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2019/04/12 Griffin Residential Grading Erosion Control NPDES and Drainage Projects GP18-065R TR 37136AGREEMENT TRACT 37,I36 FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS GP18-065R This Agreement, made and entered into by and between the City of Menifee, State of California, herein called City, and Griffin Residential, hereinafter called Developer. WITNESSETH FIRST: Developer, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as 7136 / GP18-065R agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete, and within 24 months from the date this agreement is executed, to perform and complete in a good and workmanlike manner, said grading in accordance with the grading plans for the development of said land division which have been approved by the, City Engineer, and are on file in the City, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 457, as amended, which are expressly made a part of this agreement. All of 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 approval of the grading project is made by the City Engineer. The estimated cost of said work is the sum of Two Hundred Sixtv Two , Dollars $ 262,000.00 which covers trrough grading only, E precise (fine) grading only, El both rough and precise (fine) grading. SECOND: Developer agrees to pay to the City the actual cost of such inspections of the work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any securily guaranteeing the completion of the work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that upon entry of judgment, 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 occurring to the works specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Developer, his agents or employees in the performance of the work, and all of 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, his 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 the City, and to any agent or employee of the City, the irrevocable permission to enter, upon the lands of the above referenced land division for the purpose of Inspecting or completing the grading project. This permission shall terminate in the event that Developer has completed the work within the time specified or any extension thereof granted by the City Engineer. FIFTH: Developer agrees at all times, up to the completion and approval of the work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the grading project, and to protect the traveling public from such defective or dangerous conditions. sIXTH: The Developer, or his agents and employees shall give notice to the city Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: lf the Developer, or his agents oremployees, neglects, refuses, orfailsto 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 city Engineer, or if the Developer 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. The City Engineer shall have the power to terminate all rights of the Developer because of such default. The determination of the City Engineer 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 the Developer, and any and all parties who may have any interest in the agreement or anyportion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law. EIGHTH: The Developer agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (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 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 determined acceptable by the City Engineer. Developer further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are rnsufficient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless all required