2016/04/12 Sutter Mitland 01 LLC GP14-070 Grading, Erosion Control, NPDES and Drainage ProjectsAGREEMENT
FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS
GP'14-070
This Agreement, made and entered into by and between the City of Menifee, State of
California, herein called City, and Sutter Mitland 01 LLC, a Delaware Limited Liability Company,
hereinafter called Developer.
WITNESSETH
SECOND: Developer agrees to pay to the City the actual cost of such inspections of the work
as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this
agreement or any security guaranteeing the completion of the work, all costs and reasonable
expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by
Developer, 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 shall any officer or employee of City, be liable 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 thereof be liable for
any persons or property injured by reason of the acts or omissions of Developer, his agents or
employees in the performance of the work, and all of said liabilities are assumed by Developer.
Developer agrees to protect, defend and hold harmless City and the officers and employees thereof
from all loss, liability or claim because of, or arising out of the acts or omissions of Developer, his
agents and employees, in the performance of this agreement, orarisingoutof theuseof 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 the
purpose of inspecting or completing the grading project. This permission shall terminate in the
event that Developer has completed the work within the time specified or any extension thereof
granted by the City Engineer.
FIFTH: Developer agrees at all times, up to the completion and approval of the work by the
City Engineer, to give good and adequate warning to the traveling public of each and every
dangerous condition caused by the grading project, and to protect the traveling public from such
defective or dangerous conditions.
FIRST: Developer, for and in consideration of the approval of a grading plan and the
issuance of a grading permit on that certain land division known as PM 32269 , agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within Zl months from the date this agreement is executed, to perform
and complete in a good and workmanlike manner, said grading in accordance with the grading
plans for the development of said land division which have been approved by the, City Engineer,
and are on file in the City, and do all work incidental thereto in accordance with the
standards set forth in Riverside County Ordinance No. 457, as amended, which are expressly made
a part of this agreement. All of 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 approval of the grading
project is made by the City Engineer. The estimated cost of said work is the sum
of Six Million Eioht H , Dollars $ 6,842.000.00 which
covers Erough grading only, tr precise (fine) grading only, tr both rough and precise (fine) grading.
SIXTH: The Developer, or his agents and employees shall give notice to the City Engineer at
least 48 hours before beginning any work and shall furnish said City Engineer all reasonable
facilitres for obtaining full information respecting the progress and manner of work.
SEVENTH: lf the Developer, or his 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 satrsfactorily any of the provisions of the plans and
specifications, he shall be in default of this 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 the terms of this agreement or the plans and
speciiications 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 file 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 City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to
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 credit 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 ofthe 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 final approval of said work by the
City Engineer, $ 5.405,500.00 of the security applicable thereto shall be released or returned by
the City to the Developer within 30 days. Of the remaining $ 1.436.500.00 security (for Erosion
Control and WOMP) shall be retained. The remainder security shall be held until the California
Water Quality Control Board issues a Notice of Terminatron.
ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors,
adminrstrators, successors or assigns, all and each both jointly and severally.
THIRTEENTH: The 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 or
discrepancy between the drawings and the Grading Notes shall be brought to the attention of the
City 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 Specifications for Public
Works Construction. The geotechnical quality control will be under the supervision of a registered
geotechnical engineer in the State of California.
SIXTEENTH: The City may elect to perform geotechnical 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 term or condition of this Agreement shall be continuing waiver
thereof.
TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of
this agreement is determined by the Courts to be unlav'rful and void, the validity of the remaining
portions shall not be affected and the rights and obligations of the parties shall be construed and
enforced as if 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.
CITY
City of Menifee
29714 Haun Road
Menifee, CA 92586
{*tz tG,
Developer
Sutter Mitland 01 , LLC
3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
IN WITNESS WHEREOF,LANDOWNER HAS AFFIXED NAIVE, ADDRESS AND SEAL
Dated.,2016 W\,
By:
By.
ave Bartlett
Vice President
Richard Whitney
cFo
Dated ,2016 CITY OF MENIFEE
B
City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
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G,ith,
CALIFORNIA ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifles only the identity
of the individual who signed the document to which this certiflcate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California )
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personally appeared \/0,vL Y \',/t \c-\ \ onc{ ? icLrauo\ T. L^rh ,tn cr-\
who proved to me on the basrs of satisfactory evidence to be the person(s) whose
name(s) isla re' subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
hislher/theii signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
$n{E M nrE ASCHTERTS
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Nolary Public Signature (Notary Public Seal)
DESCRIPTION OF THE ATTACHED DOCUI\,4ENT
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(Iitle 0r descriplion of attached document contnued)
Number of Pages _ Document Date_
INSTRUCTIONS FOR COMPLETING THIS FORM
This lord .onplies y,tth curcn Colfomio staht es regarding nota\' \odhg and,
{ needed, should be conpleted and attac hed to the docuned. Acknowledgt ehts
lroth othet sbtes hay be completedJor doc nehts beng sent to thrl state so long
as the i oding does not requrc the Caltlb ia koraO' to yiolate Cavomia notary
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Dale of notanzation musl be the date that the signer(s) personally appeared which
must also be the samedate the acknowledgment is completed
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commlssion followed by a comma and then your tttle (notary public).
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lmpression must .ot cover text or lines. If seal impresston smudges, re-seal if a
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Trustee(s)
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I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
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ADDITIONAL OPTIONAL INFORMATION
\
Brookfield
Residential
MEMO
To:
From:
CC:
Date:
Re:
Comments: Hi Andy,
Please find attached
Andy Powell
Shaun Bowen
6t812016
Audie Murphy Ranch - PM 32269 Mass Grading
City of Menifee
JUN l3 2016
Received
Executed bond and agreements for PM 32269 Mass Grading
Please feel free to contact me with any questions.
Regards,
Shaun Bowen
Assistant Project lVlanager
714-200-1609
shaun,bowen@brookfleldrp.com
3200 Park Center Drive, Suite 1000 Costa Mesa, CA 92626 - Tel: 774-427-6868
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