2018/06/07 Lennar Homes of California, Inc. Landscape and Irrigation Improvements TR 37179AGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR COMMON AREA LANDSCAPE IMPROVEMENTS
("Agreement") is made and entered into as of the �of 3Jh-p. , 2018, by and between the CITY
OF MENIFEE, a California municipal corporation, ("City") and LENNAR HOMES OF
CALIFORNIA, INC., a California Corporation ("Developer").
WITNESSETH
1. Developer, for and in consideration of the approval of a minor plot plan for
homeowner's association maintained common area landscape and irrigation materials and
installation ("Work") on that certain development plan known as "DA 4 Common Area
Landscape", HOA maintained front yards, interior streetscapes, and open space lots (Plot Plan No.
2017-332) located within Tract Map No. 37179 on Civic Center Drive and Civic Plaza Drive,
Assessor's Parcel Number 360-850-022 , (the "Property"), agrees, at Developer's own cost and
expense, to furnish all labor, equipment, and material necessary to perform and complete the
common area landscaping and, as it relates to the landscape and irrigation improvements,
Developer 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 9.86 and Menifee Municipal Code
Chapter 15.04, which are expressly made a part of this Agreement, which are attached hereto as
Exhibit A to this Agreement. All of the Recreational Center 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 Recreational Center Work
and of the final planting shall be in writing. The estimated cost of the Recreational Center Work
is EIGHT HUNDRED, NINETY EIGHT THOUSAND, ONE HUNDRED AND FOURTEEN
00/100 DOLLARS ($898,114.00).
2. Developer agrees to pay to City the actual cost of such inspections of the
Recreational Center Work as may be required by City's Community Development Director.
Developer and City further agree that if suit is brought upon this Agreement or any security
guaranteeing the completion of the Recreational Center Work, all reasonable costs, expenses, and
fees incurred by City in successfully enforcing such obligations shall be paid by Developer
including reasonable attorneys' fees, and that upon entry of judgment, such costs, expenses, and
fees shall be taxed as costs and included in any judgment rendered.
3. To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6), Developer 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 Developer or any officers, agents, employees,
representatives, or subcontractors of Developer [collectively, the "Developer 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 Developer, any of the Developer Entities, anyone directly
or indirectly employed by either the Developer or Developer Entities, or anyone that the Developer
or Developer Entities control (collectively, the "Liabilities"), in connection with the
implementation 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 Indemnitee.
4. Developer 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 Recreational
Center Work or determining compliance with this Agreement. This permission shall terminate in
the event that Developer has completed the Recreational Center 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 Recreational Center Work.
5. Developer agrees at all times, up to the completion and written approval of the
Recreational Center 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 Recreational
Center Work, and to protect the traveling public from such defective or dangerous conditions.
6. Developer, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Recreational Center
Work. Furthermore, Developer 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 Recreational
Center Work,
7. Developer shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Recreational Center Work. Developer shall not
hire or employ any person to perform work within City or allow any person to perform the
Recreational Center Work required under this Agreement unless such person is properly
documented and legally entitled to be employed within the United States. Any and all work subject
to prevailing wages, as determined by the Director of Industrial Relations of the State of California,
will be the minimum paid to all laborers, including Developer employees, contractors, and
subcontractors. It is understood that it is the responsibility of Developer to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
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City's request. Developer and all Developer Entities shall obtain and maintain a City of Menifee
business license. Developer shall require the same of all contractors and subcontractors.
8. If Developer, or its agents or employees, neglects, refuses, or fails to prosecute the
Recreational Center 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 Developer violates, neglects, refuses, or fails to perform satisfactorily
any of the provisions of the plans and specifications, Developer shall be in default of this
Agreement and notice in writing of such default may be served upon Developer. City's
Community Development Director shall have the power to terminate all rights (granted by Plot
Plan No. 2017-332) of Developer 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 Developer, 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 Developer shall not be deemed to constitute a consent or waiver of City's rights with
respect to any subsequent act or omission by Developer. 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.
9. Prior to the date this Agreement is executed, Developer agrees to file with City
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
Recreational Center 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 City's Building Director.
Developer 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, Developer 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 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
work is completed within ninety (90) days of the date on which City's Community Development
Director notifies Developer of the insufficiency of the sureties or the amount of the bonds or both.
10. It 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 of credit securing this Agreement,
that, in the event it is deemed necessary to extend the time of completion of the Recreational Center
Work contemplated to be done under this Agreement, extensions of time may be granted from
time to time by City's Community Development Director either at his/her 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 said bonds. Developer 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.
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11. Upon the satisfactory completion and written approval of the Recreational Center
Work by City's Community Development Director, the entire amount of the security shall be
released or returned by City to Developer.