works completed within 90 days of the date on which the City Engineer notifies the Developer of the insufficiency of the sureties or the amount of the bonds or both. TENTH: Since the work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory complelion and final approval of said work by the City Engineer, $ 139.000.00 of the security applicable thereto shall be released or returned by the Citytothe Developerwithin 30days. Of the remaining $123.000.00 security (for Erosion Control) shall be retained. The remainder security shall be held until the California Water Quality Control Board issues a Notice of Termination. ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors, administrators, successors or assigns, all and each both.Jointly and severally. NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit 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 the City Engineer either at his own option or upon request ofthe Developer, and such extensions shall in no way affect the validity of this agreement or release the 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 terms of this agreement, including any extensions of time as may be granted thereon. TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the Courts 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. No waiver of any term or condition of this agreement shall be continuing waiver thereof. THIRTEENTH: The grading operation will conform to the contract documents and the Department of Building and safety, county of Riverside Grading Notes (2007 cBC), attached. Any conflict or discrepancy between the drawings and the Grading Notes shall be brought to the attention ofthe City Engineer who will issuing a ruling. FORTEENTH: The grading operation shall obtain a General Construction Permit from the California Water Quality Control Board and conform to all requirements. This permit shall override any conflicting requirements in the Grading Notes (2007 CBC), attached FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation according to Sections 300 and 301 of the latest edition of the Standard Specifications for Public Works Construction. The geotechnical quality controlwill be underthe supervision of a registered geotechnical engineer in the State of California. SIXTEENTH: The City may elect to perform geotechnical quality assurance of the grading operation which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant free access to the City Engineer, his staff and consultants to perform inspections and quality assurance sampling and tests. EIGHTEENTH: 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. NINETEENTH: This agreement contains the entire agreement 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. CITY City of Menifee 29714 Haun Road Menifee, CA 92586 oper Lennar Homes of California, lnc. 980 Montecito Dr. Suite 302 Corona, CA 92879 IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. Dated:rh 2019 By Dated: At>8 t L L,.2afi CITY OF MENIFEE By. onathan G. Smith, Public Works Director / City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE By uortersossv &eloN leuo[eN /!oz€) 6ulpasa:de6 s; teu615 :taqlo trroleruasuo] lo uetpleng tr oalsnll trl)eJ ul ^aurouv El lenpt^lpul tr le.roua9 tr petlurt.] o _ jauued tr:(s)alltI - .lolllJo aletodlof, D :aueN s,.lau6!s :6urguasatdag sg ,teu61g :raqlo tr Joleruasuo] l0 uPlpleng tr ea$nlf o lceJ ul AauloUV tr lpnpl^lpul tr lelauag tr pallull.l tr _rauued tr :(s)allU - ratr!.JJO alerodJo3 tr aurel s,tau6r5 (s)rau6!5 ^q peuletJ (sa!tA!redeC :a^oqv pauleN ueqf laqlo (s)jau6ts -:sa6edlotaqunN :alec luauntroo luauntroc Jo