2022/05/18 FPG Tricon Menifee Property, LLC Tract 32628 for the Construction of Water ImprovementsAGREEMENT
TRACT 32628
FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement for Construction of Private Water System 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.
WITNESS ETH:
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, a private water distribution system, complete with
all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory
operation of said distribution system, and, further, to extend main or mains from the existing supply system
maintained and operated by Eastern Municipal Water District, to connect with the distribution system
described above with all pipe laid at such a depth as to provide a fully-thirty six inch (36") minimum cover from
the top of the pipe to street grade, unless otherwise specified by the City Engineer, 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 Developer at 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 and accepted by the above named
agency into its sewer system. 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 private underground 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 Six Hundred Twenty Nine Thousand and no/100, Dollars, i 629,000.00 , ("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 water distribution system
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.
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1forMay 18
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1
DocuSign Envelope ID: F20B9DC1-DFB7-4614-9D25-290EB49834C1