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2010/12/01 Eldorado Riverside Venture, LLP TR 31582-1 Grading Improvements (4)AGREEMENT FOR GRADING PROJECTS AND/OR EROSION CONTROL IMPROVEMENTS This agreement, made and entered into by and between the City of Menifee, State of California. hereinafter called Clity, and Eldorado (Riverside) Venture, L.L.t,.P.. a Delaware limited liability Iimited partnership. hereinalier called "Owner". WITNESSETH: FIRST: Owner, for and in consideration ofthe approval by City ofthe final map ofthat certain land division known as Tract/Parcel Man No.31582-1, hereby agrees, at Owner's own cost and expense, to furnish all labor, equipment and materials necessary to perlorm 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 ofthis 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 satislaction ofthe Building Olficial, any defective work or labor done or defective materials furnished. Owner further agrees that all underground improvements shall be completed prior to the paving oiany roadway. The estimated cost ofsaid work and improvements is the sum of One Hundred Twentv Thousand Five Hundred Dollars (S120,500.00). 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 tha1, 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 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 Cou(. 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 shall City or any officer or employee thereoi be liable for any persons or property injured by reason ofthe nature ofthe work, or by reason of the acts or omissions of Owner, its agents or employees, 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 thereof from all loss, damage. liability or claim because of. or arising out ofthe acts or omissions ofOwner, 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 lbr 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 tiom 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. SIX'|H: Owner, its agents and employees, shall give notice to the Building Olficial at least 48 hours belore beginning any work and shall lumish said City of Menifee Engineering all reasonable facilities for obtaining full information with respect to the progress and manner ofwork. 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 tirne, or within such extensions of time which have been granted by City, or if Owner violates, neglects, refuses. or lails to perlorm satisfactorily any ol'the provisions ofthe plans and specifications, Owner shall be in default of this agreement and notice of such default shall be served upon Owner. City shall have the power. on recommendation of the Buitding Official, to terminate all rights of Owner because of such default. The determination by the Building Official 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 thereoL The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure ofthe 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) ol Section 66499 of the Government Code in any amount not less than the estimated cost ofthe work for the faithful performance ofthe 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 ofcash or its equivalent as determined acceptable by the Building Official. Owner further agrees that if the security is a bond and if the sureties on the faithful performance bond or the amount ofsaid bonds in the opinion ofthe Building Oillcial becomes insufficient, Owner agrees to renew each and every bond or bonds with good and sulficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the Building Official that the sureties or amounts are insufficient. 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 of this 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 olthe 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 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 lorth in the conditions ofapproval, and such extensions shall in no way alfect 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 if any 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 affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular pa(, 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: exy Building Official City of Menifee 29714 Haun Road Menifbe. CA 92586 Eldorado (Riverside) Venture. L.L.L.P. c/o Avanti Prope(ies Group Il. 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 of any term or condition of this Agreement shall be a continuing waiver thereof. [Signatures on .folbwing page J 0wner IN WTTNESS WHEREOF, Owner has affixed his name, address and seal. OWNER ELDORADO (RMRSIDE) VENTURE, L.L.L.P., a Delaware limited liability limited partnership By: Eldorado (Riverside) ASLI V, L.L.L.P., a Delaware limiled liabitity 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 liability limited partnership, its sole manager and member By: Avanti Development Corporation II, a Florida corporation, its sole general partner Dated: I a o CITY OF MENIFEE By Wallace W. Edgerton, Mayor ATTEST: By: Marvin M. Shapiro, Vice President APPROVED AS TO FORM By .<- t ( lCu,u*Karen Feld, City Attomey I(athy' Bennett, bity Clerk SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE ,l ).^-\ ml -/ STATE OF FLORIDA COUNTY OIT ORANGE I...9r^; I ilA;+h"tl ,*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 my hand and oflicial seal, this /J/ day or Dunbe( ,2olo. ( Notary Public @I,','l€ofIq@ coMMlssloN I EE22232 EXPIRES AUG 30 2014 IOIID€D IHSOIJGH SUSAN CWHITFIELD RU lllsui l*E @MPAI{Y