ad^I lo alUI luaLlrnroo pEqreEv ro uo[dlrrsao 'luaun)op papuelulun uD ol u o! s!q|!o luauLlsollDal uappnD4)o luaunsop aql lo uoll atIE_ ratap uD) uottDutJolu1 s1t11 6u4a1dWo3 Jllqnd fuDtoN lo arruD lVNOtrdO o^oqv dwots ro/puD as iroloN asold 'leas leljuJo pue pueq,{u-r SS:NJtArt .pajJof pue on4 st qdeJoeled 6ulo0alol aql teql eluJo1lle3 ]o otels aql Jo s/v\el aqr rapun dnfuld JO At]VNtd rapun ^Jtuar I ZZ0Z I L qsl s.rtdxj LLr.lol lt J -9680tZZ * uO6r ururof ^lunof gp,rF^iU PruroJrle) - )rlqnd fueloN vHrv lt00r ]o lleqaq uodn de: pazuoqlne u! urqlr/v1 aq] ol ol pa^o.,d oq^ (srau69 Jo aqt lo awf q 'ou aJoJoq pareodde AlleuosJad uo lo ^lunoCroJrlef ]o alels 0 luaurntop leql Jo Atptle^ro .ItetnlJe ,ssaulnlqlnll ol.ll lou pue ,paqleue s!luaun:op aql paubts oqa,r lenprrupulaq1lo lluuapr aql r{1uo saquarr alerllryar irql 6unalduol .talUo slel4rual stql q)tqM ol raqlojo l!lqndfuelouV 6811 5 foo) 'lt^tf,IN: tOO3lrnoNlcv rsodund-.tlv vtNU0Jt.tvc ffiry-il.ffi I a.rnlpu6!S \ I \ { E Sheet 1 of 5 CITY OF MENIFEE ENGINEERING DEPARTMENT CONSTRUCTION COST WORKSHEET FOR ON.SITE GRADING, DRAINAGE AND NPDES PARCEL l\4AP OR TRACT MAP NO. Tract 371 36 DATE GP: 2t6t2019 GP18-06sR FAITHFUL PERFORMANCE SECURITY (100% of Estimated MATERIAL & LABOR SECURITY ("50% of Estimated IMPROVEMENTS Construction Costs)Construction Costs) Grading/Drainage Erosion Control WQMP Total $ Warranty Retention (1 0olo) 138,58'1 .04 98,069.40 25,200.00 261,850.44 $ $ $ $ $ ULATION OF 139,000.00 98,000.00 25,000.00 _______?93,099.0q 26,200.00 69,500.00 49,000.00 12,500.00 131,000.00 $ $ $ $ $ $ $ DESIGN ENGINEER'S CALC Ii/PR VE I\,4 ENT BONDING COSTS Construction items and their quantities, as shown on the attached worksheets, are accurate for the construction of the improvements required or implied to fullfill the Conditions of Approval for this project regarding on-site grading, drainage and NPDES. The mathmatical extensions, using the City of Menefee's Unit Costs, are accurate for determining fees. a--.2 \tq Signature Ed Lenth Date 52496 Name Typed or printed RCE# t\s W Civil Engineer's Stamp uNlT cosTs 2t1512012 FORMAT 2t15t2012 .. PLEASE READ INSTRUCTIONS BELOW *' 1 . Quantities are to be taken from the Grading Plans Unit cost are to be as provided on "City of Menifee lmprovement Requirement Worksheet." 2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. '-100% for Flood Control items. 3. For Construction items not covered by "The City of Menifee lmprovement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. lf City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used Construction Cost Worksheet Grading_201 9-0206.x|sx Sheet 'l of 5 CITY OF MENIFEE ENGINEERING DEPARTMENT CONSTRUCTION COST WORKSHEET ON-SITE GRAOING AND DRAINAGE SITE EXCAVATION Cut (c) = tf balance, provide (a.) onty, eittrer cut or firr Fill (f) = lf export, provide (a.)&(b.) a = fill, b = cut - fitl lf import, provide (a)&(c), a = cut, c = fill - cut (Unit costs for (a),(b), & (c) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.) (a.) Excavate and Fill (b.) Excavate and Exporl (c.) lmport and Fill DRAINAGE Concrete Bulkhead SIope Anchors for Pipes Cut Off Wall ( Std 2' ) A. C. Overside Drain Under Sidewaik Drain Std 309 FIat Outlet Drainage Structure Std 303 Curb Outlet Drainage Structure Std 308 Terrace Drain & Down Drain lnterceptor DLain R.C. Box Culvert Concrete Channel Rip Rap ( 1/4 Ton ) Methob B Rip Rap ( 112 f on ) Methob B Rip Rap ( 1 Ton ) Method B Rip Rap ( 2 Ton ) Method B 18' R.C.P. round, arch or elliptical 24" R.C.P, round, arch or elliptical 30'R.C.P. round, arch or elliptical 36'R.C.P. round, arch