2022/10/01 DMSD Cajun Properties, LLC On-Site Landscape and Irrigation ImprovementsAGREEMENT FOR
ON-SITE LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON-SITE LANDSCAPE AND
IMPROVEMENTS ("Agreement") is made and entered into as ofthe l- day of
IRRTCAT
M"Vr\'
ION
2022, by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and
DMSD CAJUN PROPERTIES, LLC, a Califomia Limited Liability Corporation ("Landowner").
WITNESSETH
! Landowner, for and in consideration ofthe approval ofan on-site landscape plan
for the installation of landscape and inigation related materials ("Work") on that certain
development plan known as "Popeyes On-site Landscaping and Irrigation Plans", (Landscape Plan
No. PLN22-0199, conceptually a part of Plot Plan No. PLN20-0348), which is localed at26765
Newport Road, west of Winterhawk Road, APN 360-200-029, (the "Property"), agrees, at
Landowner's own cost and expense, to lumish all labor, equipment, and material necessary to
perform and complete the Work and, as it relates to the landscape and irrigation improvements as
shown on the Approved Landscape Plan, known as "Exhibit L" to this agreement.
L Landowner also agrees that it shall maintain for a period of twelve (12) months
after its Building Permit has been "finaled" or Certificate of Occupancy has been issued or as
otherwise required by City's Community Development Director in a good and workmanlike
manner, all those landscape and irrigation improvements in accordance with those landscape and
irrigation plans for the development of said entitlement which have been approved by City's
Community Development Director, and are on file with the City of Menifee Community
Development Department, and to do all work incidental thereto in accordance with the standards
set forth in Menifee Municipal Code Chapter 9 and Menifee Municipal Code Chapter 15.04, which
are expressly made a part of this Agreement. All ofthe Work shall be done under the inspection
of and, to the satisfaction oi City's Community Development Director and shall not be deemed
complete until approval of the final inspection is made by City's Community Development
Director. Approval of City's Community Development Director of the Work and of the final
planting shall be in writing. The estimated cost of the Work is SIXTY-TWO THOUSAND
NrNTY-EIGHT DOLLARS AND SEVENTY-ONE CENTS ($62,098.7t).
3. Landowner agrees to pay to City the actual cost ofsuch inspections ofthe Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such
obligations shall be paid by Landowner including reasonable attomeys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
267 l,O3 I E5E{00 I
E,21088.2 ao9UD2
4- To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City). indemnify, and hold free and harmless City and City's agents, officers, and
employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attomeys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of investigation)
that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct ofLandowner, any ofthe Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities control (collectively, the "Liabilities"), in connection with the
implementation of this Agreement. Such obligation to defend, hold harmless, and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such Indemnitee.
5- Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the Work within the time specified or any extension thereof granted by
City's Community Development Director, and upon the City's Community Development
Director's final approval of the Work.
6- Landowner agrees at all times, up to the completion and written approval ofthe
Work by City's Community Development Director, to give good and adequate waming to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
1- Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner shall provide City's Community Development Director with any and all information
or any other materials, deemed reasonably necessary by the Community Development Director or
its designee, to allow the City's Community Development Director or its designee the ability to
monitor, assess, and inspect the progress and manner ofthe Work,
& Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance ofthe Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
lndustrial Relations of the State of Califomia, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. lt is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the Califomia Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
267 tml I 8JE-00{ r
E62loaA.2 rO9D7n2
9. IfLandowner, or 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 as have been, or may be, granted by City's Community Development Director,
or ifLandowner violates, neglects, refuses, or fails to perform satisfactorily any ofthe provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such default may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. PLN22-0348 and Landscape
Plan No. PLN22-0199) of Landowner due to such default. The determination of City's
Community Development Director of the question as to whether any of the terms of this
Agreement or the plans and specifications have been violated or have not been performed
satisfactorily shall be conclusive upon Landowner, and any and all parties who may have any
interest in this Agreement or any portion thereof. No delay or omission in the exercise of any right
or remedy by City shall impair such right or remedy or be construed as a waiver. City's consent
or waiver of one act or omission by Landowner shall not be deemed to constitute a consent or
waiver of City's rights with respect to any subsequent act or omission by Landowner. Any waiver
ofany default shall be in writing. The foregoing provisions of this Section shall be in addition to
all rights and remedies available to City under law.
