2021/07/26 B-Wise Capital Management, Inc. GP16-027R Polus Residence GradingAGREEMENT
Polus Residence
FOR GRADING, EROSION CONTROL, NPDES and DRATNAGE PROJECTS
GP'16-027R
This Agreement,
California, herein
Developer:
made and entered into by and between the City of Menifee, State of
called City, and B-Wise Capital Management, lnc., hereinafler called
WITNESSETH
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 Gp16-027R , agrees, at Developer,s
own cost and expense, to furnish all labor, equipment, and material necessary to perform and
complete, and within 24 months from the date this agreement is executed, to perform and
complete in a good and workmanlike manner, said grading in accordance with the gradingplans 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 forlh in City-adopted ordinances, 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_Tlyslg
Thousand and no/l00 , Dollars $ 20.000,00 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 suit is 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 lo 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 time specified or any extension lhereof
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.
SIXTH: The Developer, or his agents and employees shall give 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, 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 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 foregoing 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 its 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.
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 are 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.
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, eltensions 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 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 conststs of only
rough or precise grading, upon lhe satisfactory completion and final approval of said work by
the City Engineer, ll4,1Q@.!!- of the security applicable thereto shall be released or retumed
by the City to the Developer within 30 days. The remaining S 6,000.00 security (for Erosion
Control and WOMP) 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 by the parties hereto that if any part, term or provision
of this agreement is determined by the Courts to be unlaMul 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 as a
waiver thereof.
THIRTEENTH: The grading operation will conform to the contract documents and City-adopted
ordinances. Any conflict or discrepancy between the drawings and the Grading Notes shall be
brought to the attention of the City Engineer, who will issue a ruling.
FOURTEENTH: The grading operation shall obtain a Construction General Permit from the
State of California Regional Water Quality Control Board and conform to all requirements.
FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation
according lo Sections 300 and 301 of the latest edition of the Standard Specifications for Public
Works Construction. The geotechnical quality control will be under the supervision of a
registered geotechnical engineer in the State of California.
SIXTEENTH: The City may elect to perform geotechnical quality assurance of the grading
operation, and this work 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
agreemenl shall be served on the other party by mail, postage prepaid, at the addresses listed
below.
NINETEENTH: This agreement contains the entire agreement of the parties as to the matters
set forth herein. No waiver of any lerm or condition of this Agreement shall be continuing as a
waiver thereof.
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City of Menifee
29844 Haun Road
Menifee, CA 92586
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IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL
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2020 CITY OF MENIFEE
Yolanda S. Macalalad,
City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
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ALL. PURPOSE
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State of California )
:JttCountyof Riverside
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the foregoing paragraph is true and correct.
S. M.WILLCUT
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c0Ml\4 . # 23105,15 )0WITNESS my hand an officral seal.TIOTARY PUELlC . C,rtlt0R l 0RIVERSIDE COUNTY
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Public Signature (Notary Public Seal)
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