2010/12/01 Eldorado Riverside Venture, LLP TR 31582-1 Grading ImprovementsAGREEMENT
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) Venture, L.L.L.P., a
Delaware limited liability limited partnership, hereinafter called "Owner".
WITNESSETIT:
FIRST: Owner, for and in consideration ofthe approval by City ofthe final map
ofthat 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 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 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 Oflicial. any defective work or labor done or defective materials tumished.
Owner lurther 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
Twentl Fivc Thousand Dollars (s25.000.00).
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 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 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 fbr any such litigation shall be Riverside Superior Court.
I'HIRD: 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 thereofl, nor shall City
or any officer or employee thereof. be liable for any persons or property injured by reason
ofthe nature ofthe work. or by reason ofthe acts or omissions of Owner, its agents or
employees. in the performance olthe work. and all or said liabitities are assumed by
Owner. Owner shall to protect. def'end. and hold harmless City and the officers, agents
and employees thereof from all loss, damage, liability or claim because of, or arising out
olthe acts or omissions of Owner, its officers. agents and employees, in the performance
olthis Agreement or arising out of the use ofany patent or patented article in the
performance of this Agreement.
FOURTH: The Owner hereby grants to C-ity. or any agent or employee olCity,
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 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 waming 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 ofthe 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 furnish 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
time, or within such extensions of time which have been granted by City, or if Owner
violates, neglects, reluses, or fails to perfomr satisfactorily any of the provisions of the
plans and specifications, Owner shall be in delault ofthis agreement and notice ofsuch
default shall be served upon Owner. City shall have the power, on recommendation ofthe
Building Official. to terrninate all rights olOwner because ofsuch 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 porlion thereof. The foregoing provisions ofthis
section shall be in addition to all other rights and remedies available to City under law.
The failure 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) ofSection 66499 ofthe 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 olsaid work is $2,500 or less, the security
shall be a deposit ofcash or its equivalent as determined acceptable by the Buitding
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
l
Olficial becomes insufficient. Owner agrees to renew each and every bond or bonds with
good and sufficient surelies 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
insulficient. 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 ofthe 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 fbr the project, extensions of time may be granted. fiom 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 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 full force and eflect during the terms of this
agreement, including any extensions of time as may be granted therein.
TENTH: lt 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 vatidity 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:
C ir:-wner
Building Official
City of Menifee
29714 Haun Road
Menifee. CA 92586
Eldorado (Riverside) Venture, L.L.L.P.
c/o Avanti Properties Group II, L.L.L.P
923 N. Pennsylvania Avenue
Winter Park. FL 32789
Attention: Mr. Marvin Shapiro
[Signatures on.following page J
TWELFTH: This Agreement contains the entire agreement of the parties as to the
matters set forth herein. No waiver of any term or condition olthis Agreement shall be a
continuing waiver thereof.
IN WITNESS WHEREOF, Owner has affixed his name, address and sea[.
OWNER
ELDORADO (RMRSIDE) VENTURE, L,L.L.P.. a Delaware limited liability
limited pannership
By, Eldorado (fuverside) ASLI V, L.L.L.P., a Delaware limited liability limited
partnership, its sole general partner
By: Eldorado (Riverside) GP, LLC, a Delaware limited liabitity 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 Ftorida corporation, its sole general partner
Dated:e
y: Marvin M. Shapiro, Vice dent
CITY O}-NIENIFEE
),1
Wallace W. Edgerton, Mayor
ATTEST:
By
By 4\t )4
APPROVED AS TO FORM
Z{"U
Karen Feld, City Attomey
Kathy Bennett, City Clerk
SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
.1
/,&, lt itttf
.9,rtrJ I u)A,+["tl .*otary Public, certit/ that Marvin M. Shapiro, Vice President of
AVANTI DEVELOPMENT CORPORATION ll, 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 seal, this lJr day of .Dr,-Lrr .zoto.
Public
SUSAN CWHrrFIEID
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a(PtRES AUG 30 2014
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STATE OF FLORIDA
COUNTY OF ORANGE
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