2020/08/14 Richmond American Homes of Maryland, Inc. Landscape and Irrigation Improvements PLN20-0086 Valor West HOAAGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON-SITE PE IMPROVEMENTS ("Agreement") is
made and entered into as of the lqfh day of 2020, by and between the CITY OF
MENIFEE, a Califomia municipal corporation,ty") and Richmond American Homes of
Maryland, Inc., a Maryland Corporation, ("Developer")
WITNESSETH
L Landowner, for and in consideration of the approval of a minor plot plan for
landscape and irrigation materials and installation ("Work") on that certain development plan
known as "Valor West" HOA area landscaping and irrigation plans (working drawings), (Plot Plan
No. PLN20-0086), which is located north of Winter Circle, south of Fair Oaks Lane and is bound
to the east and west by landscape paseos, 40D and 40A respectively, within Planning Area l3 of
the Audie Murphy Ranch Specific Plan (the "Properly"), agrees, at Landowner's own cost and
expense, to furnish all labor, equipment, and material necessary to perform and complete the Work
and, as it relates to the
L landscape and irrigation improvements, Landowner also agrees that it shall
maintain for a period of twelve (12) months after its Building Permit has been issued or as
otherwise required by City's Community Development Director in a good and workmanlike
manner, all those landscape and irrigation improvements in accordance with those landscape and
irrigation plans for the development of said entitlement which have been approved by City's
Community 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 and Menifee Municipal Code Chapter 15.04, which
are expressly made a part of this Agreement, which are attached hereto as Exhibit L to this
Agreement. All of the Work shall be done under the inspection of and, to the satisfaction of, City's
Community Development Director and shall not be deemed complete until approval of the final
inspection is made by City's Community Development Director. Approval of City's Community
Development Director of the Work and of the final planting shall be in writing. The estimated
cost of the Work is TWO HUNDRED TWENTY EIGHT THOUSAND SIX HUNDRED
FrFTy ErGHT DOLLARS AND THIRTY FrVE CENTS ($228,6s8.35).
3- Landowner agrees to pay to City the actr-ral cost of such inspections of the Work as
may be required by City's Community Developrnent Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, sxpenses, 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 anyjudgrnent
rendered.
4- To the fullest extent permitted by law (including, without limitation, Califomia
Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnify, and hold free and harmless City and City's agents, officers, and
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employees, (each, an "Indemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, ot subcontractors of Landowner fcollectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attorneys' 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 part, the negligence,
recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities control (collectively, the "Liabilities"), in connection with the
irrplementation of this Agreement. Such obligation to defend, hold harmless, and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such lndemnitee.
I 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 has completed the Work within the time specified or any extension thereof granted by
City's Community Development Director, and upon the City's Community Development
Director's final approval of the Work.
6- Landowner agrees at all times, up to the completion and written approval of the
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 Work, and to protect the
traveling public from such defective or dangerous conditions.
L Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner shall provide City's Community Development Director with any and all information
or any other materials, deemed reasonably necessary by the Community Development Director or
its designee, to allow the City's Community Development Director or its designee the ability to
monitor, assess, and inspect the progress and manner of the Work,
& Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Work. Landowner shall not hire or employ any
person to perfonn work within City or allow any person to perfonn the Work required under this
Agreement unless such person is properly documented and legally entitled to be ernployed within
the United States. Any and all work subject to prevailing wages, as detennined by the Director of
Industrial Relations of the State of California, will be the rninimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates rnay be obtained
from the Califomia Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 461 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 and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
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9- If Landowner, or its 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, or may be, granted by City's Community Development Director,
or if Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions
of the 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 tenninate all rights (granted by Plot Plan No. PLN20-0086) of Landowner
due to such default. The determination of City's Community 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 of any right or remedy by City shall impair such right or remedy or be
construed as a waiver. City's consent or waiver of one 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 of any 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.
10- 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 Work
for the faithful perfonnance of the tems and conditions of this Agreement, except that when the
estirnated cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivaient
as determined 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 (10) 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 necess ary Lo 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 Development Director notif,res
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
L It is fuither agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers of any instruments or letters of credit securing this Agreernent,
that, in the event it is deerned necessary to extend the time of completion of the Work contemplated
to be done under this Agreement, extensions of time rnay be granted from tirne to tirne by City's
Cornmunity Development Director either at his/her option or upon request of Landowner, and such
extensions shall in no way affect the validity of this Agreement or release tlie 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.
L Upon the satisfactory completion and written approval of the Work by City's
Cotnmunity Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
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13- This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
b 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.
lA It is understood and agreed by the parties hereto that if any 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 particulat part, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
]6- This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
lL 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 of this Agreement.
1& The laws of the State of California shall govern this agreement. ln the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. ln the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
-19- The person(s) executing this Agreement on behalf of the 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.
L 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
Comrnunity Development Department
29844 Haun Road
Menifee, CA92584
To Landowner:
Richrnond American Homes of Maryland Inc.
5171 California Ave #120
Irvine, CA 92617
[signatures on following page]
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IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Richmond American Homes of Maryland Inc.
("Landowner")
Y /z '.u @'[c)n/l-Dated:
Dated
CITY OF MENIFEE
("City")
Dated:
Approved as to Form:
By
By
By
(Signature for President or other Category I Officer)
#o*n- b4EL-
(Print Name)
/r tlA,ttAbEneilT-
(Title)
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
Clrcryl Ki
Community Devel
Jeffrey T. Melching
City Attorney
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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.
ACKNOWLEDGMENT
On Aucrt::f 3@,1.ozqbefore me, \lErzor.rrcl CoGopApa , Notary Public,
(here insert name and title of the officer)
personally appeared ffic,.NL (-oY<72-
who proved to me on the basis of satisfactory evidence to be the person(s)-whose nameQg@,"rC
SLI
persord.sf
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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ffi, vERoNrcAcoRorrlDo
W^^,:-;#',;li$?#:,;,,
Signature
lsEALl
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STATE OF CALIFORNIA
COUNTY OF €.tUf.a..tOE
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CERTIFICATE OF RESOLUTION
l, Joseph H. Fretz, as Secretary of Richmond American Homes of lVlaryland, lnc.,a Maryland corporation (the "Company"), do hereby certify on behalf of the Companythat the following resolutions were adopted by the Board pursuant to Minutes of Actiondated as of February 10, 2020, and that such resolutions are in full force and effect as
of the date of this Certificate of Resolution:
RESOLVED, that the company hereby appoints Edgar Gomez as Vice
President - Project [Vlanagement (Land) (Riverside Division), effective as of
January 18, 2020, to serve until his successor is duly appointed or until the
earlier of his resignation, retirement, termination of his employment, or death;
and it is
FURTHER RESOLVED, that Edgar Gomez as an officer of the Companyis authorized hereby to enter into and execute and deliver, on behalf of the
Company, any and all documents necessary or advisable in connection with his
position as Vice President - Project [/anagement (Land) (Riverside Division).
RICHMOND AN/IERICAN HOIMES OF
MARYLAND, lNC., a [Vlaryland corporation
By:
Josep relz,
Executed at Denver, Colorado thi, -l5Py of Febru ary 202a
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