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Garfield Beach CVS, LLC Bond Reduction Letter PP2010-064 PP2011-168Scott,t Mann Moyot ,ohn V. Denvcr Moyor Pro fcm Wallace W. Edterton Counci,rnember Greg August Counci,member Mattlhcw Llesefieyer councilmember CITY OF MENIFEE Community Development Department Charles LaClaire ' lnterim Community Development Director January 26, 2015 Liberty Mutual lnsurance Company CC: Garfield Beach CVS, L.L.C. c/o CVS Pharmacy, lnc. One CVS Dr. W Woonsocket, Rl 02895 Attn: Lease Administration Dept. (5267) RE: Security Release for PP 2010-064 and PP 2011-168 (CVS - 26973 Newport Road, Menifee CA) The City of Menifee Planning Division has completed the initial and twelve month landscaping installation inspections for the CVS located at 26973 Newport Road pursuant to the conditions of approval on Plot Plan No. 2010-064 CVS (Entitlement) and Plot Plan No. 2011-168 (Landscaping Plan). The landscaping and irrigation have been installed and maintained in an acceptable condition. Therefore, due to compliance with the conditions of approval the Planning Division approves the bond release for this project. Please contact the Planning Division at 951-672-6771, if you have questions or need additional information. Sincerely, City of Men e Community Development Department Lisa Gordon, Planning Manager fieNtreE'l"-E_a -' 29714 Haun Road Menf€e, CA 92586 ?hone 9r1.672.6777 Fax 95r.579.rE4, www.cltyofmenffee.us CARE crrs MAB6 GVS Realty Co. Brandon L. Pham RE Legal Counsel 777 So Harbor Blvd, Suite El63 t^a H.bra I Califomia | 9061l -6839 Phone 714.681 5501 Far40l 2160941 BlPham@cvs com August 1, 201 3 Jonathon Smith Director of Public Works & Engineering City of Menifee 29714 Haun Road Menifee, CA92586 KZ DevCo, LP, as an agent of Garfield Beach CVS, L.L.C. ("Owner"), has installed one water service meter for both on and off-site inigation ("Existing Meter") at the CVS Pharmacy site located at the southeast comer of Newport Road and Bradley Road, in the City of Menifee, CA ("Property"). It is our understanding that in the future, certain off-site landscape improvements may be installed to the east ofthe Property, along a strip of land running adjacent to Newport Road ("Off-Site Landscape Improvements"), and that the City of Menifee intends to assume maintenance ofthe Off-Site Landscape Improvements, but only once the irrigation system for the Off-Site Landscape Improvements is serviced by its own separate water service meter. In anticipation of such assumption of maintenance by the City of Menifee, Owner hereby acknowledges that the City of Menifee may require in the future, and accordingly Owner hereby agrees to cause upon receiving such request, the installation ofa new service meter strictly for the benefit ofthe Off-Site Landscape Improvements, which will be located near the Existing Meter but will be separate and distinct from Owner's on-site irrigation system upon the Property. Sincerely, G d .L.C. I on L., Assistant Secretary Anthony S. Lopez, Esq., KZ DevCo, LP; Patrick Cowan, KZ Devco, LP Mark Zimmerman, KZ DevCo, LP; Dan Schultz, Milestone Management; Thomas Wilhelm, CVS Pharmacy cc: Hand Delivery Re: CVS 5267 Newport & Bradley, Menifee Separate Water Service/Meter Acknowledgment Dear Mr. Smith: Ifyou have any questions, do not hesitate to contact me at (714) 681-5501. We look forward to working with you on the matter. KZ DevCo, LP Via Hand Delivered August 2,2013 qF//e/8 ",*t?'f,lft,,.. AU6 0 2 20,3 RECE,VED Re: CyS #5267 - Newport & Bradley, Menifee, CA Dear Mr. Smith: The following documents are being hand delivered today, August 2,2013,by Dan Schultz, MileStone Management, on behalf of KZ DevCo, LP and CVS Realty Co. to the following: CVS Realty Co. letter dated August 1, 2013 regarding the Separate Water Service/Meter Acknowledgment addressed to Jonathon Smith, Director of Public Works & Engineering; Faithful Performance Bond, City of Menifee, State of Califomia, relating to offsite landscaping in amount of $64,029.95 was delivered to David Ross, and Agreement for Landscape Improvements regarding CVS #5267 along with a Performance Bond in amount of $157,091.40 for onsite landscaping was delivered to Lisa Gordon. 