2019/10/02 Lennar Homes of California, Inc. Construction of Landscape Improvements Tract 37178 IP19-020LAGREEMENT
Tract Map 37178
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-020L
This agreement, made and entered into by and between the City of Menifee, State of California,
hereinafter called City, and Lennar Homes of California. lnc. , hereinafier called Developer.
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain land
division known as Tract Map 37'l7U lP19-020L, hereby agrees, at Developer's own cost and expense, to
furnish all labor, equipment and materials necessary to perform and complete, within 24 months from the date
this agreement is executed, 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 City Engineel and
are on file in the office of the Menifee Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor,
which are hereby expressly made a part of this agreement. All the above required work shall be done under the
inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and
accepted as complete by the City. Developer further agrees to maintain the above required improvements for a
period of one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer
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 Sixtv Seven Thousand and no/100, Dollars,
$ 62000.00 .
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer further agrees that, if suit is brought upon
this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and
reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by
Developer, 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: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss or damage happening or occuning to the works specified in this agreement prior to the completion and
acceptance thereof, nor shall City or any ofilcer or employee thereof, be liable for any persons or property
injured by reason of the nature of the work, or by reason of the acls or omissions of Developer, its agents or
employees, in the performance of the work, and all or 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, its 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 City, or any agent or employee of City, the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing the improvements.
This permission shall terminate in the event that Developer has completed work within the time specified or
any extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction ofthe works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods,
including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at least 48 hoursbefore beginning any work and shall furnish said City of Menifee Engineering all reasonable facilities for
obtaining full information with respect to the progress and manner of work.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any ofthe provisions of the plans and specifications, Developer shall be in default of this agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the City
Engineer, to terminate all rights of Developer because of such default. The determination by the City Engineer
of the guestion as to whether any of the terms of the agreement or specifications have been violated, oi 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 other rights and remedies available to City under law. The failure of the Developer to commence
construction shall not relieve the Developer or surety from completion of the improvements required by this
agreement.
EIGHTH: Developer agrees to file with City, prior to the date this agreement 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 agreement, and good and sufficient security for
payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as
amended to secure the claims to whlch reference is made in'l'itle 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code of the State of Califomia. Developer 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 (10) days
after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other
provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer
shall be in default of this agreement unless all required improvements are completed within ninety (90) days of
the date on which the City Engineer notified Developer of the insufiiciency of the security or the amount of the
bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
bonds 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 City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the
validity of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintain
the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any
extensions of time as may be granted therein.
TENTH: lt 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 that particular part, term or provision held to be invalid.
ELEVENTH: 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:
TWELFTH: This agreement contains the entire agGement 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.
atu
City of Menifee
29714 Haun Road
Menifee, CA 92586
Developer
Lennar Homes of California, lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: Jun'e 5 ,2019 Its Manger:
By:
hcD# sm,+?L
tz<at
By:
Dated:0 BER- L ,2019 CITY OF MENIFEE
By:
athan G. Smith, Public Works Director/
ity Engineer
CITY OF MENIFEE1/rMBy
Bill Zimalirild;Mayor
ATTEST:APPROVED AS TO FORM:
By
Sa h anwa g C Clerk Melching,rney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
B
CALIFORI{IA ALL.PURPOSE ACKilOWLEDGMEI{T ctvtL CODE 5 1189
A nota icbt o erothpury officer this certificatecompleting verifies eth idonly of the indentityividual who thewhtosigned documichentthiscertificateschattaanded,thenot truthfu ness,or validaccuracy,of thatity document.
State of Californ
County of
On
Dote
personally appeared
Title or Type of Document:
Document Date:
before me,u
Nome Officer
/6,R\ roDlE ArHA6.%*f\A Notary Public - California
W,, ..""#1i[tl?iirl; :,,,
Nome(s) of Signe(s)
Signature
I certiflT under PENALTY OF PERJURy under thelaws of the State of California that the foregoinjparagraph is true and correct.
WITNESS my hand and official seal.
Ploce Notory Seol ond/or Stomp Above
OPTIONAL
of Notory public
Completing this informotion con defer qrterotion of the document orfroudulent reottochment of this form to or-iiirinded document.
Description of Attached Document
Signer(s) Other Than Named Above:
Capacity(ies) Ctaimed by Signer(s)
Signer's Name:
tr Corporate
El Partner -o lndividual
tr Trustee
EI Other:
Officer - Title(s):
n Limited D General
tr Attorney in Factn Guardian of Conservator
tr Limited tr General
Signer's Name:
tr Corporate
tr Partner -
Er lndividual
tr Trustee
tr Other:
Officer - Title(s):
tr Attorney in Factn Guardian of Conservator
Signer is Representing:
@2017 National Notary Association
Signer is Representing:
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Title of
WEBB
ALEERT A
ASSOCIATES
LANDSCAPE CONSTRUCTION ESTI
PROJECT NAME: BASTN E tANDSCAPE ptANS
PROJECT CITY: MEN|FEE, CA
ESTIMATED BY: GIOVAN! AGUTRRE
DATE: oslof,lzolb
ITEM # BASE BID ITEM
1.00 MoBtLtzATtoN
1.01 CONTRACTORS MOBILIZATION (TO BE CALCUI.ATED FROM PROJECT
GRAND TOTAL)
fifrfi#fl##% s o.oz s 1,344.00
suBTorAL s L,232.O0
9553 sF
2.00
2.O7
GRADING AND EARTHWORK
SOIL PREPARATION AND FINE 6RADING
FURN]SH AND INSTALL FLUSH VALVES PER IRRIGATION DETA]L
FURNISH AND INSTALL AIR RELIEF VALVES PER IRRIGATION DETAIL
FURNISH AND INSTALL TREE BUBBLERS
FURNISH AND INSTALL IRRIGATION 1ATERAL LINES
FURNISH AND INSTATL IRRIGATION 2'' PVC SCH 40 MAINLINE WITH ALL
FITTINGS AND AWG14 TRACER WIRE
FURNISH AND INSTALL IRRIGATION MAIN SLEEVE 4" PVC
FURNISH AND INSTALL RECYCLED WATER SIGNS PER EMWD STDS.
