2020/06/02 Lennar Homes of California, Inc. Grading Improvements TM28791-28793 GP19-015RAGREEMENT
TM28791 - 28793
FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS
GPr9-015R
This Agreement, made and entered into by and between the City of Menifee, State of
California, herein called City, and Lennar 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 GP,l9-015R , agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within ![ 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 Works
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 sard work is the sum of Four Hundred ntv Nine Thousand
and no/100 , Dollars $ 429.000.00 which covers Erough grading only, tr 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 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 omrssions
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.
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
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.
SEVENTH: If the Developer, or his agents or employees, neglects, refuses, or fails toprosecute 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 / Crty 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 towhether 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 allparties 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 avarlable to the City undei
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
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 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 provrsion 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 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, extensions 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 credrt 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, $ 386.100.00 of the security applicable thereto shall be released
or returned by the City to the Developer within 30 days. Of the remaining $ 42.900.00 security
public of each and every dangerous condition caused by the grading project, and to protect thetraveling 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 theprogress and manner of work.
(for Grading/Drainage and Erosion Control) shall be retained. The remainder security shall beheld until the california water Quality control Board issues a Notice of rermination.
ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors,
administrators, successors or assigns, all and each both join y 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 unlawful 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-adoptedordinances. 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 permrtted 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
City of Menifee
29844 Haun Road
Menifee, CA 92586
Developer
Lennar Homes of California, lnc
980 Montecito Dr., #206
Corona, CA 92879
IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL
,dDated32020
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Dated.
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2020 CITY OF MENIFEE
A9p".J A, \, Fa..-'-By
C".-Yolanda Macalalad,
Acting City Engineer
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By:
By:
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
California All-Purpose
Certificate of Acknowledgment
clvlL cooE 1189
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.
State of fnra )
)County of
On before me.
personally appeared
who proved to me on the basis of satisfactory evidence to be the personls\ whose name$) is/alo
subscribed to the within instrument and acknowledged to me that hehtrethey executed the same in
his/her/thtir authorized capacity(krs), and that by his/her/their signaturefs) on the instrument the
person\s), or the entity upon behalfofwhich the person$.) acted, executed the instrument.
I certif under PENALTY OF PERJURY under the laws of the
State of Califomia that the foregoing paragraph is true and correct.
WITNESS rny hand and official seal BETH BRUI.EY
Not.ry Public - C.lifqrnl.
Rlvarrlde County
Commlerlon , 2247751
)ry Comm, Erpir.r Jul 2,1, 2022
Signature
(Seal)
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