1 /dk enclosures cc: Pat Cowan, KZ DevCo, LP Brandon Pham, CVS Realty Co. Dan Schultz, MileStone Management Lisa Gordon, City of Menifee ddocuments David Ross, City of Menifee w/documents Carman Cave, City of Menifee w/o documents 18818TcllerAvenue.Suite100.[nine.Calilomia.92612,TEL.949.476.2700.FAX.919.416.2111 Mr. Jonathon Smith Director of Public Works & Engineering City of Menifee 29714 Haun Road Menifee, CA92586 After your review should you have any questions, please contact Pat Cowan at 6191606-1474. We appreciate your support to a successful opening of the CVS Store #5267 ,26973 Newport Road, Menifee, CA. Sincerely, I(Z DevCo, LP.b^-"- &2,. --Dona Keene Office Manager 2. J Re: CVS #5267 - Newport & Bradley, Menifee, CA Dear Mr. Smith: The following documents are being hand delivered today, August 2,2013,by Dan schultz, MileStone MLagement, on behalf of KZ DevCo, LP and CVS Realty Co. to the following CVS Realty Co. letter dated August 1, 2013 regarding the Separate Water Service/Meter Acknowledgment addressed to Jonathon Smith, Director of Public Works & Engineering; Faithful Performance Bond, City of Menifee, State of Califomia, relating to offsite landscaping in amount of$64,029.95 was delivered to David Ross, and Agreement for Landscape Improvements regarding CVS #5267 along wi-th a Performance Bond in amount of $ 157,091 '40 for onsite landscaping was delivered to Lisa Gordon. KZ DevCo, LP Via Hand Delivered August 2, 2013 Mr. Jonathon Smith Director of Public Works & Engineering City of Menifee 29714 Haun Road Menifee, CA92586 Dona Keene Office Manager /dk enclosurescc: Pat Cowan, KZ DevCo, LP Brandon Pham, CVS RealtY Co. Dan Schultz, MileStone Management Lisa Gordon, City of Menifee w/documents -David Ross' city of Menifee w/documents y' Carman Cave, City of Menifee w/o documents 1 2 3 After your review should you have any questions, please contact Pat Cowan at 6191606-1474. we appreciate your support to a successful opening ofthe cvS Store #5267, 26973 Newport Road, Menifee, CA. Sincerely, KZ DevCo, LP. &u-"- Krz,-,-.-- l88l8TelerAvenue.Suitel00.lrvine.califomia.92612'TEL'949'416'2100' FAx ' 949 ' 416 ' 2',7'71 Letter of Transmittal Date: Regarding: City Fite No.: January 27, 201 5 cv5 GP'l 1 -018 To: Pat Cowan KZ DEVCO., L.P. We are sending you: Attached I Under Separate Cover vi Prints Originats I From: Andy Powett Engineering Department City of Menifee 29714 Haun Road Menifee, CA 92586 the fottowing items: I Copies I D.qt-q 1t27115 ea. 1/27 t15 ea. 1/27 /15 DeJcriptions Of fsite Landscape (Maintenan Offsite Landscape Agreement Bond Retease Letter ce) Material Labor Bond 1 1 l L These are transmitted as checked below: fl For Reproduction E Revise and resubmit ! For review and comment [l As requested Remarks: Copy to:Signed: Andy tt nt Engi ne Ia, xtrtr Scott A, Mann Mayor John v. Denver Moyor Pro fem wallace w. Edgerton councilmember Matthew Liesemeyer councilmembet 29714 Haun Road Menifee, CA 92585 Phone 9j1.672.5777 Fax 951.679.)443 www.cityofmenifee.us RE: CVS Offsite Landscape Maintenance Bond, 100% Bond Release CVS Plot Plan No.2010-064 & Plot Plan No.2011-168 On August 21, 2013, Garfield Beach CVS, LLC, the developer of CVS entered into the following agreements to guarantee the completion of Landscape improvements as described below: The described Landscape improvements have been completed to City specifications and standards, and in accordance with approved plans. Therefore, PW requests the initiation of the release of the listed securities. lf you have any questions, please contact Andy Powell, Assistant Engineer at extension 125. Sincere ly, Jonathan c. Smith, P.E., QSP/QSD Director of Public Works/City Engineer Security Faithful Performance Labor & Materials Offsite Landscape 012021335 $64,029.95 $64,029.95 TOTAL $64,029.95 Greg August Councilmember Januaty 27 , 2075 Liberty Mutual lnsu ra nce Company State of Massachusetts lmprovement $64,029.95