2016/03/16 Pardee Homes Tract 32277-2 Construction and Recycled Water System ImprovementsAGREEMENT
TRACT 32277-2
FOR THE CONSTRUCTION OF RECYCLED WATER SYSTEM IMPROVEMENTS
This Agreement for Constructiinto by and between the City
r.\o-c- l\o pre-S
on of Water System lmprovements ("Agreement") is made and enteredof Menifee, State of California, hereinafter called City, and
,hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division knownas Trcc|32277-2, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and
materials necessary to perform and complete,within Seven Hundred and Thirtv Davs from the date this
Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all
necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation
of said distribution system, and, further, to extend main or mains from the existing supply system maintained
and operated by Eastern Municipal Water District, to connect with the distribution system described above
with all pipe laid at such a depth as to provide a fully{hirty six inch (36") minimum cover from the top of the
pipe to street grade, unless otherwrse specified by the City Engineer, office of the City of Menifee Engineering
Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County
Ordinance No. 460 and City Standards and Specifications, as amended, or its successot 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 in
writing as complete by the City Engineer. Developer further agrees to maintain the above required
improvements for a period of one year following acceptance by the City, and durrng 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 covered by this Agreement
shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements istheSumof,Dollars,$8.500.00,(..EStimatedCost,,).Priorto
commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and
licenses and give all necessary and incidental notices required for the lawful construction of the work and
performance of Developer's obligations under this Agreement. Developer shall conduct the work in full
compliance with the regulations, rules, and other requirements contained in any permit or license issued to
Developer.
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 shall, at its sole cost, expense. and liability,
pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement,
including, but not limited to fees for checking, filing, and processing of improvement plans and specifications
and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final
map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or
will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or
relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that,
if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage
rmprovements, 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 .iudgment,
all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer,
not the City, shall be legally responsible for making any payment and/or taking any action required by any such
judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion
and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents,and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss,
administrative action of any federal, state, or local government body or agency, arising out of or incident to anyacts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work contemplated under
this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses,
and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand,
cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or administration body
of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected offrcials,
officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter without any additional consent 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. Under such circumstances,
Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees
and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work
contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty
(30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the
Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by
law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid
Completion Cost.
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 of the 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 in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or
signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty
eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee
reasonable access to facilities for obtaining full information with respect to the progress and manner of work
and shall fully cooperate with any investigation regarding the same.
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 wilhin such extensions of time which
have been granted by City, 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 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 as a result of such default. The determination by the City
Engineer of the question as to whether any of the terms of the Agreement or 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 any portion thereof. The foregoing provisions of this section shall be
in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the
Developer to commence or complete 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 that this Agreement is executed, both a
good and sufficient improvement security in an amount not less than the Estimated Costs 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 RiversideCounty Ordinance 460 as amended to secure the claims to which reference is made in Tifle 15 (commencing
with Section 3082) of Parl 4 of Divasion 3 of the Civil Code of the State of California. Developer agrees t6renew each and every said bond or bonds with good and sufficient sureties or increase the amouni of saidbonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts areinsufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessaryto comply with said notice, Developer shall be in default of this Agreement unless all required improvementiare completed within ninety (90) days of the date on which the City Engineer notified Developer of the
insufficiency 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 in writing, 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 unlaMul 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: 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 a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated
hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable
attorneys'and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the
prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a
written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law
this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null
and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or
responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any
assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all
approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file
with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements. Developer and its contractors, if any, shall perform all work required to construct all
work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the
standards general recognized as being employed by professionals in the same discipline in the State of
California. Developer represents and maintains that it or its contractors shall be skilled in the professional
calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit anolher form of financial security, satisfactory
to City and approved by the City Attorney, to guarantee conslruction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the
proposed lots to inform successors and assigns of the required work covered by this Agreement to be
constructed and their time frame for construction. Following any permitted assignment, hypothecation, or
transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from
its obligations so assigned and shall release to Developer any bonds or other security posted to secure the
work covered by this Agreement so assigned; provided, however, that City shall not release any security or
undertakings given to secure the performance of any of the work covered by this Agreement not assigned,
hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had executed the same
instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: 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:
Developer
P"Ara- F{on,''a-5
\,2-S-O Lo{ona. Foi n{€ (oc,.r1e-, S"ile (ao
L.ocona., Ck qZBlq
TWENTIETH: City's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this
Agreement, shall not relieve Developer of any of its obligations under thisAgreement, whether of the
same or similar type. The foregoing shall be true whether City's actions are intentional or
unintentional.
TWENry-FIRST: Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
City of Menifee
29714 Haun Road
Menifee, CA 92586
au
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated: January 30,2017 By:
oatea: /ildrc/ /to
CITY OF MENIFEE
By
Neil R.inter, Mayor
ATTEST:
,2016
Jeff , VP Community Development
CITY OF MENIFEE
By:
athan G. Smith, Public Works Director /
ity Engineer
APPROVED AS TO FORM:
B
rah Manwa flng,City Clerk Melching,ttorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
callFonNlA ALL-PUBPOSE ACKI|OWLEDGiiENT CtVtL CODE S 1189
State of California
County of Riverside
On January 30,2017 before me,Ana E. Chavez Perez, Notary Public
Date
personally appeared
Here lnseft Name and Title of the Officer
Jeff Chambers
Name(s) ot Signels)
who proved to me on the basis of satisfactory evidence to be the personF) whose name(fl) is/ffg
subscribed to the within instrument and acknowledged to me that helshsthry executed the same in
hislbodlirei authorized capacity(iqr), and that by his,rh(rnffgx signaturek) on the instrument the person(t),
or the entity upon behalf of which the personF) acted, executed tha instrument.
I certify under PENALTY OF PERJURY under the laws
of the State ol California that the foregoing paragraph
is true and correct.
""ffi.tm:si,{ffF"
fTIVEFSIOE COUNTYMy Comm. Exp. Aprit t9. 2o.ro
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
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