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2019/04/15 Sutter Mitland 01 LLC TR 31822-F/ GP17-094R Grading, Erosion Control, NPDES and Drainage Projects_ This Agreement, made and entered into by and between the city of t\rlenifee, State ofcallfornia, herein carled city, and sutter Mi and 01 LLC, hereinafter calrei Developer. AGREEMENT TRACT 3I822-F FOR GRADING, EROSTON CONTROL, NpDES and DRATNAGE PROJECTS GP17-094R WITNESSETH al of a grading plan and the R 31822-F I 7-094Ragrees, at Developer's own cost and expense, to furnish all labor, equipment, and materialnecessary to perform and complete,and within 24 months from the date this agreement isexecuted, to perform and complete in a good and workmanlike manner, said grading in accordancewith the grading plans for the developm ent of said land division which have been approved by theCity Engineer, and are on file in the City, and do all work incidental thereto in accordance with thestandards set forth in Riverside County Ordinance No. 457, as amended, which are expressly madea part of this agreement. All of the above required work shall be done under the inspection of and tothe satisfaction of the City Engineer and shall not be deemed complete until approval of the gradinsproiect is made by the City Engineer. The estimated cost of said work is the sum FIRST: Developer, for and in consideration of the approv issuance of a grading permit on that certain land division known as { f iye Xu,nAreA eiqhtv trrough grading only, tr precise (tine) graOingr only, B both SECoND: Developer agrees to pay to the city the actuar cost of such inspections of the workas may be required by the City Engineer. Landowner funher agrees that if suit is brought upon thisagreement or any security guaranteeing the completion of the work, all costs and- reasonableexpenses and fees incurred by the City in successfully enforcing such obligatrons shall be paid byDeveloper, including reasonable attorney's fees, and that upon entry of-judgment, such costs,expenses, and fees shall be taxed as costs and included in any judgment rendered. THIRD: city shall not nor shafl any officer or employee of city, be lable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee therdof be liable forany persons or property injured by reason of the acts or omissions of Developer, his agents oremployees in the performance of the work, and all of said liabilities are assumed by De-veloper. Developer agrees to protect, defend and hold harmless City and the officers and employees thereoffrom all loss, liabihty or claim because of, or arising out of the acts or omissions of Developer, his agents andemployees, in the performance of this agreement, or arising out ofthe use of any patent or patented article in the performance of this agreement. FOURTH: The Developer hereby grants to the City, and to any agent or employee of the City,the irrevocable permission to enter, upon the lands of the above referenced land division for thepurpose of inspecting or completing the grading proiect. This permission shall terminate in theevent that Developer has completed the work within the time specified or any extenston lhereofgranted by the City Engineer. Dollars $ 584.000.00 which covers rough and precise (fine) grading FIFTH: Developer_agrees at all times, up to the completion and approval of the work by the City Engineer, to give gbod and adequate warning to the traveling public of each and every dangerous condition caused by the grading pro.iect, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Developer, or his agents and employees shallgive notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of work SEVENTH: lf the Developer, or hts 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 granted by the City Engineer, or if the Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default ofthis agreement. The City Engineer shall have the power to terminate all rights of the Developer because of such default. The determination of the City Engineer of the question as to whether any of lhe terms of this agreement or the plans and specifications have been violated or have not been performed satisfactorily shall be conclusive upon the Developer, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law. EIGHTH: The Developer agrees to flle with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the 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 of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Developer further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the Cily Engineer that the sureties or amounls are insufficient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessaryto comply with said notice, he shall be in default of this agreement unless all required works completed within 90 days of the date on which the City Engineer notifies the Developer of the insufficiency of the sureties or the amount of the bonds or both. NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credrt 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 agreement, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Developer, and such extensions shall in no way affect the validity of this 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 terms of this agreement, including any extensions of time as may be granted thereon. TENTH. Since the work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and flnal approval of said work by the City Engineer, $ 369.000.00 of the security applicable thereto shall be released or retumed by the City to the Developer within 30 days, Of the remaining $ 215.000.00 security (for Erosion Control) shall be retained. The remainder security shall be held until the California Water Quality Control Board issues a Notice of Termination. ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally. TWELFTH: lt is understood and agreed by the parties hereto that tf any part, term or provision ofthis agreement is determined by the Courts to be unlawful and void, the validity of the remainingportions shall not be affected and the rights and obiigations ofthe parties shall be conslrued andenforced as lf the agreement did not contain the particular part, term or provision held to be invalid. No waiver of any term or condition of this agreement shall be continuing waiver thereof. THIRTEENTH: -fhe grading operation will conform to the contract documents and the Department of Building and safety, county of Riverside Grading Notes (2007 cBC), attached. Any conflict ordiscrepancy between the drawings and the Grading Notes shall be brought to the attention of theCity Engineer who will issuing a ruling. FoRTEENTH: The grading operation shall obtain a General construction permit from the California Water Quality Control Board and conform to all requirements. This permit shall override any conflicting requirements in the Grading Notes (2007 CBC), attached FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation according to Sections 300 and 301 of the latest edition of the Standard Specificationi for public Works Construction. The geotechnical quality control will be under lhe supervision of a registeredgeotechnical engineer in the State of California. SIXTEENTH: The city may elect to perform geotechnrcal quality assurance of the grading operation which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant free access to the city Engineer, his staff and consultants to perform inspections and quality assurance sampling and tests. EIGHTEENTH: 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: NINETEENTH: This agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any lerm or condition of this Agreement shall be continuing waiver thereof. CITY City of Menifee 29714 Haun Road Menifee. CA 92586 Dated: Dated Developer Sutter Mitland 01, LLC 3200 Park Center Dr., Suite 1 000 Costa Mesa. CA 92626 IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL ,\l ,2019 ().tto By David E Bartlett Vice Presrdent By: Richard T. Whitnev cFo tlr"r. I o 2019 CITY OF MENIFEE By: G Smith, blic Works Director / City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE A notary public or other officcr completing this certificate vcrified only the identity of the indrvidual who sigrred the document to which this certificatc is attachcd, and not the truthfrrlness, accuracy, or validity of that documcnt. STATII ()F CALIFORNIA COI]NTY OF 0n l5 n\2019, befb_. Notary Public. pcrsonally appcared I certiS undcr PENALTY OF PERJ1JRY under thc laws ol thc State of California that thc foregorng paragraph is true and correct. WITNESS my hand and olficial seal. r-;-----------: :-l who provcd lt.t tne ott the basis,rIsatisfuctor] cvidcncc to bc thc pcrsonl3J whosc namc61 !!!re subscribed to thc within instrument and acknowlcdged to mc that@)she/rhcy.'er".,,,",, rhe sarnc in (!)hcr/thcil atrthorizcd capacitypg and that by@/hcr/tlicir signaturc(rr)-on thc instrumcnt rhc pcrs.,n6{, or thi cntily upon behall ot which the person(d) i6tcd. exccuted rhe insirumcnt. SARAH 8ut{tq coMMrSStotl ' 2re27C3 Norary Puotrc - catitomia rrr^N{iE cout{w My Coi n, ripi.r^D. 21 2O2t tX&aja P\yLkb3 v Notarv Public I ) ) A notary public or other olfioer complcting this certificate verified only thc idcntity of lhe indii,idual who signed the document to which this certificatc is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ss subscribed to thc within instrunrcnt and sl I certify undcr PENALTY OF PERJIIRY under the laws of the State of California that thc tbrcgoing paragraph is true and coffsct. WITNESS my hand and official scal. COT]NTY OFO ()n lt5 20t 2019. befo &,lazc* _, Notary Pr.rblic, personally appeated who provcd to nre on thc basis ofsatislactory cvidc ncc to bc pcrsonfl whosc nanregd or the entity upon bchallofwhich thc pcrson(g] acted, executcd r authorized capacityfd) and that ackljrwlcdgcd by(!flrer/tlrcir to nlc gnaturcfrl on thc irsrurnerrt the pcrson!f, llre rnslnlrncnl tlrat@she/thcy/executcd thc sanrc in SARAH 8I't I(A coMMrssroN r rle27t3 Nolary Publlc . Ctlilomlt ( xrAr{{,E cou w My C.r,0 L rA.otAP. 21,202t t[rn^cua QvvqaiNotary Public ) )