2010/12/01 Eldorado Riverside Venture, LLP TR 31582 Grading ImprovementsAGREEMENT
FOR GRADING PROJECTS AND/OR EROSION CONTROL IMPROVEMENTS
'['his agreement, made and entered into by and between the City of Menifee, State
of Califbrnia. hereinafter called City. and Eldorado (Riverside) Venture, L.L.L.P., a
Delaware limited liability limited partnership. hereinalter called "Owner".
WITNESSEl'H:
FIRST: Owner, for and in consideration olthe approval by City ofthe final map
ofthat certain land division known as Tract/Parcel Mao No.31582, hereby agrees, at
Owner's own cost and expense, to fumish all labor, equipment and materials necessary to
perfomr 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 Otficial. and are on file in the office olthe 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 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 following acceptance
by the City, and during this one year period to repair or replace, to the satisfaction of the
Building Official. any defective work or labor done or defective materials furnished.
Owner further agrees that all underground improvements shall be completed prior to the
paving ofany roadway. The estimated cost of said work and improvements is the sum of
Eishtv Two Thousand Dollars ($82.000.00).
THIRD: City shall not. nor shall any officer or employee of City, be liable or
responsible lor any accident, loss or damage happening or occurring to the works
specified in this Agreement prior to the completion and acceptance thereof, nor shatl City
or any officer or employee thereof. be liable for any persons or property injured by reason
ofthe nature of the work, or by reason ofthe 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, del'end, and hold harmless City and the officers, agents
SECOND: Owner agrees to pay to City the actual cost of such inspections of the
work and improvements as may be required by the Buitding Official. Owner further
agrees that, if suit 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 enforcing such obligations
shall be paid by Owner, including reasonable attorney's fees, and that, upon entry of
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.
and employees thereof from all loss. damage, liability or claim because of, or arising out
of the 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 thereof granted by
the City.
FIFTH: The Owner shall provide adequate notice and warning to the traveling
public ofeach and every hazardous or dangerous condition caused or created by the
construction of the works of improvement at all times up to the completion and formal
acceptance of the works of improvement. The Owner shall protect all persons from such
hazardous or dangerous conditions by use oltraffic 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
Menifee Engineering all reasonable lacilities for obtaining full information with respect
to the progress and manner of work.
SEVENTH: llOwner, its agents or employees, neglects, ref-uses, 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 of the
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 the
Building Officiat. to terminate all rights of Owner because of such default. The
determination by the Building Official of the quesrion as to whether any olthe 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 ofthis
section shall be in addition to alI other rights and remedies available to City under law.
The failure of the Owner to commence construction shall not relieve the Owner or surety
lronr 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) ofSection 66499 of the Govemment Code in any amount not less than the
estimated cost ofthe work for the faithful performance ofthe terms and conditions ofthis
agreement, except that when the estimated cost of said work is $2,500 or less, the security
shall be a deposit ofcash or its equivalent as determined acceptable by the Building
Offrcial. Owner further agrees that if the security is a bond and if the sureties on the
faithful performance bond or the amount of said bonds in the opinion of the 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 Olficial that the sureties or amounts are
insufficient. Notwithstanding any other provision herein, if Owner lails to take such
action as is necessary to comply with said notice, he shall be in defautt of this agreement
unless all required work is completed within 90 days of the date on which the Building
Official notifies the Owner of the insufficiency of the sureties or the amount ofthe bonds
or both.
NINTH: It is further agreed by and between the pa(ies 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 ofapproval lor 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 aforesaid bond or bonds in lull force 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 ifany part, term or
provision ofthis agreement is by the courts held to be unlawlul 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 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 party when deposited in the United
States Mail, first class, postage prepaid, addressed as follows:
qTI
Building Officiat
City of Menifee
2971 4 Haun Road
Menifee, CA 92586
Eldorado (Riverside) Venture, L.L.L.P.
c/o Avanti Prope(ies Group 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 forth herein. No waiver ofany term or condition of this Agreement shall be a
continuing waiver thereoL
[Signatures on .fullowing page]
Owner
IN WTTNESS WHEREOF, Owner has affixed his name, address and seal.
OWNER
ELDORADO (RJVERSIDE) VENTURE, L.L.L.P., a Delaware limired liability
limited partnership
By: Eldorado (Riverside) ASLI V, L.L.L.P., a Delaware limited liability limited
partnership, its sole general panner
By, Eldorado (Riverside) GP, LLC, a Delaware limited liability company, its sole
general partner
By: Avanti Prope(ies Group II. L.L.L.P.. a Delaware timited liability limited
partnership, its sole manager and member
By: Avanti Development Corporation Il, a Florida corporation, its sole general partner
Dated la
By: Marvin M. Shapiro, Vice President
CITY OF MENIFEE
By
Wallace W. Edgerton, Mayor
ATTEST:APPROVED AS TO FORM
By
pwtd Feld, City
Kathy Bennett, City Clerk
SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
4
,fR,
STATE OF FLORIDA
COUNTY OF ORANGE
..CrrrJ t ilt,,*1d,"otary Public, certifo that Marvin M. Shapiro, Vice President of
AVANTI DEVELOPMENT CORPORATION II, 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 rry hand and official seal, this /J'- day of -ltrn Lrr ,20lo.
Notary Pu blic
SUSAN C WHITFIELO
coMMtsstoN s EE22232
EXPIRES AUG 30 2014
SO'IOED THEOUGH
RU ltisuMlrE CoMPAXY
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