Loading...
2024/03/26 Showprop Menifee, LLC Fire Expense Reimbursement Agreement975/031858-0001 20302995.2 a02/28/24 FIRE EXPENSE REIMBURSEMENT AGREEMENT THIS FIRE EXPENSE REIMBURSEMENT AGREEMENT (“Agreement”) is hereby being entered by and between Showprop Menifee, LLC (“Owner”), a corporate entity, and the City of Menifee, a public entity (“City), with reference to the following terms. R E C I T A L S WHEREAS, Showprop Menifee, LLC owns the Krikorian Entertainment Complex project in the City of Menifee (“Property”); WHEREAS, on January 6, 2024, a fire broke out on the Property; WHEREAS, the City had to incur a total of $47,661.74 to respond to the fire (“Fire Response Expenses”); WHEREAS, Owner and the City agree that Owner shall reimburse the City the Fire Response Expenses under the terms set forth in in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein, and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City hereto agree as follows: 1.Owner shall pay the Fire Response Expenses owed to the City in three equal payments of $15,887.25, by the following deadlines; (1) March 2, 2024, (2) April 2, 2024, and (3) May 2, 2024. Each payment will be deemed paid upon receipt by the City of each installment amount. 2.If Owner fails to pay the installment payments by the dates stated in Section 1 hereinabove, then Owner agrees that the City shall be due an additional Fifty Percent (50%) penalty on any overdue Fire Response Expenses. Furthermore, if Owner fails to make timely payment on the Fire Response Expenses, Owner also agrees that the City shall have the right to record a special assessment against the Property for such unpaid amount until all fines (and penalties, if applicable) are remitted. 3.In the event any action is brought between the parties hereto relating to this Agreement or the breach thereof, the prevailing party in such action shall be entitled to recover from the other party reasonable expenses, attorneys’ fees and costs in connection with such action or proceeding. 4.This Agreement cannot be modified except in a writing signed by both parties. 5.In performing its obligations and duties under this Agreement, each party shall comply with all applicable local, state and federal laws, regulations, rules and ordinances. DocuSign Envelope ID: B6B2EEB7-A5B3-483E-8687-822E66ECABF5DocuSign Envelope ID: CC00A6AA-B057-4DA1-AB03-769A81E609F6 975/031858-0001 20302995.2 a02/28/24 -2- 6.The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 7.This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be deemed to be an original with all the counterparts constituting but one and the same instrument. 8.This Agreement is the product of bargained for, arms-length negotiations between the parties hereto and their counsel in good faith and without collusion, and shall not be construed for or against any party hereto or its representatives. Both parties hereto were provided an opportunity to have this Agreement reviewed and negotiated by their respective legal counsel. 9.This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. It shall be the obligation of the Owner to notify any such person or entity of the existence and obligations herein. 10.In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction. 11.Notwithstanding any provision herein, the City does not waive its right to additional administrative citations or take any applicable legal action to address a violation of any rule, regulation, standard, condition, or law on the Property. 12.This Agreement is to be governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF MENIFEE Date: ____________________ _____________________________________ PRINT NAME:_________________________ SHOWPROP MENIFEE, LLC Date: ___________________ ______________________________________ PRINT NAME:__________________________ DocuSign Envelope ID: B6B2EEB7-A5B3-483E-8687-822E66ECABF5 George KirkorianMarch 19, 2024 DocuSign Envelope ID: CC00A6AA-B057-4DA1-AB03-769A81E609F6 3/26/2024 Armando G. Villa