2021/06/02 Lennar Homes of California, Inc. Grading Improvements TM28786 and 28794 GP19-049RThis Agreement, made and entered into by and between the city of Menifee, state ofcalifornia, herein called city, and Lennar Homes of california, lnc., hereinifter catteJoevetoper.
AGREEMENT
TM28786 &28794FOR GRADING, EROSTON CONTROL, NpDES and ORATNAGE PROJECTS
GP19-049R
WITNESSETH
SECOND: Developer agree-s to pay to the City the actual cost of such inspections of the workas may be required by the Public Works Director / City Engineer. Landowner further agiees thatif suit is brought upon this agreement or any security guaralnteeing the completion of tnE work, allcosts and reasonable expenses.and fees incurred by the Cityin successfully enforcing sucnobligations shall.be paid by Developer, including reasonable attorney,s fees, "ni tn"t ufon entryofjudgment, such costs, expenses, and fees shJll be taxed as costs jnd included in any judgmentrendered.
THIRD: city sharr not nor shall any officer or employee of city, be riabre or responsible forany accident, loss or damage happening or occurring to the worki specified in this agreementprior to the completion and approval hereof, nor shall city or any officer or employee tiereof beliable for any persons or property injured by reason of the acts or omissions of beveloper, hisagents or employees in the performance of the work, and all of said liabilities are assumed byDeveloper. Developer agrees to protect, defend and hold harmless city and the officers andemployees thereof from all loss, liability or claim because of, or arising out of the aas or omissionsof Developer, his agents and employees, in the performance of this-agreement, or arising out ofthe 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 iefirenced land iivision for thepurpose of inspecting or completing the grading project. This permission shall terminate in theevent that Developer has completed the work within the time specified or any extension thereofgranted by the Public Works Director / City Engineer.
FIFTH: Developer agrees at all times, up to the completion and approval of the work bythe Public works Director / city Engineer, to give good and adequate warning to the traveling
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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.
SEVENTH: lf 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, orwithin such extensions of time as have been granted by the Public Works Directoi / 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 Pubiic Works Director/ City Engineer shall have the power to terminate all rights of the Developer because of suchdefault. 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 orhave not been performed satisfactorily shall be conclusive upon the Developer, and any and allparties who may have any rnterest in the agreement or any portion thereof. The foregoingprovisions 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) ofSection 66499 of the Government Code in any amount not less than the esttmated cost of the
work for the faithful performance of the terms and conditions of this agreement, except that when
the estimated cost of sard work is $2,500 or less, the security shall be a deposit oi cash or its
equivalent as determined acceptable by the Public works Director / city Engineer. Developerfurther agrees that if in the opinion of the Public Works Drrector / City Engineer the security
becomes insufficient, Landowner agrees to renew each and every security with good and
sufficient sureties or lncrease the amount of the security, within ten days after being notified by
the Publc Works Director / City Engineer 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, 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, enensions of trme 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, $ 651.600.00 of the security applicable thereto shall be released
or returned by the City to the Developer within 30 days. Of the remaining $ 72.400.00 security
(for Grading/Drainage and Erosion Control) shall be retatned. The remainder securily shall beheld 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 joinfly 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 provtsion 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 contalns 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
Dated: NoUenhel*ozo
-v
By:
By
tuloa
Dated:
t6)
Sa A. Man
Clty lcrk
TVIAJJ
O,Z 2o2l CITY OF MENIFEE
Apr
J o9 ta f-ar''r
A-^*QrLBy
8"/Yolanda Macalalad,
Acting City Engineer;q ft\..,r
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
s
California All-Purpose
Certifi cate of Acknowledgment
ctvtt coDE 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.
On e,
personally appeared
who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/)E
subscribed to the within instrument and acknowledged to me that heislc/lhey executed the same in
his/hVtfilir authorized capacity(1os), and that by his/her/tlnir signature(r) on the instrumenr the
personfg, or the entity upon behalfofwhich the personft{acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the
State of Califomia that the foregoing paragraph is true and correct
BETH ERUTEY
Notary Publlc . C.llfornj.
Riverrld! Coumy
Commlriton , 22,a7'7i I
I'ty Comm. trplrc! Jul 2,{, Z0Z2Signature
(Seal)
State of Ceii{qmia I )
county of E:iLINidc_ I
WITNESS my hand and offrcial seal.
befirre
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