2019/01/21 Lennar Homes of California, Inc. Landscape and Irrigation ImprovementsAGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON -SITE LANDSCAPE IMPROVEMENTS ("Agreement") is
made and entered into as of the,1Z 15'( day of -'.A 201e;fby and between the CITY OF
MENIFEE, a California municipal corporation, ("City") fifid Lennar Homes of California Inc., a
California Corporation ("Landowner").
WITNESSETH
3 Landowner, for and in consideration of the approval of a minor plot plan for
landscape and irrigation materials and installation ("Work") on that certain development plan
known as "HOA-Maintained Paseo within Heritage Lake", landscaping and irrigation plans
(working drawings), (Plot Plan No. 2018-245), which is located within Planning Area 22C (PA
22C) of the Menifee Valley Ranch Specific Plan (Specific Plan No. 301) westerly of "Hampton"
at Heritage Lakes located north of McCall Boulevard, south of Matthews Road, west of Briggs
Road, and east of Menifee Road, Assessor's Parcel Number 333-180-025, 333-170-027, 333-170-
031, 333-170-032, 333-170-062, (the "Property"), agrees, at Landowner's own cost and expense,
to furnish all labor, equipment, and material necessary to perform and complete the Work and, as
it relates to the landscape and irrigation improvements, Landowner 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 L to this
Agreement. All of the 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 Work and of the final planting shall be in writing. The estimated
cost of the Work is FIVE HUNDRED NINETY FOUR THOUSAND AND SIX HUNDRED
00/100 DOLLARS ($594,600.00).
2 Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such
obligations shall be paid by Landowner 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), Landowner 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 Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [collectively, the "Landowner 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 Landowner, any of the Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner 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 Landowner 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 Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the 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 Work.
5. Landowner agrees at all times, up to the completion and written approval of the
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 Work, and to protect the
traveling public from such defective or dangerous conditions.
6 Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner 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 Work,
7 Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the 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
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner 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 City's request. Landowner and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
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8. If Landowner, or 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 within such
extensions of time as have been, or may be, granted by City's Community Development Director,
or if Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such default may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. 2018-245) of Landowner 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 Landowner, 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 Landowner shall not be deemed to
constitute a consent or waiver of City's rights with respect to any subsequent act or omission by
Landowner. 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, Landowner 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 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. Landowner 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, Landowner
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 Landowner fails to take such action as is necessary to comply with said notice,
Landowner 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
Landowner 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 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 Landowner, 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 term of this Agreement,
including any extensions of time as may be granted thereon.
11 Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
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12 This Agreement shall be binding upon Landowner 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 Landowner 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.
J9— 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:
To City: City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
Lennar Homes of California Inc.
To Landowner: 980 Montecito Drive, Suite 302
Corona, CA 92879
[signatures on following page]
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IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Lennar Homes of California Inc., a California Company
("Landowner")
Dated: 12 1$ 20By
(Signature for President or other Category 1 Officer)
Gw" Syk? 1+k
(Print Name)
Vic--e �Y�SIdP�nt
(Title)
Dated: By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
Dated: 1 [ -I By
Chery Kit
Community Developmemiector
Approved as to Form:
effrey T. Mel hin
City Attorney
2671/031959-0001
8621088.2 a11/26/18 'S'
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 )
)
COUNTYOFkna ) ss.
le
On p l , before me, JOd It �4 Notary Public,
l "Ci k ne �n 'tle of the officer)
personally appeared 1
who proved to me on the basis of satisfactory eviderice to be the person) whose namesislaW
subscribed to the within instrument, and acknowledged to me that hels�h y executed the same in
his/l kth96 authorized capacity), and that by hislh lthpir signatureKon the instrument the
person Or the entity upon behalf of which the person' 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
[SEAL]
JODIE ATHA
NotaryPublic-Californla
Riverside County
Commission # 2230896
My Comm. Expires Feb 11, 2022
JODIE ATHA
Notary Public -Califomia z
Riverside County a
Commission # 2230896
My Comm. Expires Feb 11, 2022
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CERTIFICATE OF ASSISTANT SECRETARY
OF
LENNAR HOMES OF CALIFORNIA, INC.