12. This Agreement shall be binding upon Developer and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
13. 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.
14. 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 particular part, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Developer 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.
17. The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in Los Angeles.
18. 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.
19. Any notice or notices required or permitted to be given pursuant to this Agreement
shall be served on the other parry by mail, postage prepaid, at the following addresses:
To City: City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
To Developer: Lennar Homes of California, Inc.
980 Montecito Drive, Suite 302
Corona, CA 92879
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[signatures on following page]
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the
date and year first above written.
Lennar Homes of California, Inc.
("Developer")
Dated: l V 11 By P-
(Signature for President or other Category 1 Officer)
GleoEy- SM\tV\.
(Print Name)
(Title)
Dated: By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
Dated: By
Cheryl Kitzerow
Community Development Director
Approved as to Form:
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
STATE OF CALIFORNIA )
SS.
COUNTYOF Qj )
On V u aD , before me, Jodi karq Ra(" Notary Public,
/` Ph (here irzel. name and title of the o Fieer)
personally appeared Y
who proved to me on the basis of satisfactory e idence to be the person((, rwhose name(k�is/pe
subscribed to the within instrument, and acknowledged to me that he/sKe/thX executed the same in
his/Vr/t�6ir authorized capacity(io, and that by his/Vr/tVir signaturexon the instrument the
person, ), or the entity upon beha f of which the person;4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (MY
[SEAL]
Notary Public -California Z
*my
Riverside CountyCommission # 2230896
Comm. Expires Feb 11, 2022
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Lennar Homes - Menifee Town Center DA-4
Estimate of Probable Costs
Prepared by BMLA, Inc
Date Prepared: 4-27-2018
Item
Unit
Quantity
Cost
Total COMMENTS
Hardscape
4" Concrete - Nat Gray, Med Broom Finish
SF
27,208
$6.50
$176,852
6" Concrete Mow Curb
LF
103
$10.00
$1,030
Total Hardscape
$177,882
Wall and Fencing
Total Wall and Fencing
$0 PER WALL AND FENCE PLANS
New Construction Amenities
Entry monument
EA
2
$5,000,00
$10,000
6'Bench
EA
10
$1,800.00
$18,000
Waste Receptacle
EA
4
$950.00
$3,800
Pet Station
EA
2
$500.00
$1,000
Art Sculpture - Garden Sphere
EA
1
$4,000.00
$4,000
Art Sculpture - KISMET
EA
1
$5.000.00
$5,000
Concrete steps
LF
90
$35.00
$3,150
Handrails
LF
60
$60.00
$3,600
Overhead Eyebrow Trellis
EA
2
$9,000.00
$18,000
Concrete Pedestal
EA
2
$400.00
$800
Stucco Pilasterwith Pot
EA
6
$650.00
$3,900
Total Amenities
$71,250
New Landscape:
15 Gal Tree
EA
225
$150.00
$33,750
24" Box Tree
EA
230
$300.00
$69,000
36" Box Tree
EA
0
$650.00
$0
48" Box Tree
EA
1
$1,500.00
$1,500
12' BTH Palm Trees
EA
5
$1,600.00
$8,000
Marathon 11 Sod
SF
1,835
$0.50
$918
Hydroseed Groundcover
SF
5,665
$0.20
$1,133
Flatted Groundcover
EA
4,620
$0.30
$1,386
1 Gal groundcover
EA
1.200
$6.50
$7,800
1 Gal Shrub
EA
4,816
$6,50
$31,304
4" Pots
EA
2,814
$6.50
$18,291
5 Gal Shrub
EA
3,070
$16.50
$50.655
15 Gal Shrub
EA
0
$65.00
$0
1 gal vine
EA
212
$12.00
$2,544
Soil Improvements
SF
109.474
$0.10
$10.947
Bark Mulch 3" deep
SF
107.639
$0.50
$53,820
Irrigation Rotors
SF
15,754
$1.00
$15,754
Irrigation - Dripline Shrub / GC Areas
SF
91,885
$2.00
$183.770
Irdgatiion - Dripline Turf Areas
SF
394
$2.00
$788
Irrigation - TurfAreas sra
SF
1,441
$1.50
$2,162
Total Landscape
$493,521
1-Year Landscape Maintenance
SF
109.474
$0.35
$38,316
SUBTOTAL
$780,969
15 percentcontingency
$117,145
GRAND TOTAL
$898,114
Does Not Include:
Grading and Drainage
Start Up / Mobilization / General Conditions
Lighting and Electrical
Street Improvements
Alleys
Curb and Gutter
Pavers and Banding in Alleys
Walls and Fences