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2021/06/11 Meritage Homes of California, Inc. TR 36485-9 Lots 61-104 GP20-050 Grading AgreementThis Agreement, made and entered into by and between the City of Menifee, State of California, hereinialled City, and Meritage Homes of California, lnc., hereinafter called Developer. AGREEMENT TR36485-9 LOTS 61'104 FOR GRADING, EROSION CONTROL, NPDES and DRAINAGE PROJECTS GP20-0s0 WITNESSETH FIRST Developer,for and in consideration of the approval of a grading plan and the issuance of a grading Perm it on that certain land division known asi-80:9-50-' 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 worlimanlike manner, said grading in accordance with the grading plans for the developm ent 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-adop ted 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 $ 22,0.00 which covers of Twentv Two Thousand Dol rougf' grading only, B precise (fine) grading only' trboth ro lars ugh 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 Worki Director / City Engineer. Landowner further agrees that if suit is broughi upon ihis agreement or any security guaranteeing the completion of the work, all costs and ieasonable expenses and fees incurred by the city in successfully enforcing such oLtigations shall be paid by Developer, including reasonable attorney's fees, and that upon entry of judjment, 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, losjor damage happening or occurring to the works specified in this agreement prior to ihe 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 "rpioyu". in the perfoimance of ihe work, and all of said liabilities are assumed by Developer' Developer agrees io protect, defend and hold harmless City and the officers and employees thereof from ali lossJliability or claim because of, or arising out of the acts or omissions of Developer, his agents ana employees, in the performance of this agreement, or arising out of the use of any patent oi patented article tn the performance of this agreement' FoURTH:TheDeveloperherebygrantstotheCity,andtoanyagentoremployeeofthecity' the irrevocable permission to enter, u[on the lands of the above referenced land division for the purposeofinspectingorcompletingthegradingproject..'Thispermissionsha|lterminateinthe event that Developei has complete-d the work witnin tne time specified or any extension thereof granted by the Public Works Director / City Engineer' FIFTH:Developeragreesatalltimes,uptothecompletionandapprovalofthe.workbythe puOtic Worfs Directori CityEngineer, 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 Direcior / 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 prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time as 6ave 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 specificationi, he shall be in default of this agreement. The Public Works Director / City Lngineer shall have the power to terminate all rights of the Developer because of such default. The dei-ermination 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 h"ue 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 executed a good and sufficient security as provided in subsections (1 ), (2) and (3) of subdivision (a) of Section 6O+gg ot tn" 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 fublic 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 oithe 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 fails to take such action as is necessary to comply with sail noiice, 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' N INTH: 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, exiensions 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 wiy 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, iniluding any extensions of time as may be granted thereon' TENTH: Upon the satisfactory completion and flnal approval of said work by the Public Works oir"ctoi I Citv Engineer,&Zg;Zqqilof the security applicable thereto shall be released or returned by the City io tn6 Oevelop6iiifin 30 days. Of the remaining $2.?90'00 securitv.(for Erosion C'ontrot anO WOMP) shall be retained. ThL 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 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 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 Permitfrom 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 Developer Meritage Homes of California, lnc. Southern California Division 5 Peters Canyon, Suite 3'10 lrvine, Ca 92606 IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. Dated: -n/4{-b ,2021a By: By: Dated cl It .202i CITY OF MENIFEE By: Yola a S. Macalalad, City EngineerActi SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE CITY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (ln accordance with Section 1 189 of the Cali{ornia Civil Code) A Notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or vatidity of that document. On May 6, 2021, before me, Tracev Curioso. Notary Public, personally appeared Aaron Talarico who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) 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. TRACEY CURIOSO Mtary tublic - calilunia olange CoritY Commi$*r t 2?667 [4y Comin Expies Ja. 6, m22 Tracey C oso, Notary Public, #2227667 (Commission Expires Jan 6, 2022) State of California County of Orange) ss. Signature eraqar*a (sear)