AUGUST 1, 2017
The undersigned, Sandra Leyva, as the duly elected, qualified and acting Assistant
Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the
"Corporation"), hereby certifies that:
1. Attached hereto as Exhibits A and B are true, correct and complete copies of the
Certificate of Incorporation and the Bylaws of the Corporation, respectively, and
there have been no amendments or modifications thereto as of the date hereof.
2. Attached hereto as Exhibit C are true, correct and complete copies of certain
resolutions duly and unanimously adopted by the Board of Directors of the
Corporation by Written Consent, dated June 28, 2006. Such resolutions have not
been amended or repealed and remain in full force and effect.
MARK TORRES is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 5, 2007. He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
4. JEFF CLEMENS is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on June 26, 2006. He is incumbent in
such office as of the date hereof and is authorized to sign documents on behalf of the
Corporation.
5. GEOFFREY SMITH is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 7, 2015. He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant
Secretary on behalf of the Corporation effective as of the date first written above.
andra Leyva, Ass tant Secretary
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed before me this lst day of August 2017, by Sandra Leyva,
Assistant Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of
the Corporation. She is personally known to me and did not take an oath.
r y
CHARLES GAMBLE
MY COMMISSION # GG 037920
*' ti _
Air
EXPIRES: Nowmber7, 2020
Bonded Thru Nal" Pubnc Underwrllne
MIAMI 2109524.3 7239326094 2
NOTARY PUBLIC
Letter of Transmittal
C%fy 9M
Date: October 31, 2018
MENIFEE SN Regarding: Heritage Lake Paseo TR34406-3 / Revised Cost Estimate — PC #1
City File No.: PP 2018-245
To: Christina Bustamante, Assistant Planner From: Gary F. Hoyt, ASLA
Community Development Department Gary F. Hoyt Landscape Architecture, Inc.
Planning Division
City of Menifee
29714 Haun Road
Menifee, CA 92586
'We are sending you:
® Attached ❑ Under Separate Cover via the following items:
❑ Prints
[� Originals ❑
Sheets Copies Descriptions _
1 1 Landscape cost estimate (not redlined), dated 10/30/18
These are transmitted as checked below:
❑ Revise and Resubmit ❑ For your use ❑ For review and comment ❑ As requested
Remarks: Cost estimate review complete - I have no issues with the proposed
estimate for landscape improvements.
Copy to: file Signed; C—�� � ��
Gary . Hoyt
EXHIBIT N��,,e
CASE ?t„ 2
= T DATE , l
Associates
Client: LENNAR HOMES
Project: Heritage Lake
Phase: Paseo Tract 34406-3
Date: October 30, 2018
UNIT SUB
ITEM QTY UNIT PRICE TOTAL TOTAL
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. CONSTRUCTION ITEMS
6" Wide Concrete Mow Curb
48
If
16.00
800
6" Wide Concrete Mow Curb at School Edge Fence
1,080
I.f.
16.00
17,300
Concrete Walk/Pavement (6" thick)
19,180
s.f
12.00
230,200
Removable Bollard
6
ea.
800.00
4,800
Park Bench
6
ea.
1,500.00
9,000
Waste Container
6
ea.
1,250.00
7,500
Dog Waste Station
7
ea.
350.00
2,500
SUBTOTAL
272,100
B. LANDSCAPE ITEMS
Fine Grading/Soil Prep
50,021
s.f.
0.50
25,000
Shrubs (1 gallon)
4,130
ea.
10.00
41,300
Shrubs (5 gallon)
483
ea.
25.00
12,100
Trees (24" box)
80
ea.
375.00
30,000
4" Thick Mulch
50,021
s.f.
0.40
20,000
Irrigation (drip)
50,021
s.f.
3.00
150,100
Irrigation Controller
Allow
15,000
Irrigation Booster Pump
Allow
17,000
Electrical to Connect Irrigation Equipment
Allow
4,000
Landscape Maintenance - 1 year
Allow
8,000
SUBTOTAL
322,500
TOTAL ALL (A - B)
594,600
JAP07\07-047 HL 13114 Paseos\Ndmin 07-047\Cost Estimates\Heritage Lake Paseo Tract 34406-3 Cost Estimate 2018-10-30.xis SG