18765-1 LML Dev. 83 AGREEMENT
FOR THE PLACEMENT OF SURVEY MONUMENTS
This agreement made and entered into by and between the Count'/of Riverside, State of California, hereinafter called County, and
LML Development Corp of California hereinaffercalledC0ntract0r.
WlTNESSETH:
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 #1 876=,-1 hereby qreas, at Contractor's own cost and expense, to fumish ail labor, equipment and materials nec__~-sa__ry to perform and
complete, and within 18 months from the date this agreement is executed to set, in a good and workmanlike manner, all survey monuments and de points and to furnish
to the County Surveyor ~ notes for said tract in accordance with the standards set forth in Ordinance No. 461 of the County and Section 8771 et seq. of the Business and
Professions Code of the State of California. Contractor further agrees to pay, within 30 days of presentation to contractor of the final billing of any surveyor or engineer
for work performed by him as provided for in Arl]cle 9 of Chapter 4 Division 2 of Title 7 of the Government Code of the State of California (commencing with Section
66495). Contractor further agrees that if payment to the surveyor or engineer is not made within 30 days, the surveyor or engineer notifies County that he has not been
paid for setting the final monuments, 8nd the Board of Supervisors, pursuant to Section 66497 of the Government Code, after providing Contractor with an opportunity to
present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by County to the engineer or surveyor, the contractor, will,
upon demand and without proof of loss by County, reimburse County for any funds so expended. Notwithstanding any other provision herein, the determination of the
Board of Supervisors as to whether the surveyor or engineer has been paid shall be conclusive on the contractor, his surety and any and all parties who may have an in-
mast in the contract or 8ny portion thereof. All d the above required work shall be done under the inspection of, and to the satisfaction of, the County Surveyor, and
dmH not be deemed complete until approved and accepted as complete by the Board of Supervisors of the County. The estimated cost of said work is Three
Thousand dnllars ($ 3,000.00 ).
SECOND: Contractor hereby agrees to pay to the County the actual cost of such inspections of the above required work as may be required by the County Surveyor
of the County of Riverside. Contractor further agrees that, if suit is brouoht upon this contract or any bond guaranteeing the completion of the monuments, all costs and
reasonable expanses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorney's fees, and that,
upon en~ 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 thereof, be liable or respons~le for any accident, loss or damage happening or occuring to the works
specified in this contract prior to the completion and acceptance of the same, nor shall County, nor any officer or employee thereof, be liable for any persons or property
injured by reason of the nature of said work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of said work, but all of said
liabilities shall be assumed by Contractor. Contractor further agrees to protect, defend and hold harmless County and the officers and employees thereof from any and all
claims, demands, causes of action, liability or loss of any sort because of or arising out of the acts or omissions of Contractor, his agents and employees, in the perfor-
monce of this contract, or arising out of the use of any patent or patented article in the performance of said agreement.
FOURTH: The Contractor hereby grants to the County, the Surety upon any Bond, and to the agents, employees, and contractor of either of them, the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing the monumentation. This permission shall terminate in the event that the
Contractor or the Surety has completed the work within the time specified or any extension thereof granted by the Board of Supervisors. It is further agreed that the~
Contractor shall have control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is n _ec,~___ry to allow him to carry
out this agreement.
FIR'H: The Contractor agrees to file with the county prior to the date this contract is executed an acceptabla and sufficient improvement security in an 8mount not
les= than the e:,'timated cost of this work, as above specified, for the faithful performance of the terms and conditions and ouarantee~ of this aoreement and for the
payment of the 8mount of the improvement security to the County for the benefit of any surveyor or engineer who has not been paid by the contractor, as provided for by
Section 66495 et seq. of the Government Code of the State of California. Contractor further agrees if said improvement security is a Bond and the Surety or Sureties of
said bond, or any of them, or the amount of said Bond, in the opinion of the County Surveyor become insufficiont, the Contractor qreas to renew said Bond with good
and sufficient Surety or Sureties or increase the amount of said Bonds, or both, within ten days after being notified by the commissioner. Notwithstanding any other
provision herein, if contractor 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.
SIXTH: If the Contractor neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the time specified, or within such
extensior~ of said 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 and upon any Surety in
connection with this contract. The Board of Supervisors shall have the power, on recommendation of the County Surveyor, to terminate all rights of the Contractor in
such contract, but said termination shall not affect or terminate any of the riohts of the County as against the Contractor or his Surety then existing or which thereafter
accrue because of such default. The determination by the County Surveyor of the question as to whether any of the terms of the contract or specifications have been
~<dated, or have not been performed satisfactorily, shall be conclusive upon the Contractor, his Surety, and any and all parties who may have any interest in the contract
JIIM 411Air. Ill~
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.
SEVENTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securino this contract that, in the event it is
deemed 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, by
the Board 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
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.
EIGHTH: 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.
NINTH: Any notice or notices required or permitted to be given pursuant to this contract shall be served on the other party by mBil, postage prepa!d, at the
following addresses:
County.: Contractor:
Subdivision Engineer *Tract No. 18765-1
Riverside County Road Dept. LML Development Corp of California
County Administrative Center P.O. Box 1000
4080 Lemon Street- 8th Floor La Quinta, CA 92253
Riverside, California 92501
IN WITNESS WHEREOF Contractor has affixed his name, address and seal.
Dated:
ATrEST: COUNTY OF RIVERSIDE
By
By Chairman, Board of Supervisors
Deputy
(SEAL)
~rlALD J. OEEnUNO9, Count/
.
~ . SII31~IATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE
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