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2010/12/01 Eldorado Riverside Venture, LLP TR 31582-1 Grading Improvements (5)This agreemenl, made and entered into by and between the City ol Menifee, State of Califomia, hereinafter called City, and E,ldorado (Riverside) Venture, L.L.L.p., a Delaware limited liabitity limited partnership, hereinafter called ',Owner,,. AGREEMENT FOR GRADING PROJECTS AND/OR EROSION CONTITOL IMPROVEMENTS WITNESSETH: One Hundred Sixteen Th usand Five Hundred l)ollars (SI I6.s00.00). FIRST: Owner, for and in consideration of the approval by City of the final mapofthat certain land division known as Tract/Parcel Mao No.31582-1, hereby agrees, at owner's own cost and expense, to fumish all labor, equipment and materials necissary toperform and complete, within 24 months from the date this agreement is executed, in a good and workmanlike manner, all grading projects and/or erosion control improvements in accordance with those plans for said land division which have been upprorid by th" Building Official, and are on file in the office of the Menilee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor, which are hereby expressly made a part of this agreement. All the above required work shall be done under the inspection ofand to the satisfaction ofthe Building Official, and shall not be deemed complete until approved and accepted as complete by the city. owner further agrees to maintain the above required improvements for a period ofone year fo owing acceptance by the City, and during this one year period to repair or replace, to the satisfaction ;f the Building official, any defective work or labor done or defective materials fumished. owner further agrees that all underground improvements shall be completed prior to the paving ofany roadway. The estimated cost ofsaid work and improvements is the sum of o SECOND: Owner agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the Building Official. Owner further agrees that, ifsuit is brought upon this agreement or any bond guaranteeing the completion ofthe grading projects and/or erosion control improvements, all costs and reasonable expenses and fees incurred by city in successfully enfbrcing such obligations shall be paid by Owner, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and iees shall be taxed as costs and included in any judgment rendered. Venue for any such Iitigation shall be Riverside Superior Court. 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 acceptance thereof, nor shall City or any officer or employee thereof, be liable lor any persons or property injured by reason of the nature ofthe work, or by reason ofthe acts or omissions olOwner, its agents or enrployees, in the performance of the work, and all or said liabilities are assumed by Owner. Owner shall to protect, defend, and hold harmless City and the officers, agents I and employees thereol from all loss, damage, liability or ctaim because of, or arising outofthe acts or omissions olowner, its officers, agents and employees, in the perfornianceolthis Agreement or arising out ofthe use ofany patent or patented articte in the performance of this Agreement. FOURTH: The Owner hereby grants to City, or any agent or employee of City, the irrevocable permission to enter upon the lands ofthe subject land division for the purpose of completing the improvements. This permission shall terminate at such time asowner has completed work within the time specified or any extension thereofgranted by the City. FIFTH: The owner shall provide adequate notice and warning to the traveling public ofeach and every hazardous or dangerous condition caused oicrealed by the construction of the works of improvement at all times up to the completion and formal acceptance ofthe works of improvement. The owner shall protect all persons lrom such hazardous or dangerous conditions by use oftraffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours. SIXI'H: Owner, its agents and employees, shall give notice to the Building official at least 48 hours before beginning any work and shall furnish said city of Menifee Engineering all reasonable facilities for obtaining full information wiih respect to the progress and manner of work. SEVENTH: If Owner, 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 which have been granted by City, or if Owner violates, neglects, refuses, or lails to perform satislactorily any ofthe provisions ofthe plans and specifications, owner shall be in default of this agreement and notice ofsuch default shall be served upon owner. city shall have the power, on recommendation of theBuilding Officiat, to terminate all rights of Owner because