10 Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufficient security as provided in subsections (l), (2), and (3) of subdivision (a) of
Section 66499 ofthe Govemment Code in any amount not less than the estimated cost of the Work
for the faithful performance ofthe terms and conditions ofthis Agreement, except that when the
estimated cost ofsaid work is $2,500 or less, the security shall be a deposit ofcash or its equivalent
as determined acceptable by City's Building Director. Landowner further agrees that if the
security is a bond and ifthe sureties on the faithful performance bond or the amount of said bonds
in the opinion of City's Community Development Director becomes insufficient, Landowner
agrees to renew each and every bond or bonds with good and sufficient sureties or increase the
amount of said bonds, or both, within ten (10) days after being notified by City's Community
Development Director that the sureties or amounts are insufficient. Notwithstanding any other
provision herein, iflandowner fails to take such action as is necessary to comply with said notice,
Landowner shall be in defauh of this Agreement unless all required work is completed within
ninety (90) days of the date on which City's Community Development Director notifies
Landowner ofthe insufficiency ofthe sureties or the amount ofthe bonds or both.
-LL lt is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers ofany instruments or letters ofcredit securing this Agreement,
that, in the event it is deemed necessary to extend the time of completion of the Work contemplated
to be done under this Agteement, extensions of time may be granted from time to time by City's
Community Development Director either at his/her option or upon request ofLandowner, and such
extensions shall in no way affect the validity ofthis Agreement or release the surety or sureties on
said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of
any instruments or letters of credit in full force and effect during the term of this Agreement,
including any extensions of time as may be granted thereon.
12- Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or retumed
by City to Landowner.
267rl03185E-0001
a6210A8.2 to9n7n2 -J-
13- This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
14- With the exception ofthe specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
-ll- lt is understood and agreed by the parties hereto that ifany part, term, or provision
ofthis Agreement is held to be unlawful and void, the validity ofthe remaining portions shall not
be affected and the rights and obligations ofthe parties shall be construed and enforced as if this
Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of
any term or condition ofthis Agreement shall be a continuing waiver thereof.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
U- Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance ofthis Agreement.
1& The laws of the State of Califomia shall govem this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, Califomia. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
!9- The person(s) executing this Agreement on behalfofthe parties hereto warrant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement.
N, Any notice or notices required or permitted to be given pursuant to this Agreement
shall be served on the other party by mail, postage prepaid, at the following addresses:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
To Landowner:
DMSD CAJUN PROPERTIES, LLC
41760lvy Street #201
Murriet4 CA92562
[signatures on following page]
2671/03tE5E-0001
a62l0Aa-2.09UD2 -4-
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
DMSD CAJUN PROPERTIES, LLC
("Landowner")
Dated: llulun-By
(Signature President or I Officer)
Dawood Beshay
(Print Name)
Manager
(Title)
Dated:By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
\olttl L'L-ByDated
Approved as to Form:
T. Me
City Attomey
Cheryl Ki
Commun opment Director
526?l/1031E58{001
a62l0a8 2 609D7 n2
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF &I'IE$dL
o" Sctb wbr 21 ]%"L,berore me,YVlornex.tJrls Notary Public,
(here inscrt narne and title ofthe officer)
personally appeared
who proved to me on the basis of satis evidence to be the person(g) whose name(/) is/f
subscribed to the within instrument, and acknowledged to me that he l$Glt\ly executed the same tn
hislh/rltSr authorized capacity(ies), and that by hisllyrftbdir signature(/) on the instrument the
person!4, or the entity upon behalf of which the persoryfrJ acted, executed the instrument.
I cerrify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
)
)
)
ss
,"Wr,l*
lsEALl
IrARTTEE W000s
Notary Public _ California
Riva.tlde Couit'/
Commission # 2124774
Signatu
ay Comh. Erpket Lar 17 2C?4
26?l/03tE58-0001
A62|0AA.2 ^0927/22
-6-
ACKNOWLEDGMENT
POPEYES NEWPORT
26765 NEWPORT ROAD,
MENIFEE, CA 92584
ON-SITE LANDSCAPE PLANS
APN# 360-020-029
clTY oF MENIFEE GENERAL NoTESI REQUIRED LANDSCAPE INSPECTIONS
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