or elliptical 42" R.C.P. round, arch or elliptical 48'R.C.P. round, arch or elliptical 54'R.C. P. Or 64" x 43" R PA 60' R.C. P. Or 7'l " x 47" RCPA 18" C.S.P. or HDPE N12 24" C.S.P. or HDPE N12 30' C.S.P. or HDPE N12 36' C.S.P. or HDPE N l2 42' C.S.P. or HDPE N12 48" C.S.P. or HDPE N12 54' C.S.P. HDPE Or Equal 60" C.S.P. HDPE Or Equal Catch Basin W=4' Catch Basin W=7' Catch Basin W=14' '16,121 21 ,868 16,121 5,747 c.Y C,Y c.Y C.Y c.Y 0.60 $ 1.10 $ 2.80 $ $ $ $ 9,672.60 000 16,091 .60 EA. EA. c.Y EA. EA EA EA S,F S.F c.Y C.Y C,Y C-Y C.Y C,Y L.F. L. F, L. F. L. F. L, F. L. F. L. F. L, F. L.l- . L. F. L.F. L.F, L.F, L.F, L. F. 1.r. EA, EA, EA. rt $ $ $ $ b $ $ $ $ $ $ $ $ $ Q u $ $ $ $ $ $ $ $ $ $ $ b q b $ $ a 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200.00 $ 300.00 $ 400.00 $ 500.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 6.50 $ 6.50 $ 400.00 s 200.00 $ 80.00 $ 90.00 $ 100.00 $ 1 10.00 $ 1 13.00 $ 132.00 $ 153.00 $ 1 78.00 S 204.00 235 00 130.00 150.00 40.00 $ 50.00 $ 60.00 $ 70.00 s 80.00 $ 100.00 $ 1 10,00 $ 120.00 $ 2,500 00 $ 4,000.00 $ 7,500.00 $ 0.00 000 0.00 000 uNlT cosTS 1/05/2009 FORMAT 712712010 UNIT COST ITEM QUANTITY UNIT AMOUNT Construction Cost Worksheet Grading_201 9-0206.x1sx 0.00 0.00 0.00 000 0.00 MENIFEE E CITY OF I\4ENIFEE ENGINEERING DEPARTMENT CONSTRUCTION COST WORKSHEET ON.SITE GRAOING AND DRAINAGE Sheet 2 of 5 uNtT cosTS 1/05/2009 FORMAT 7t27t2010 UNIT COST ITEM QUANTITY UNIT AMOUNT Catch Basin W=21' Catch Basin W=28' lnlet Type lX or X Junction Structure No. 1 Junction Stiucture No. 2 Junction Structure No. 6 Transition Structure No. 1 Transition Structure No. 2 Transition Structure No, 3 Manhole No, 1 Manhole No. 2 Manhole No. 3 Manhole No. 4 Skuctural Reinforcement Concrete Headwall for 36'; or smaller storm drain Movilizatlon (if Subtotal is Iess than $20,O0O) 36" Wide V-ditch 3" AC Over 90% Compacted Native Access Road lnstall Pipe Swing Gate 6" Curb & Gutter 6" Asphalt Berm 4"AC over 6"A8 5' Retaining Wall 8' Retaining Wall PCC Splash Wall Rip-Rap 6' Tubular Fence PeC Drop lnlet & Apron $ $ $ $ $ $ $ e a $ $ s $ a $ $ $ $ $ $ $ $ $ $ o $ $ $ $ $ EA EA EA EA, EA. EA. EA. EA, EA. EA. EA. EA. EA. C.Y. EA. LS S.F. s.F. 1 1,000.00 $ 14,500.00 $ 2,s00.00 $ 3,500.00 $ 4,500.00 $ 5,000.00 $ 12,500.00 $ 12,500.00 $ 4,s00.00 $ 5,000.00 $ 6,500.00 $ 2,700.00 $ 6,500.00 $ 400.00 s 3,500.00 $ 10,000.00 $ 6,50 S 3,00 $ 1,000.00 $ 14.00 $ 8.00 $ 10,00 $ 10.00 $ 14.00 $ 30.00 s 4.00 $ 10.00 $ 200.00 $ $ $ $ $ o 0.00 0.00 0.00 0.00 0.00 o.0o 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 8972 EA. L. F. L, F, S.F, S,F. S.F, EA. S, F. L, F, EA. 0.00 0.00 0.00 o-o 0.00 0.00 o-oo 0.00 89,720.00 0.00 0.90 0.00 0.00 0.00 0.00 o.oo 0.00 0.00 0.00 $ $ $ Subtotal $ 115,484.20 Administrative Continge (20oh x A) Grading/Drainage Total (A + B)$ 138,581.04 Construction Cost Worksheet Grading 2019-0206.x|sx TAIBlc E---- ,me6-s4 E CITY OF MENIFEE ENGINEERING DEPARTMENT CONSTRUCTION COST WORKSHEET EROSION AND SEDIMENT CONTROL uNtT cosTs 1/05i2009 FORMAT 6t27 t2010 UNIT COST ITEM OUANTITY UNIT AMOUNT Stabilized Construction Entrance Gravel Bags Silt Fence Fiber Rolls Hydroseeding / Hydromulch Straw / Coconut Fiber Mats Hay Bales 2 8,935 4,835 EA, EA. L. F, L. F. S.F. S, F, EA. AC. $ $ 1 ,800.00 $ 4.00 $ 8.00 $ 3.25 $ 0.50 $ 1.75 $ 10.50 $ 1,236.00 $ 3,600.00 35,740.00 38,680.00 0.00 3,704.50 0,00 000 0.00 7 ,409 s $ s $ U $ $ Desilting Basins (per acre of drainage) $ o $ $ $ $ $ $ $ $ s $ $ $ $ s s a $ $ $ $ $ b $ $ i U $ $ $ $ $ $ $ a a $ $ $ a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 Subtotal $ 