2018/03/21 CalCruz, LLC Landscape Improvement AgreementI,ANDSCAP[, IMPROVEMENT AGREEMENT
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and
entered into as of the 2 day of Mtquh ,201fi, by and between the CITY oF
MENIFEE. a Califomia rnunicipal corporation. ("City") and CalCruz, LLC, an Arizona Limited
Liability Conrpany ("Landowner" and "Developer").
WITNESSETH
1- Landowner and Developer, for and in consideration ofthe approval ofa minor plot
plan for landscape approval and installation on that certain development plan known as "Tommy's
f'ar \\'ash" (Plot Plan No. 201 7-200[PP2017 -1681 and Conditional Use Permit No. 2015-157
[CUP20l5-157j) located at the southwest comer of Newport Road and Winter Hawk Road within
the City of Menifee, County of Riverside, California (APNs 360-050-030) (the "Property"), agree'
at Landowner and Developer's own cost and expense, to fumish all labor, equipment, and material
necessar) to perform, complete. and maintain onsite landscaping for a period of tu'elve(12)
nronths afier Building Permit final 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 ofsaid entitlement which
have been approved by City's Communiry Development Director, and are on file in the Office of
the City ol'Menifee Community Development Department. and to do all work incidental thereto
in accordance with the standards set forth in Menifee Municipal Code Chapter 9.86 and Menif'ee
Municipal Code Chapter 15.04, which are expressly made a pan of this Agreement (the "Work").
All of the Work shall be done under the inspection of and to the satisfaction of City's Communitv
Development Director and shall not be deemed complete until approval of the final planting
inspection is made by City's Community Development Director. Approval of City's Community
[)cvelopment Director of the Work and of the flnal planting shall be in writing. The estimated
cost of the Work is THIRTY TWO THOUSAND,FIVE HUNDRED AND TWO ANT)
SEVENTY C ENTS (S]2IO2Jqtr
L Landowner and Developer agree to pay to City the actual cost ofsuch inspections
of the Work as may be required by City's Community Development Director. Landowner and/or
Developer and City further agree that if suit is brought upon this Agreement or any security
guaranteeing the completion ofthe Work, all reasonable costs, expenses, and fees incurred by City
in successfully enforcing such obligations shall be paid by Landowner and/or Developer including
lcasonable attorneys' fees, and that upon entry ofjudgment, such costs, expenses, and fees shall
be taxed as costs and included in anyjudgment rendered. Landowner's and Developer rights and
obligations under this provision are separate, and can be enforced by the City against either party.
]= To the fullest extent permitted by law (including, without limitation, Califomia
Civil Code Sections 2782 and2782.6), Landowner and Developer shall defend (with legal counsel
reasonably acceptable to City), indemnify, and hold free and harmless City and City's agents.
olJlcers. and enrployees. (each, an "lndemnitee") from and against any and all claims. loss. cosl.
damage. injury (including, without limitation, injury to or death of Landowner or Developer or
irny officers, agents. employees, representatives, or subcontractors of Landowner or Developer
[collectively. the "Landowner and Developer Entities"]), expense. and liability of every kind.
nature. and description (including, without limitation, incidental and consequential damages, court
costs. attorneys' 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 willf'ul misconduct ol
[.andowner or Developer, any of the Landowner and Developer Entities, anyone directly or
indirectly employed by any of them, or anyone that they conrol (collectively, the "Liabilities").
u,ith regatd to the Work described in this Agreement. Such obligation to defend, hold harmless.
and indemnify any lndemnitee shall not apply to the extent that such Liabilities are caused in part
b1 the sole negligence or willful misconduct of such Indemnitee.
4- Landowner and Developer hereby grant to City, and to any agent or employee of
City. the irrevocable permission to enter upon the Property for the purpose ofinspecting the Work
or determining compliance with this Agreement. This permission shallterminate in the event that
l-andowner and Developer have completed the Work within the time specified or any extension
thereol'granted by City's Community Development Director.
5= Landowner and Developer agree at all times, up to the completion and written
approval of the Work by City's Community Development Director, to give good and adequate
uarning to the traveling public ofeach and every dangerous condition caused by the Work, and to
protect the traveling public from such defective or dangerous conditions.
6. Landowner and Developer, or their agents and employees, shall give notice to
Citv's Comnrunity Development Director at least forty-eight (48) hours before beginning the Work
and shall furnish City's Community Development Director all reasonable facilities for obtaining
lirll information respecting the progress and manner of the Work.
L [,andowner and Developer shall comply with all applicable local. state, and federal
laus and regulations applicable to the performance ofthe Work. Landowner and Developer shall
no1 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,
ls determined by the Director of lndustrial Relations of the State of California, will be the
minimum paid to all laborers, including Landowner and Developer employees. contractors. and
subcontraclors. It is understood that it is the responsibility of Landowner and Developer to
dctermine the correct scale. The State Prevailing Wage Rates may be obtained from the Califomia
Depanment of Industrial Relations (''DIR") pursuant to Califomia Public Utilities Code, Sections
-165. 466. and 467 by calling 4l 5-703-4774. Appropriate records demonstrating compliance u,ith
such requirement shall be maintained in a safe and secure Iocation at all times, and readily available
at City's request. Landowner and Developershall obtain and maintain aCityof Menifee business
license. Landowner and Developer shall require the same ofall contractors and subcontractors.
