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
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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
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CH FLES CrAIlEt.E
MY @Nfilssroll I G6 $7920
ExflnES: tlottltlba ?. 2020
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EXHII]IT A
Certifi cate of Incorporation
(See attached)
I]XHIBIT B
Bylaws
(See attached)
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EXIIII}IT (]
(See attached)
JMIAMt 2 t09524 J 723!U26094
Rosolutions