2022/05/18 FPG Tricon Menifee Property, LLC For the Construction of Street Improvements Tract 32628AGREEMENT
FOR THE CONSTRUCTION OF STREET IMPROVEMENTS
TRACT 32628
This Agreement for Construction of Private Street and Drainage Improvements ("Agreement") is made
and entered into by and between the City of Menifee, State of California, hereinafter called City, and FPG Tricon
Menifee Property, LLC , hereinafter called Developer.
Developer at
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known
as Adler Ranch, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and
materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this
Agreement is executed, in a good and workmanlike manner, all private road and drainage improvements in
accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy
of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto
in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and
Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its
sole discretion, City may extend the period of time for completion of the work by providing written notice to
Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may
be provided as specified in Section Nineteenth or via electronic mail to
rgrexton@woodbridgepacific.com. All the above required work shall be done under the inspection of and to
the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing
as complete by the City Engineer. Developer further agrees to maintain the above required private improvements
for a period of one year following acceptance by the City, and during this one year period to repair or replace, to
the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer
further agrees that all underground private improvements covered by this Agreement shall be completed prior to
the paving of any roadway. The estimated cost of said work and private improvements is the sum of Two Million
Six Hundred Seven Thousand Five Hundred and no/100, Dollars, $2,607,500.00 ("Estimated Cost").
Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all
necessary permits and licenses and give all necessary and incidental notices required for the lawful
construction of the work and performance of Developer's obligations under this Agreement.
Developer shall conduct the work in full compliance with the regulations, rules, and other
requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability,
pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement,
including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and
for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map
and improvement plans, unless such fees have not yet been assessed and are not yet due and payable. The
fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be
imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve
Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is
brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements,
all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be
paid by Developer, 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. Developer, not the City, shall
be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, 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 for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
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