Image_545AGREEMENT
This Agreement, made and entered into by and between the City of Menifee, State of
Californra, herein called City, and Ridgemore lnvestments, LLC, a California Limited Liability
Company, hereinafter called Developer.
WITNESSETH
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 TR 28859-2, agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within 24 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 ofthe above required work shall be done underthe inspection ofand to
the satisfactron 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 Twelve Thousand and no/100 Dollars $ 12,000.00 which covers Erough grading only, !
precise (fine) grading only, E both rough and precise (fine) grading.
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, or arising out of the 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 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, upto the completion and approval of theworkbythe
City Engineer, to give good and adequate warning to the traveling public of each and every
FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS
GPlS-034P
dangerous condition caused by the grading project, and to protect the traveling public from such
defective or dangerous conditions.
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
facilities for obtaining full information respecting the progress and manner of work.
SEVENTH. lf the Developer, or his agents or employees, neglects, refuses, orfails 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 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
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 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 tnsufficient.
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 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 fullforce 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, $ 12.000.00 ofthe security applicable thereto shall be released or returned bythe
City to the Developer within 30 days. Of the remaining $ 1 2.000.00 security (for Erosion Control
and WQMP) shall be retained. The remainder security shall be held until the California Water
Quality Control Board issues a Notice of Termination.
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.
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 ofthe
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 supervtsion of a registered
geotechnical engineer in the State of Caltfornia.
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.
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 if any part, term or provision of
this agreement is determined by the Courts to be unlavyful 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.
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.
IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AN
CITY
City of Menifee
29714 Haun Road
Menifee, CA 92586
Dated.
Dated
ll- (1 .2015
Developer
Ridgemore lnvestment, LLC
26040 Acero
Mission Viejo, CA 92691
Ridgemore ln nts, LL
By
By
By
l.lDUEN\f@- (8.2015
/4)"L
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Soiatnan C. Smiti,v Public Works Director / City Engineer
Sc< U{ur'.c(
CITY OF MENIFEE
CALIFORNIA ALL. PURPOSE
GERTI FICATE OF ACKNOWLEDGM ENT
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 not the truthfulness, accuracy, or validity of that document
State of California
county ot Rr \ Cr3t d e )
u'i-'l'- " -'
personatty appeared lt'l0 ntipl t'zlLql KtiSltil-lt i
who proved to me on the basis of satisfactory evidence to be the person{afwhose
name(gfrslde subscribed to the within inslrument and acknowledged to me that
helst{eltfrey executed the same in his/hCrlthp'lr authorized capacity(je6), and that by
histErtlt'et signature(sJ on the instrument the persoryFf or the entity upon behalf of
which the personJg) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KII'BERLY MARTINEZ
colil.tam@o
x)T Rll P(3.IC - CA.foitali
nnERmc cot lw
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T tI
Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Aqre+wat^f
ltitle or aesclpiion of attaltred documentl
(Tille or description of altached document contnued)
Number of Pages _ Document Date_
201 5 Version www.NotaryClasses.com 800-873-9865
tlt Cm'n. E4ltt,t t 2l,20,17
Notary Public Seal)
INSIRUCTIONS FOR COMPLETING THIS FORM
Thislom complies vith atrenl California slalutes regarding nolary vording and,
if needed, should be cotnpleled and atlached lo lhe doc'ument. Ackttotttledgmenu
lrom other states rnay be conpleted lor docwnenlt being sehl lo lhdl state so lont
as the wotding does not require lhe Calilomia nolary to violale Calilornia noldry
. State and County information must be the State and County where the document
siSne(s) personally appeared before the notary public for acknowledgment.. Date of notarization must be the date that the signer(s) personally appeared which
mustslso be the same date the acloowledgm€nt is compl€t€d.. The notary public must print his or her oame as it appears within his or her
commission followed by a comma and then your title (notarypublic).. Print the name(s) of document signer(s) *tro personally app.ar at the time of
notariz tion.. Indicatc the coraect singular or plural forms by crossing oII inconect forms (i.e.
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CAPACITY CLAIMED BY THE SIGNER
tr lndividual (s)n Corporate Officer
(Title)
Partner(s)
Attorney-in-Fact
Truslee(s)
Other
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