PLANTING
24' BOX TREE, STANDARD
8'' PLUG, STANDARD
5 GAL SHRUB, STANDARD
1GAL SHRUB
S o.to S
5UBTOTAL $
S soo.oo S
S q,goo.oo S
S zso.oo 5
rs0.00 s
400.00 s
27s.OO S
160.00 s
2s.00 s
1.00 s
30.00 s
2s.00 5
2s.00 s
2.s0 s
s.00 s
S 4.oo S
S so.oo 5
suBToTAr $
s00.00
4,800.00
1,500.00
300.00
400.00
275.00
320.00
1,650.00
784.00
60.00
2s.00
500.00
4,327.50
860.00
32.00
1s0.00
16,333.50
2,500.00
10,240.00
8,540.00
13,510.00
955.30
955.30
3.00
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.1
3.11
3.L2
3.13
3.14
3.15
3.16
IRRIGATION
COORDINATE CONNECTION FROM PROPOSED VALVES TO EXISTING 1
CONTROLLER AND RE.PROGRAM WITH NEW ZONES
FURNISH AND INSTALL & CONNECT TO ELECTRICAL SOURCE - CALSENSE 1
IRRIGATION CONTROLLER WITH STAINLESS STEEL ENCLOSURE
FURNISH AND INSTATL REMOTE CONTROL VALVE AND PI.ASTIC VALVE BOX 6
FURNISH AND INSTALL ATMOSPHERIC VACUUM BREAKER 2
FURNISH AND INSTALL MOISTURE SENSOR 1
FURNISH AND INSTALL DRIP ZONE MED/LOW FLOW KIT REMOTE 1
CONTROL VATVE AND PLASTIC VALVE BOX
FURNISH AND TNSTALL ]." QUICK COUPLER VALVE IN PISSTIC VALVE BOX 2
FURNISH AND INSTALL 12" POP.UP SPRAYS 65
SHRUB AND GROUND COVER AREA DRlPLINE IRRIGATION WITH TECHLINE 784
L5
EA
EA
EA
EA
EA
s
s
S
S
s
S
s
s
S
S
s
2
1
20
1737
172
10
2s60
427
1351
8
3
EA
EA
SF
EA
EA
EA
LF
LF
LF
EA
EA
EA
EA
EA
4.00
4.0L
4,02
4.03
4.44
S zso.oo S
S 4.oo S
S 2o.oo S
S 1o.oo S
AIBERTA. WEBB AssoclATEs | :j7rjs NtccR/ry s--;1i:er R:vLF.s Dt.. CA g2506
-
tmrncuon Onty
wlh hr prqlod requircmeots
oordsHrcy with tha pn roct
No
-
toronly neralge conformance
ln Contracl Docu menls and for
S nsiblerespo for compliance with alloflhelrconacdocumentsandbrtherefcandeuccessfulofwork
Clty of Menifee
Print t{rme:
natlcurcO Excepllons Noted
Rsrrfle and Resubmit
4,05 FURNISH AND INSTALL 3" THICK WOOD CHIP MULCH 7548 SF S o.rs
SUBTOTAL
Ls S 4,ooo.oo
SUBTOTAL
5.00
5.01
MAINTENANCE
1 YR ESTABLISHMENT PERIOD
s
S
s
$
L,132.2O
35,922,20
4,000.00
4000.00
58,t143.00
8,766.45
67,209.45
L
ITEM TOTAL $
GoI{TTNGENCY (ls96l $
GRANDTOTAI $
AIBERT A. WEBB ASSOCIATES I t7[rg t ICCRA\ .iTri [[ r RiVt:RSl Dt:, CA 921i06
LENNAR HOMES OF CALIFORNIAO INC'
CERTIFICATB OF INCUMBENCY
MARCH 22,20t6
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of
LENNAR HOMES OF CALIFORhIIA, INC., a California corporation (the "Corporation"),
hereby certifies that:
l. Geoff Smith is a duly elected, qualified and acting Authonzed
Agent of the Corporation, serving continuously in such capacity since his election
on January 7,2015;
2. As a Authorized Agent of the Corporation, the foregoing
individual has the power and authority in the name and on behalf of this
Corporation to execute and deliver documents for the County of Riverside, Stateof California, including subdivision development agreements, subdivision
improvement bonds and extension of time agreements, purchase agreements,
subcontractor agreements, bond agreements, utility agreements, permitting
applications and other routine community documents necessary in connection
with the business of the Corporation; and
3. The authorities hereby conferred shall be deemed retroactive, and that
any and all actions by Geoff Smith in his capacity as an Authorized Agent of the
Corporation that were performed prior to the passage of these resolutions be, and
they hereby are, approved, ratified and confirmed in all respects.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of lncumbency
on behalf of the Corporation effective as of the date first written above.
Secretary
STATE OF FLORIDA
COLINTY OF MIAMI-DADE
Sworn to and subscribed before me this 22nd day of March,2016, by Mark Sustana, the
Secretary of LENNAR HOMES OF CALIFORNIA, fNC., a California corporation, on behalf of
the Corporation. He is personally known to me and did not take an oath.
.64\ CHARLES GAMBLE/€i-j"'t\ now Pubtic, state d Fbdda
W-,ffifif,:'ffifr,,NOTARY PUBLIC, State of Florida