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13640-3 Laguna de la Paz 83AGREEMENT or FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS This agreement made and entered into by and between the County of Riverside, State of California, hereinafter called County, and Laguna be La Paz, Ltd. , hereinafter called Contractor. WITNESSETH FIRST: Contractor, for and in consideration of the approval by the Board of Supervisors of the final map of that certain land division known as Tract 1360-3 * agrees, at Contractor's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, and within18 months from the date this agreement is executed, to perform and complete in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the County Road Commissioner, and are on file in the office of the Riverside County Road Department and to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 461, as amended, which are hereby expressly made a part of this contract. All of the above required work shall be done under the inspection of, and to the satisfaction of, the County Road Commissioner, and shall not be deemed complete until approved and accepted as complete by the Board of Supervisors of the County. Contractor further agrees to maintain the above required improvements for a period of one year following acceptance by the Board of Supervisors and during this one year period to repair or replace, to the satisfaction of the Road Commissioner, any defective work or labor done or defective materials furnished. Contractor further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of f our hundred forty six thousand seven hundred dollars 15 446 , 748.56 forty eight & .56/100 *Perimeter Streets (Washington & Eisenhower) only SECOND: Contractor agrees to pay to the County the actual cost of such inspections of the work and improvements as may be required by the Road Com- missioner. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this contract prior to the completion and acceptance thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this contract, or arising out of the use of any patent or patented article in the performance of this agreement. FOURTH: The Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter upon the lands of the sub- ject land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed with work within the time specified or any extension thereof granted by the Board of Supervisors. FIFTH: Contractor agrees at all times, up to the completion and acceptance of the work or improvements by the Board of Supervisors, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Road Commissioner at least 48 hours before beginning any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, 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 Board of Supervisors, or, if the Contractor 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 and notice in writing of such default shall be served upon him. The Board of Supervisors shall have the power, on recommendation of the Road Commissioner, to terminate all rights of the Contractor because of such default. The determination by the Road Commissioner of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Contractor, and any and all parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the County under law. EIGHTH: The Contractor agrees to file with County prior to the date this contract is executed a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this contract, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XV of Riverside County Ordinance No. 460 to secure the claims to which reference is made in Title 15(commen- cing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, contractor further agrees that if the improvement security is a bond and, if the sureties, either on the Faithful Performance Bond or on the bond securing payment of Labor and Materials, or both, or the amount of said bonds, in the opinion of the Road Commissioner, becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if con- tractor fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless all required improvements are completed within 90 days of the date on which the Road Commissioner notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. RD FORM 43, REV 7N NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this contract that, in the event it is necessary to extend the time of completion of the work contemplated to be done under this contract, extensions of time may be granted, from time to time, the B of Supervisors, either at its own option, or upon request of Contractor, and such extensions shall in no way affect the validity of this contract or release the surety sureties on said bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this contract, including any exten- sions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts 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 the agreement did not contain the particular part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this contract shall be served on the other party by mail, postage prepaid, at the following addresses: Dated: 1 / g13 ATTEST: Donald D. Sullivan, Clerk By Deputy (SEAL) Approved as to Form: County: Contractor: Subdivision Engineer Riverside County Road Dept. County Administration Center 4080 Lemon Street - 8th Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. 0 LAGUNA DE LA PAZ, LTD. M.B. JOHNSON PROPERTIES, GNRL PTNR COUNTY OF RIVERSIDE By Chairman, Board of Supervisors By SIGNATURES OF CONT CTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE