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2010/12/01 Eldorado Riverside Venture, LLP TR 31455 and TR 31582AGREEMENT FOR GRADING PROJECTS AND/OR EROSION CONTROL IMPROVEMENTS This agreement, made and entered into by and between the City of Menifee, State of Califomia, hereinafter called City, and Eldorado (Riverside) Venrure, L.L.L.P., a Delaware limited tiability limited partnership, hereinafter called "Owner". FIRST: Owner, tbr and in consideration of the approval by City of the final map ofthat certain land division known as Tract/Parcel Mao Nos.31455 and 31582, hereby agrees, at Owner's own cost and expense. to fumish all labor, equipment and materials necessary to perform 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 approved by the Building Official, and are on file in the office of the Menifee 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 Buitding 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 of one year lollowing acceptance by the City, and during this one year period to repair or replace, to the satisfaction ofthe Building Officiat, any defective work or labor done or def'ective 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 ol Sixtv Two Thousand Dollars ($62.000.00). SECOND: Ov,ner 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, if suit is brought upon this agreement or any bond guaranteeing the completion of the grading projects and/or erosion control improvements, all costs and reasonable expenses and fees incurred by City in successfully enlorcing such obligations shall be paid by Owner, including reasonable attorney's fees. and that, upon entry ol judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Venue for any such litigation shall be Riverside Superior Court. THIRD: City shatl 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 thereofl, nor shall City or any officer or employee thereof. be liable 1br any persons or property injured by reason ofthe nature ofthe work, or by reason of the acts or omissions ofOwner, its agents or employees, in the performance ofthe work. and all or said liabilities are assumed by Owner. Owner shall to protect. defend. and hold harmless City and the officers, agents WITNESSETH: and employees thereof from all loss, damage, liability or claim because of, or arising out ofthe acts or omissions of Owner, its officers, agents and employees, in the performance of this Agreement or arising out of the use ofany patent or patented article in the performance of this Agreement. FOURTH: The Owner hereby grants to City. or any agent or employee of City, the inevocable permission to enter upon the lands ofthe subject land division for the purpose of completing the improvements. This permission shall terminate at such time as Owner has completed work within the time specified or any extension lhereof granted by the City. FIFTH: The Owner shall provide adequate notice and waming to the traveling public oleach and every hazardous or dangerous condition caused or created by the construction of the works olimprovement at all times up to the completion and formal acceptance ofthe works ol improvement. The Owner shall protect all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours. SIXTH: Owner, its agents and employees, shall give notice to the Building Official at least 48 hours before beginning any work and shall fumish said City of Menilee Engineering all reasonable facilities tbr obtaining lull information with 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 fails to perform satisfactorily 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 olthe Building Official, to terminate all rights of Owner because of such default. The determination by the Building Olficial of the question as to whether any of the terms of the agreement or specifications 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 thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The lailure of the Owner to commence construction shall not relieve the Owner or surety from completion of the improvements 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 (l ), (2) and (3) of subdivision (a) of Section 66499 of the Govemment 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 ofsaid work is $2,500 or less, the security shall be a deposit ofcash or its equivalent as determined acceptable by the Buitding Oflicial. Owner further agrees that ifthe security is a bond and if the sueties on the faithful performance bond or the amount of said bonds in the opinion olthe Building ) Official becomes insufficient, Owner agrees to renew each and every bond or bonds with good and sufficient sureties or increase the amount ofsaid bonds. or both. within ten ( 10) days after being notified by the Building Official that the sureties or amounts are insuftlcient. Notwithstanding any other provision herein. if Owner fails to take such action as is necessary to comply with said notice, he shall be in default olthis agreement unless all required work is completed within 90 days of the date on which the Building 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 of approval for the project, extensions of time may be granted, from time to time, by City, either at its own option, or upon request ofOwner. 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 aloresaid bond or bonds in full force and effect during the terms ofthis agreement, including any extensions of time as may be granted therein. TUN'fH: It is understood and agreed by the paries hereto that ifany part, term or provision of this agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be altected and the rights and obligations olthe parties shall be construed and enforced as if the agreement did not contain that particular 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 pa(y when deposited in the United States Mail, first class, postage prepaid, addressed as tbllows: City Building Olficial City ol Menifee 29714 Haun Road Menifee. CA 92586 Eldorado (Riverside) Venture, L.L.L.P. c/o Avanti Properties Group I[, 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 pa(ies as to the matters set fbrth herein. No waiver of any term or condition of this Agreement shall be a conlinuing waiver thereoL [S i gnature s on.fol low ing page ] Owner IN WITNESS WHEREOF. Owner has affixed his name. address and seal. OWNER ELDORADO (RMRSIDE) VENTURE, L.L.L.P.. a Delaware limited tiability limited partnership By' Eldorado (Riverside) ASLI V, L.L.L.P.. a Delaware limited 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 liabitity limited partnership, its sole manager and member Dated:IA By: Marvin M. Shapiro, Vice President CITY OF MENIFEE By cO^llr-au /N)4 Wallace W. Edgerton, Mayor ATTESl':APPROVED AS TO I,'ORM By ,tLilt*Karen Feld, City A ev Kathy Bennett, City Clerk SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE .l By: Avanti Development Corporation II. a Florida corporation, its sole general partner