Image_546AGREEMENT
FOR RECREATIONAL CENTER AND LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR RECREATIONAL CENTER AND LANDSCAPE
IMPROVEMENTS ("Agreement") is made and entered into as of the-Lf day of January, 2016,
by and between the CITY OF MENIFEE, a Califomia municipal corporation, ("City") and
RIVERSIDE MITLAND INVESTOR 03 LLC, a California Corporation ("Landowner").
WITNESSE,'T'H
l. Landowner, for and in consideration of the approval of a minor plot plan for a
homeowner's association recreational center including pool, restrooms, outdoor furniture, parking
and landscaping approval and installation ("Recreational Center Work") on that certain
development plan known as "Canyon Cove (TR32025) HOA-Maintained Recreation Center
Plans" (Plot Plan No. 2015-138) located within Open Space Lots 205 and 206 (per the tentative
map) on Falcon Nest Drive in the westem portion of the tract, (the "Property"), agrees, at
Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete the Recreational Center Work and, as it relates to the landscape and
irrigation improvements, Landowner also agrees that it shall maintain lor a period of twelve (12)
months after Building Permit final or as otherwise required by Cily's Community Development
Director in a good and workmanlike manner, all those landscape and irrigation improvemenls in
accordance with those landscape and irrigation plans for the development ofsaid entitlement which
have been approved by City's Comrnunity Development Director, and are on file 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 Chapter 15.04, which are expressly made a part of this Agreement. All of the
Recreational Center Work shall be done under the inspection ofand to the satisfaction of City's
Community Development Director and shall not be deemed complete until approval of the final
inspectiorr is made by City's Community Development Director. Approval of City's Community
Development Director ofthe Recreational Center Work and ofthe final planting shall be in writing.
The estimated cost of the Recreational Center Work is TWO HTINDRED THOUSAND AND
THREE HUNDRED AND 00/100 DOLLARS ($200,300.00).
L Landowner agrees to pay to City the actual cost of such inspections of the
Recreational Center Work as may be required by City's Community Development Director.
Landowner and City further agree that if suit is brought upon this Agreement or any security
guaranteeing the completion ofthe Recreational Center Work, all reasonable costs, expenses, and
fees incurred by City in successfully enforcing such obligations shall be paid by Landowner
including reasonable attorneys' fees, and that upon entry ofjudgment. such costs, expenses, and
fees shall be taxed as costs and included in any judgment rendered.
t To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnifo, and hold free and harmless City and City's agents, officers, and
employees, (each, an "lndemnitee") from and against any and alI claims, Ioss. cost, damage. injury
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(including, without limitation, injury to or death ofLandowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attomeys' 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 par1, the negligence,
recklessness, or willful misconduct ofLandowner, any ofthe Landowner Entities, anyone directly
or indirectly employed by any ofthem, or anyone that they control (collectively, the "Liabilities"),
with regard to the Recreational Center Work described in this Agreement. Such obligation to
defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such
Liabilities are caused in part by the sole negligence or willfu[ misconduct ofsuch Indemnitee.
4.. Landowner hereby grants to City, and to any agent or employee of City. the
irrevocable permission to enter upon the Propefiy for the purpose of inspecting the Recreational
Center Work or determining compliance with this Agreement. This permission shall terminate in
the event that Landowner has completed the Recreational Center Work within the time specified
or any extension thereof granted by City's Community Development Director.
5= Landowner agrees at all times, up to the completion and written approval of the
Recreational Center Work by City's Community Development Director, to give good and adequate
warning to the traveling public of each and every dangerous condition caused by the Recreational
Center Work, and to protect the traveling public from such defective or dangerous conditions.
6- Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Recreational Center
Work and shall furnish City's Community Development Director all reasonable facilities for
obtaining full information respecting the progress and manner ofthe Recreational Center Work.
L Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance ofthe Recreational Center Work. Landowner shall not
hire or employ any person to perform work within City or allow any person to perform the
Recreational Center 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 determined by the Director oflndustrial Relations ofthe State of Califomia,
will be the minimum paid to all laborers, including Landowner employees, contractors, and
subcontractors. It is understood that it is the responsibility ofLandowner to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DlR") pursuant to Califomia Public Utilities Code, Sections 465,466, and
467 by calling 415-703-4774. Appropriate records demonstrating cornpliance with such
requirement shall be maintained 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 ofall contractors and subcontractors.
& IfLandowner, or its agents or employees, neglects, refuses, or fails to prosecute the
Recreational Center 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 violates, neglects, refuses, or fails to perform satisfactorily any of the
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provisions ofthe plans and specifications, Landowner shall be in default of this Agreement and
notice in writing of such default may be served upon Landowner. City's Community Development
Director shall have the power to terminate all rights (granted by TR32025 or Plot Plan No. 2015-
138) of Landowner due to such default. The determination of City's Cotnmunity 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 any and all parties who may have any interest in this Agreement or any
portion thereof. No delay or omission in the exercise ofany right or remedy by City shall impair
such right or remedy or be construed as a waiver. City's consent or waiver ofone act or omission
by Landowner shall not be deemed to constitute a consent or waiver of City's rights with respect
to any subsequent act or omission by Landowner. Any waiver ofany default shall be in writing.
