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2021/05/12 Meritage Homes of California, Inc. PM 37668 GP 20-059 Grading, Erosion Control, NPDES and DrainageAGREEMENT PARCEL 37668 FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PRoJECTS GP20-059 This Agreement, made and entered into by and between the City of Menifee, State of California, herein called City, and Meritage Homes of California, lnc., 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 Gp2O-050 , 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, public worki Director / City Engineer, and are on file in the City, and do all work incidental thereto in accordance with the standards set forth in City-adopted ordinances, 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 Public Works Director / City Engineer and shall not be deemed complete until approval of the grading project is made by the Public works Director / city Engineer. The estimated cost of said work is the sum of Two Million Five Hundred Ninetv Nine Thousand Two Hundred Ninety Three Dollars and 30/100 Dollars $ 2,599.293.30 which covers Erough grading only, E precise (fine) grading only, tr 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 Public Works Director / City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security 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 ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in anyjudgment 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 agenls 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 Public Works Director / City Engineer. FIFTH: Developer agrees at all times, up to the completion and approval of the work by the Public Works Director / 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 public works Director / City Engineer at least 48 hours before beginning any work and shall furnish to the Public Works Director / City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: lf the Developer, or his agents or employees, neglects, refuses, or fails to prosecule 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 Public Works Director / 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 Public Works Director/ City Engineer shall have the power to terminate all rights of the Developer because of such default. The determination of the Public Works Director / 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 any portion 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 executeda 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 lhe 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 Public Works Director / City Engineer. Developer further agrees that if in the opinion of the Public Works Director / 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 Public Works Director / City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer farls 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 Public Works Director / City Engineer notifies the Developer of the insufficiency of the sureties 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 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, extensrons of time may be granted from time to time by the Public Works Director / City Engineer either at his own option or upon request of the 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. TENTH: Upon the satisfactory completion and final approval of said work by the Public Works Director / City Engineer, $ 2,399.550.00 of the securrty applicable thereto shall be released or returned by the City to the Developer within 30 days. Of the remaining $259.950.00 security (for Erosion Control and WQMP) 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. 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 unlaMul and void, the validity of the remainingportions 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 city-adopted ordinances. Any conflict or discrepancy between the drawings and the City-adopted ordinances shall be brought to the attention of the Public Works Director / City Engineer, who will issue a ruling. FOURTEENTH: The grading operation shall obtain a Construction General Permit from the State of California Regional Water Quality Control Board and conform to all requirements. This permit shall override any conflicting requirements in the City-adopted ordinances. FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation in accordance with City-adopted ordinances. The geotechnical quality control will be under the 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 Public Works Director / 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 addresses listed below. 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 of Menifee 29844 Haun Road Menifee, CA 92586 Dated: Developer Meritage Homes of California, lnc. 5 Peters Canyon Road, Suite 310 lrvine, CA 92606 IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. Dated:sl ?,2021 By z.{, **l L..-r D By: By: t^,|'a- s 2021 CITY OF MENIFEE Yola a S. Macalalad, City EngineerActi SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE Gtc^ CITY t- <^ ALL.PURPOSE ACKNOWLEDGEM ENT A notary public or other officer completing this certificate verifies only the identlty of the individual who signed the document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that document, ARIZONASTATE OF COUNTY OF )ss )MARICOPA On May 7,2021 before me, Ieanne A. Malys , Notary Public, personally appeared Glen Tulk, Senior Vice President - National Land Development of Meritage I]qry! !{Cq!!lo rnia, Inc. on the basis of satisfactory evldence to be the person(s) whose name(s) is/are subscribed to owledged to me that he/she/they executed the same in his/hertheir authorized capacty(ies), a the within nd that by his/hertheir signature(s) on the lnstrument the person(s), or the entity upon behalf of which the person(s) acted, executed th€ ln*rument. I certiry under PENALTY OF PER-IURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and omcial seal. who proved to me instrument and ackn Signature o JEANNE A. MALYS NOTAAY PUBLIC . ARIZONA MARICOPA COUNTY crMMtsstoN / 590tr4 MY COMi,ISSION D(PIFESocToaEB 17. 2024 This area for offlcial notarial seal. OPTIONAL SECTION . NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the tlotary to fill in the data below, doing so may prove invaluable to persons relying on the documents, INDIVIDUAT CORPORATE OFFICER(S)rrLE(s) UMITED fl cerueeelPARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION . OT PART OF NOTARY ACKNOWLEDGEMENT TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE R2prodGcd by rrr Amat fl Irth c.mpsnY l1n07 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMEIIT DESCRIBED BELOW ALt-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identlty of the individual who signed the document to which this certiflcate is attached, and not the truthfulness, accuracy, or validity of that document. srATE OF ARIZONA COUNTY OF MARICOPA On May 7,2021 before me, Ieannc A. Ntalvs , Notary Public, personally appeared Jason Cartney, Analyst V, Meritage Homes of California, Inc who proved to me orl the basis of sausfactory evldence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/herthetr authorized capacity(ies), and that byhis/hertheir signature(s) on the lnstrument the person(s), or the entity upon behatf of which the personjsl aciea, executed ux;instrumert. I certiry under PENALTY OF PERJURY under the laws of the State of Arizona that the foregotng paragraph is true and correct. WTTNESS my hand and omcial seal J NE A. MALYS Signature NOTABY PUBUC , ABIrcNA MABICOPA COUNTY coMMsstoN ,5stt4 MYCOMMISSION qPIRES ocToBEF 17 2024 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMETTT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL coRPoRATE OFRCER(s) nTLE(S) PARTNER(S) ATTORNEY-IN.FACT TRUSTEE(S) E uurreo E ceNenqr GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING; l{ame of Person or Entity Name of Person or Entity OPTIONAL SECTION - I{OT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUN4ENT R.r.ldued t F!:i ^'r'.'b,r@-l iE, )ss )