of such default. The determination by the Building official olthe question as to whether any olthe terms of the agreemenl or specificalions have been violated, or have not been performed satisfactorily, shall be conclusive upon the owner, and any and all parties who may have any interest in the agreement or any portion thereoL rhe foregoing provisions of this section shall be in addition to all other rights and remedies available to city under law. l'he failure of the owner to commence construction shall not relieve the owner or surety lrom completion of the inrprovements required by this agreement. EIGHTH: Owner 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) ol subdivision (a) ofsection 66499 of the Govemment code in any amount not less than the estimated cost ofthe work for the faithful performance of the 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 the Building Olficial. Owner further agrees that ilthe security is a bond and ifthe sureties on the laithful performance bond or the amount ofsaid bonds in the opinion ofthe Building l official becomes insufficient, owner agrees to renew each and every bond or bonds withgood and sufficient sureties or increase the amount ofsaid bonds, or both, within ten (10) days after being notified by the Building Oftrcial that the sureties or amounts are insufficient. Notwithstanding any other provision herein, ilowner fails to take such action as is necessary to comply with said notice, he shall be in delault of this agreement unless all required rvork is compleled within 90 days ofthe date on which the Builoing official notifies the owner ofthe insufficiency ofthe sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion ofthe work contemplated to be done under this agreement in accordance with the terms, requirements and provisions ofthe conditions olapproval for the project, extensions of time may be granted, from time to time, by City, either at its own option, or upon request of Owner, so long as the requested extensions in no way alter the time frames for project improvements as set forth in the conditions ofapproval, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. owner further agrees to maintain the afbresaid bond or bonds in full lorce and effect during the terms of this agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawfr:l and void, the validity of the remaining portions shall not be affected and the rights and obligations ofthe parties shall be construed and enforced as if the agreement did not contain that particutai part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be deemed served on the other party when deposited in the United States Mail, first class, postage prepaid, addressed as follows: C'in' Building Of'ficial City of Menilee 2971 4 Haun Road Menifee. CA 92586 Owner Eldorado (Riverside) Venture, L.L.L.P. c/o Avanti Properties Croup II, L.L.L.P. 923 N. Pennsylvania Avenue Winter Park, FL 32789 Attention: Mr. Marvin Shapiro TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forlh herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof'. [Signatures on follou,ing pageJ IN WITNESS WHEREOF, Owner has affixed his name, address and seal. OWNER ELDORADO (RMRSIDE) VENTURE, L.L.L.P., a Delaware timited liabitity limited partnership By: Eldorado (Riverside) ASLI V, L.L.L.p., a Delaware limired liability limited partnership, its sole general partner By: Eldorado (Riverside) GP" LLC, a Delaware limited liability company, its sole general partner By: Avanti Properties Group II, L.L.L.P., a Delaware limited liabiliry limited partnership, its sole manager and member By: Avanti Development Corporation II, a Florida corporation, its sole general partner [)ated By: Marvin M. Shapiro, Vice President CITY OF MENI}-EE By Wallace W. Edgerton, Mayor A'ITEST: -\. APPROVED AS'IO FORM By {ffi.r r,xtr Karen Feld, City Attomey Kathy Bennett, City Clerk SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPI,ICATE J talrlro .--efru=y742 I ,t ,t ) N6tary Public SUSAN C WHITFIELD coMMrssroN # EE22232 EXPTRES AUG 30 2014 roItxD rHl006H RUt SlJRAflCt COMPAIIY STATE OF FLORIDA COUNTY OF ORANGE t, ,*e,rat I t l,,*4r'/ ,Notarypubtic,cerrifytharMarvinM.Shapiro,vicepresidentof AVANTI DEVELOPMENT CORPORATION Il, a Florida corporation, being personally known to me to be Marvin M. Shapiro, came before me this day and acknowledged that he is the Vice President of AVANTI DEVELOPMENT CORPORATION II, a Florida corporation, and that he as Vice President, being authorized to do so, executed the foregoing on behalfofthe corporation. Witness my hand and official ."u1, thi. /Jr d uy of tru,nkf ,zoto ) {<tu*ailorrvtst Pua.E Ilirdr oFl t F.oFlur.l-qq-