The foregoing provisions ofthis 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 of the Government Code in any amount not less than the estimated cost of the
Recreational Center 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 detennined acceptable by City's Building Director.
Landowner further agrees that if the security is a bond and if the sureties on the faithful
performance bond or the amount 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 increase the amount of said bonds, or both, within ten ( l0) days
after being notified by City's Community Development Director that the sureties or amounts are
insufficient. Notwithstanding any other provision herein, if Landowner fails to take such action
as is necessary to comply with said notice, Landowner shall be in default ofthis Agreement unless
all required work is completed within ninety (90) days of the date on which City's Community
Development Director notifies Landowner ofthe insufficiency ofthe sureties or the amount ofthe
bonds or both.
1U 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 ofthe Recreational Center
Work contemplated to be done under this Agreement, extensions of time may be granted from
lime 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 ofthis Agreement or release
the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or
bonds or the issuance ofany instruments or letters ofcredit in fu force and effect during the terrn
of this Agreement, including any extensions of time as may be granted thereon.
lL Upon the satisfactory completion and written approval ofthe Recreational Center
Work by City's Community Development Director, the entire amount of the security shall be
released or returned by City to Landowner.
)L This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
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IL With the exception ofthe specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this A$eement and no such other third pa(ies shall
have any rights or obligations hereunder.
)!, It is understood and agreed by the parties hereto that ifany part, term, or provision
of this Agreement is held to be unlawful 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 this
Agreement did not contain the particular part, tenn, or provision held to be invalid. Nowaiverof
any term or condition of this Agreement shall be a continuing waiver thereof.
11, This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
-l-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 marital status in connection with or related to the performance ofthis Agreement.
I7- The laws of the State of California shall govern this agreement. [n the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, Califomia. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District ofCalifornia, in Los Angeles.
_l& 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 olthis Agreement.
]9 Any notice or notices required or permitted to be given pursuant to this Agreement
shall be served on the other parry by mail, postage prepaid, at the following addresses:
To City:City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
To l,andowner:Riverside Mitland Investor 03 LLC
3200 Park Center Drive, Suite 1000
Costa Mesa. CA 92626
Isignatures on following page]
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8621088 2 r0 Y22l16 -4-
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year firsl above written.
Riverside Mitland Investor 03 LLC
("Landowner")
Dated: 2 Bv
(si ture for President or other Category I Officer)
Da*c.6.^"UelL
(Print Narne)
U i, z- Pcacid€",1
Dated By
(Signature for Secretary or other Category 2 Officer)
Lt,9 i\
(Print Name)
b
eecra)*1Gttrt J
CITY OF MENIFEE
("city")
l)atcd
Approved as to Form:
.)/,d7/s///,d%1sr..,"".-...--By@-
Interim Community Development Director
ATTEST:
J T. Melchi
iy Attomey
ah A. Ma
y clerk
\:.
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(Title)
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certiflcate verifies 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.
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Ann.- Flavre SCV\ \ (,/,\S
County of O(ovr
On b r.^C(V La w before me,
Notar'jP"dfl*i
lv,t\c\\personally appeared I
who proved to me on the basis of satisfactory evidence to be the person whose
e that
d that by
ent and acknowledged to m
authorized capacity(lgs), an
(s) on the instrument the person(s), or the entity upon behalf of
I certify under PENALry OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
ATINE iIARIE ASCHIERIS
WITNESS my hand and offlcial seal co,il. #212 3484
taoLfy Aa&.Cdro.n8
oR ltcc co(,aTY
lt, Cotrl!. Elp. ArG. . Al9
Notary Public Signature (Nolary Public Seal)
ibed to the within instrum
the same in rh is/herAhei{
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ADDITIONAL OPTIONAL INFORMATION,,,,INSTRUCTIONS FOR COMPLETING THIS FORM
Iot conpliesvith current Cal{ornia stal lzs reea tng notaty v'o/ding and.
DESCRIPTION OF THE ATTACHED DOCUI\4ENT
(Title or descriplion of attached document)
(Title or d€scription of attached doc! ment contjnued)
Number of Pages _ Document Date
f needed, should be conpleted an l attached to the docunetu. ,4cknovledgnents
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corporate officer, jndicate tie ritle (ie CEO, CFO. Secretary)
Securely attach this document to the signed documentwlih a staple.2015 Version www NolaryClasses.com 800-873-9865
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tr lndividual (s)tr Corporate Officer
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the person(y) acted, executed the instrument.
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 ofthat document.
STATE OF CALIFORNIA
couNTY oF r)i t,.l i'!
)
U (On before me.Notary Public,
personally appeared l,r..ti//,/),.,t R.name ard title ofthe officer)
who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(*) is/a*e
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in
his/hery'their authorized capacityQes), and that by his/her/their signature{e} on the instrument the
person{e), or the entity upon behalf of which the person{a) acted, executed the instrument.
I certif under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ISEAL]
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a62toaa.2 frtnut6 -6-
ACKNOWLEDGMENT
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Conrntrdm , 2095421