Image_543AGREEMENT
FOR LANDSCAPE IMPROVEME,NTS
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and
entered into as of the Jo h day of
MENIFEE, a California municipal corpo
City LLC ("Landowner").
y'ftu , 2019, by and between the CITY OF
rufion, ("City'') and Rancho Investment Partners - Sun
WITNI]SSETH
1, Landowner lbr and in considcration of the approval of a minor plot plan for
landscape approval and installation on that ccrtain development plan known as "Rancho Family
Medical Group Landscape and trrigation Plan " (Plot Plan No.20l9-046) located at 27190 Sun
City Blvd, APN: 337-310-035 (the "Property"'). agree. at Landowner's own cost and expense. to
furnish all labor, equipment. and material necessary to perlorm. complete, and maintain onsite
landscaping for a period of twelve ( I 2) months after Building Perm it final or as otherwise requ ired
by City^s Community Dcvelopment Director in a good and workmanlike manncr. all those
landscape and irrigation improvements in accordance with those landscape and irrigation plans for
the development of said enlitlement which have been approved by City's Community
Development Director, and are on flle in the Office of the City of 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 Menifee Municipal Code Chapler 15.04,
which are expressly rnade a pafi of this Agreenrent (the "Work"). All of the Work shall be done
under the inspection of and to the satisfaction of City's Comnrunity Development Director and
shall not be deemed complete until approval ofthe final planting inspection is made by City's
Community Development Director. Approval of City's Community Deve Iopment Director of the
Work and of the final planting shall be in writing. The estimated cost of the Work is
SEVENTEEN THOUSAND FOUR HUNDRED FORTY ONE DOLLARS AND 73 CENTS
L Landowner agrees to pay to City the actual cost ofsuch inspections ofthe Work as
may be required by City's Community Development Director. Landowner and City further agree
that iisuit is brought upon this Agreement or any security guaranteeing the completion of the
Work. all reasonable costs, expenses, and fees incuned by City in successfully enforcing such
obligations shall be paid by Landowner including reasonable altorneys' fees, and thal upon entry
of.iudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
3. To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 27 82.6). Landowner shall defend (with legal counsel reasonably
acceptable to Chy). indemnify. and hold frec and harmless City and City's agents, officers, and
employees. (each, an "lndernnitee") fi'om and against any and all claims, loss, cost, darnage, injury
( includ ing. without lim itation, injury to or death of Landowner or any officers, agenls, employees,
representatives, or subconlractors of Landowner [the "l-andowner Entities"]). expense, and
liability of every kind, nature, and description (including. without lirnitation, incidental and
(s 17,.141 .73).
consequential darlages, courl costs, attorneys' fees, litigation expenses, and iees oi expert
consultants or expe( witnesses incurred in connection therewith and costs of investigation) that
arise out ol, pcrtain to, or relate to, dircctly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct ofLandowner. any ofthe Landowner Entities. anyone directly
or indirecrly employed by any of them. or anyone that they control (collectively, the "Liabilities").
with regard to the Work described in this Agreement. Such obligation to defend, hold hannless,
and indemnify any Indemnitee shall not apply to the exlent that such Liabilities are caused in part
by the sole negligence or willlul misconduct ofsuch Indemnitee.
4' Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner and Developer have completed the Work within the time specified or any extension
thereof granted by City's Community Dcvelopment Director.
t Landowner agree at all times, up to the completion and written approval of the
Work by Ciry's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
6. Landowner, or lheir agents and employees, shall give notice to City's Community
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 full information
respecting the progress and manner ofthe Work.
1- Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance ofthe Work. Landowner shall not 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, as detennined by the Director of
Industrial Relations of the State of Calitbrnia, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to delermine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to Calilbmia Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintaincd in a safe and secure location
at all times. and readily available at City's request. Landowner shall obtain and maintain a City
of Menifee business license. Landowner shall require the same of all contractors and
subcontractors.