& If Landowner or Developer, or their 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 City's Community Development Director.
or if Landowner or Developer violates, neglects, refuses, or fails to perform satisfactorily any ol
the provisions ofthe plans and specifications, Landowner and Developer shall be in default of this
Agreement and notice in writing of such default may be served upon Landowner and Developer.
City's Community Development Director shall have the power to terminate all rights (granted by
l)lot Plan No. 2017-200 and Conditional Use Permit No. 2015-157) ofLandowner and Developer
due to such del'ault. 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
l)cveloper, 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 u,aiver. City's consent or waiver ofone act or omission by
Landorvner or Developer shall not be deemed to constitute a consent or waiver of City's rights
uith respect to any subsequent act or omission by Landowner or Developer. Any waiver ofany
delault shall be in writing. The foregoing provisions ofthis Section shall be in addition to all rights
and rernedies available to City under law.
9. Prior to the date this Agreement is executed, Landowner and Developer agree to
li le with C ity good and sufficient security as provided in subsections ( I ), (2), and (3) of subdiv ision
(a) of Section 66499 of the Govemment Code in any amount not less than the estimated cost of
the Work for the faithful performance ofthe terms and conditions of this Agreement, except that
u'hen the estimated cost ofsaid work is $2,500 or less, the security shall be a deposit ofcash or its
cquivalent as determined acceptable by City's Building Director. Landowner and Developer
lirrther agree that if the security is a bond and if the sureties on the faithful performance bond or
the anrount of said bonds in the opinion of City's Community Development Director becomes
insufflcient. Landowner and Developer agree to renew each and every bond or bonds with good
and sut.ficient sureties or increase the amount of said bonds. or both, within ten (10) days after
bcing notified by City's Community Development Director that the sureties or amounts are
insufficient. Notwithstanding any other provision herein, if Landowner and Developer fail to take
such action as is necessary to comply with said notice. Landowner and Developer shall be in
de1'ault of this Agreement unless all required work is completed within ninety (90) days of the date
on u hich City's Community Development Director notifies Landowner and Developer of the
insufliciency ofthe sureties or the amount ofthe bonds or both.
lU lt is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers ofany instruments or leners ofcredit securing this Agreement,
that. in the event it is deemed necessary to extend the Iime of completion of the Work contemplated
to be done under this Agreement, extensions of time may be granted in writing from time to time
by City's Community Development Director either at his/her option or upon request of Landowner
or Devcloper. and such extensions shall in no way affect the validity of this Agreement or release
the surety or sureties on said bonds. Landowner and Developer further agree to maintain the
afbresaid bond or bonds or the issuance of any instruments or letters of credit in full force and
cltect during the term of this Agreement, including any extensions of time as may be granted
thereon.
Ll- 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 or Developer.
12. This Agreement shall be binding upon Landowner and Developer and their heirs,
executors. administrators, successors, or assigns, all and each both jointly and severally.
-ll- With the exception of the 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.
11, It is understood and agreed by the panies hereto that ifany part, term, or provision
ot'this Agreement is held to be unlawful and void, the validity ofthe remaining portions shall not
be al-fected and the rights and obligations ofthe panies 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
an) term or condition of this Agreement shall be a continuing waiver thereof.
I.5- This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
-!6, Landowner and Developer 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 of this
Agreement.
lL The laws of the State of California 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. California. In the event oflitigation in a U.S. District Coun, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
1& 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
lbnnally bound to the provisions of this Agreement.
1q 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
29714 Haun Road
Menifee. CA 92584
CalCruz LLC
34 193 Camelina Street
Lake Elsinore, C A, 92532
Isignatures on following page]
IN WITNESS WHEREOF, Landowner, Developer, and City have executed this Agreement as of
thc'date and year first above wriflen.
To Landowner/
Developer:
CalCruz LLC
("Landowner/Developer")
Dated: 3-'7 -Zl'}|e B1'
Dated:By
CII'Y OF MENIFEE
("City")
Dated: 3 )\By
Approved as to Form:
T. Mel
(Signature for of the board, president.
or any vice president)
Mail;/l-/e-s
(Print Name)
UZ LLC rtA
(Title)
(Signature for any secretary, any assistant secretary.
chief financial officer or any assistant treasurer)
(Print Name)
(Title)
Cheryl Ki
Community Director
City Attorney
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 nol the
truthfulness. accuracy, or validity ofthat document.
STATE OF CALIFORNIA
COT]NTY OF RuM,r,ildt
on 1ih ,f glnfdt lQlL, berore me,
here insen name and tit ofthe ollicer)
personally appeared
who proved to me on the basis of satisfactorv evide
)
) ss.
)
L . Nolary I'ublic.
ose name are
subscribed to the within instrument, and acknowled ecuted the same in
er/their authorized capacity(ies), and that by the instrument the
TSOII(s). or the entity upon behalf of which the person (s) acted. executed the instrument
I certify under PENALTY OF PERIURY underthe laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ISEA
ACKNOWLEDGMENT
to me