agreement in a form, anO- containing such iurety, a-s. is reasonably acceptable to City Any agreement'
hypothecation, or transfer =h;ll ;; i" i'he satisfaction of the city Attorney and shall include provisions requiring
the assignee to post bonds Ji "ru.it another form of financiil security, satisfactory to city and approved by
the City Attorney, to gr"rrni"" "onitruction
of the work covered by ihis Agreement. The Agreement shall
survive the recordation of the Final Map and shall be recorded agiinst each of the proposed lots to inform
successors and assigns "f ih; ;"q;; ;oik covered by this Agreement to be constructed and their time frame
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for construclion. Following any- permitted assignment, hypothecation, or transfer of the work covered by thisAgreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shallrelease to Developer any bonds or other security posted to secure the work covered by this -Agreement
soassigned; provided, however, that City shall not release any security or undertakings glven tJ secure theperformance of any of the work covered by this Agreement not assigned, hypothecatedlor transferred.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with allapproved maps, conditions, plans, specifications, standard drawings, and speLial amendments thereto on filewith the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,and other requirements. Developer and its contractors, if any, shall perform all w-ork required to construct aliwork performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with thestandards general recognized as being employed by professionals in the same discipline in the State ofCalifomia. Developer represents and maintains that it or its contractors shall be skilled in the professionalcalling necessary to perform the work. Developer wanants that all of tts employees and contraclors shall havesufiicient skill and experience to perform the work assigned to them, and thlt they shall have all licenses,permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterpartsshall be construed together and have the same effect as if ali of the parties irad executed the sameinstruments.
EIGHTEENTH: This Agreement is to be governed by the taws of the state of california.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shallt'e served on the other party by mail, postage prepaid, at the following addresses:
Arly
City of Menifee
29844 Haun Road
Menifee, CA 92586
Develooer
David Mendoza, Sergio Mendoza and
Rosa lsela Torres
29565 Mapes Road, Menifee, CA 92585
- TV(ENTIETH: City's failure to insist upon strict compliance with any provision of thisAgreement or to exercise any right or privilege provided herein, or City's waiver of any breach of thisAgreement, shall not relieve Developer of any of its obligations underihis Agreement, whether of thesame or similar type. The foregoing shall be true whether City's aclions are intentional orunintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shallinure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.This Section shall not be construed as an authorization for any party to ar.ign any right or obligaion.
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lN WITNESS WHEREOF, Developer has afiixed his name, address and seal
Dated ,2021 By David Mendoza, Sergio Mendoza and Rosa
lsela
Mendoza
Sergro endoza
Rosa lsela Torres
Dated: 5 IAC
2l
,20y'CITY OF MENIFEE
Yolan Macalalad, Acting City Engineer
By
Bill Zimmerman, Mayor
ATTEST:
By:
Sarah Manwaring, City Clerk Jeffery T. Melching, CitY AttorneY
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
By
CIry OF MENIFEE
By:
APPROVEDAS TO FORM:
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ACKNOWLEDGMENT
A notary public or other officer completing this
cedificate 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.
State of California
County of Riverside )
On 0 3 before me, Elbert Garcia De Alba Cisneros, Notary Public
(insert name and title of the officer)
personally appeared Da d Medoza. Se.ai o f\wdozq,ave Ragtrr)o-l*Ai@
same tn
t the
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Elbert Garcla De Alba Cisnero!
Comm. #2259546
Notary Publi
RiYersid
c - Californ ia
202.
voe County
res ocl. llComrn
Signature r)
who proved to me on the basis of satisfactory be the whose name(s)
that the
executed the instrument.
WITNESS my hand and official seal.
ttl,,,/ 6*t/0
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