81,724.50 B Administr?tive Contingency (20% x A)$ 16,344.90 C Streets/Drainage Total (A + B)s 98,069.40 Construction Cost Worksheet Grading_201 9-0206.x1sx Sheet I of 5 CITY OF MENIFEE ENGINEERING DEPARTMENT CONSTRUCTION COST WORKSHEET WATER QUALITY MANAGEMENT PLAN (WOMP) Sheet 1 of 5 uNrT cosTs 1/09/2009 FORMAT 7127t2010 UNIT COST ITEM AMOUNTQUANTITY UNIT Conventional Grass / Vegetated Swale Sand filtration Swale and Basins Gravel lnfiltratlon Swale and Basin S.F. S.F. S, F, L.F, L.F. EA. EA. S.F, U $ $ $ $ $ $ s $ $ $ $ $ s $ $ $ $ $ $ $ $ $ $ a $ $( D $ 5.00 $ 2s.00 $ 30.00 $ 50.00 $ 25,000.00 $ 1,000.00 $ 1,s00.00 $ 15.00 $ 0.00 Retention or Detenlion Pipe (HDPE , CMp) Cartridge Filtration Chamber Catch Basin Filter lnse( Roof Downspot Filter Pervious Pavement / Pavers 21 0.00 0.00 0.00 0.00 21,000.00 $ $ $ $ e $ $ $t U $ $ $ $ $ c $ $ a $ $ u 0.00 o00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.oo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Subtotal $ 21,000.00 B Administrative Contingency (20% x A)4,200.00$c Streets/Drainage Total (A + B)25,200.00$ Construction Cosl Worksheet Grading 2019-0206.x|sx IENIFEE CF],RTIFICATE OF ASSISTANT SECRETARY ()l' LENNAR HOMES OF CAI,IFORNIA. INC. AUGUST 1,2017 Attached hereto as Exhibits A and B are true, correct and complete copies of the Certificate of Incorporation and the Bylaws of the Corporation, respectively, and there have been no amendments or modifications thereto as ofthe date hereof. 2. Attached hereto as Exhibit C are true, correct and complete copies of certain resolutions duly and unanimously adopted by the Board of Directors of the Corporation by Written Consent, dated June 28,2006. Such resolutions have not been amended or repealed and remain in full force and effect. 3. MARK TORRES is a duly elected Vice President of the Corporation, serving continuously in such capacity since his election on January 5, 2007 . He is incumbent in such office as of the date hereof and is authorized to sign documents on behalf of the Corporation. 4. Jf,FF CLEMENS is a duly elected Vice President of the Corporation, serving continuously in such capacity since his election on June 26,2006. He is incumbent in such office as ofthe date hereof and is authorized to sign documents on behalfofthe Corporation. 5. GEOFFREY SMITH is a duly elected Vice President of the Corporation, serving continuously in such capacity since his clection on January 7,2015. He is incumbent in such office as of the date hereof and is authorized to sign documents on behalf oI' the Corporation. ISignature Page Follows] The undersigned, Sandra Leyva, as the duly elected, qualified and acting Assistant Secrctary of LENNAR HOMES OF CALIFORNIA, INC., a Califomia corporation (the "Corporation"), hereby certifies that: IN WII'NBSS WiIL,REOF, the undersigned has executed this Certificate of Assistant Secretary on behalfofthe Corporation effective as ofthe date first written abovc. artdra Leyva, Ass t Secretary STATE OF FLORIDA COUNTY OF MIAMI-DADE Swom to and subscribed before me this I'r day of August 2017, by Sandra Leyva, Assistant Secretary of Lennar IIomes of California, Inc., a Califomia corporation, on behalf of the Corporation. She is personally known to me and did not take an oath. NOTARY PUBLIC ) CH FLES CrAIlEt.E MY @Nfilssroll I G6 $7920 ExflnES: tlottltlba ?. 2020 L.d.a ltrru xair, fublc l,,r(brlla MIAMI 2 109524.1 7231126094 ) ^Al/\/v EXHII]IT A Certifi cate of Incorporation (See attached) I]XHIBIT B Bylaws (See attached) 2Mlr'.]l 2t09524 3 7239326094 EXIIII}IT (] (See attached) JMIAMt 2 t09524 J 723!U26094 Rosolutions