& lf Landowner. 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 Developnlent Director, or if
Landowner violates. neglects. refuses. or fails to perform satisfactorily any ofthe provisions ofthe
plans and specifications, Landowner shall be in defaLrlt ofthis Agreement and notice in writing of
such dcfault may be served upon Landowner. City's Commun ity Development Director shall have
the power Io terminate all rights of Landowner due to such default. The determination of City's
Communily Devclopment 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 any and all parties who may have any
interest in this Agreement or any portion thercof. No delay or om ission in the exercise of any right
or rernedy by City shall impair such right or remedy or be construed as a waiver. City's consenl
or waiver of one acl or omission by Landowner shall not be deenred to constitute a consent or
waiver ofCity's rights with respect to any subsequent act or omission by Landowner. Anywaiver
ofany default shall be in writing. The foregoing provisions of this Section shall be in addition to
all rights and remedies available to City under law.
9. Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufficient security as provided in subsections (l), (2). and (3) of subdivision (a) of
Section 66499 oflhe Governrnent Code in any amount not less than the estimated cost ofthe Work
fbr the faithful performance ofthe 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 ofcash or its equivalent
as delennined acceptable by City's Building Director. Landowner further agree that if the security
is a bond and if the sureties on the faithful performance bond or the amounl of said bonds in the
opinion of City's Community Development Director becomes insufficient, Landowner agrees to
renew each and every bond or bonds with good and sufficient sureties or irrcrease the amount of
said bonds, or both, within ten (10) days after being notified by City's Community Development
Director Ihat the sureties or amounts are insufficient. Notwithstanding any olher provision herein,
if Landowner fails to take such action as is necessary to comply with said notice, Landowner shall
be in default of this Agreement unless all required work is completed within ninety (90) days of
the date on which City's Community Developmenl Director notifies Landowner of the
insufficiency ofthe sureties or the amount ofthe bonds or both.
-10. It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers ofany instruments or letters ofcredit securing this Agreement.
that, in the event it is deemed necessary to extend the time ofcompletion of the Work contemplated
to be done under this Agreement, extensions of time may be granted from time to time by City's
Community Development Director either at his/her option or upon request ofLandowner, 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 term of this Agreement,
including any extensions of time as may be granted thereon.
Ll- Upon the satisfactory conrplelion and wriften approval of the work by City's
Community Development Director, the entire amount ofthe security shall be released or r€Iurned
by City to Landowner.
)2- This Agreement shall be binding upon Landowner and Developer and their heirs,
executors, administrators, successors! or assigns, all and each both jointly and severally.
]L 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.
14 I1 is understood and agreed by the parties hercto that ifany part, tenn, or provision
ofthis Agreement is held to be unlawful and void. the validity ofthe remaining portions shall not
be alfected and the rights and obligations of the parties shall bc construed and enforced as if th is
Agreement did not contain the panicular part, term, or provision held to be invalid. No waiver of
any tenn or condition of this Agreement shall be a continuing waiver thereof.
It This Agreemcnt may be executed in multiple counterparts. each of which shall be
an original and all of which together shall constitute one agreement.
-1-6. Landowner 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 nrarital status in conneclion with or related to the perlbrmance ofthis Agrecment.
11- The laws of th€ State of Calilornia shall govern this agreement. In the event of
litigation between the parties, venue in state trial courls shall lie exclusively in the County of
Riverside, Califomia. ln the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califbrnia, 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
formally bound to the provisions of this Agreement.
l9. 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 Depadment
29844 Haun Road
Menifee. CA 92584
To Landowner:Rancho Investment Partners - Sun City LLC
28780 Single Oak Drive
Temecula. CA 92590
[signatures on following page]
lN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date
and year first above written.
Rancho Investment Partners - Sun City LLC.
/)s,( C2,,.
("Landowner")
Dated: f lS' //,,By
(Signat sident or other Category I Oflficer)
)rt / S.z
(Print Name)
Dated:
CITY OF MENIFEE
("City")
Dated:t0
Approved as to Form:
v T. Melchi
(Title)
(Signature for President or other Category I Officer)
(Print Name)
8*; L^f
Cheryl Ki
Conrmunity Devel opment Director
By
Attorney
By
(Title)