2021/07/21 Lennar Homes of California, Inc. Agreement Tract Map 31098 for the Construction of Landscape Improvements IP19-030LOocuSigD Envelope lD: 0897D1D5-8369-413F-92E8-7AFSC4CB9OAA
FIRST Developer, for and in consideration of the a pproval by City of the final map of that certain landdivision known as Tract Map 31098/ lP19{30L,hereby agrees, at Developer's own cost and expense, tofurnish all labor, eq uipment and materials necessa ry to perform and mmplete, within 24 months from the datethis agreement is executed,in a good and workmanlike manner, all road and drai nage improvements inaccordance with those Road Plans for said land division which have been a pproved by the City Engineer, andare on file in the office of the Menifee Engineeri ng Depa rtment, and do all work incidental thereto inaccordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor,which are hereby expressly made a part of this agreement. All the above required work shall be done under theinspection of and to the satisfaction of the Clty Engineer, and shall not be deemed complete until approved andaccepted as complete by the City. Developer further agrees to maintain the above required improvements for aperiod of one year following acceptance by the C ity,and during this one year period to repair or replace, to thesatisfaction of the City Engineer, any defective work or labor done or defective materials fumished. Devel operfurther agrees that all underground improvements shall be completed prior to the paving of any roadway. Theof Four Hundred Sixtv Seven Thousand Fiveestimated cost of said work and improvements is the sum
Hund red and no/10 , Dollars,$ 467..000
. SECOND: Developer agrees to pay to City the actual cost of such inspections of the work andimprovements as may be required by the City Engineer. Developer further agrees ihat, if suit is brought uponthis agreement or any bond guaranteeing the completion of the road and draiiage improvements, all costs andreasonable expenses and fees lncurred by City in successfully enforcing suc'h obligations shall be paid byDeveloper, including reasonable aftorney's fees, and that, upon entry of ]udgment, ill such costs, expensesand fees shall be taxed as costs and included in anyjudgment rendered.
THIRD: City shall not, nor shall any ofiicer or employee of City, be liable or responsible for any accident,loss or damage happening or occurring to the works speiified in this agreement prior to the completion anJacceptance thereof, nor shall City.or any.officer or employee thereof, be liable for any persons or property
injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents oremployees, in the performance of the work, and all or said liabilities are assumed by Developer. Deiveloperagrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liabilityor claim because of, or arising out of the acts or omissions of Developer, iG agents and employees, in theperformance of this agreement or arising out of the use of any patent or patentedarticle in the pe*ormance ofthis agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocablepermission to enter upon the lands of the subject land division for the purpose oi completing t'he improvements.This permission shall terminate in the event that Developer has completed work within t[e time specified orany extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and warning to the t€veling public of each andevery hazardous or dangerous condition caused or created by the construction of the wor[s of improvement atall times up to the completion and formal acceptance of the works of improvement. The Developei shall protectall persons from such hazardous or dangerous conditions by use of traffic regulatory control methods,including, but not limited to, stop signs, regulatory signs or signali, barriers, or detou[.
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-030L
This agreement, made and entered into by and between the City of Menifee, State of Califomia,hereinafter called city, and Lennar Homes of Galifornia. lnc. , hereinaftei called Developer.
WITNESSETH:
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
Docusigft Envelop€ lD: 0897D'1 D5-8369-41 3F-92E8-7AF9C4CB9OAA
SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at least 48 hours
before beginning any work and shall furnish said City of Menifee Engineering all -reasonable facilities for
obtaining full information with respect to the progress and manner of work.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any ofthe provisions of the plans and specifications, Developer shall be in default of this agreement and notici ofsuch default shall be serued upon Developer. City shall have the power, on recommendation of the City
Engineer, to terminate all rights of Developer because of such default. The determination by the City Engineer
of the question as to whether any of the terms of the agreement or specifications have been violated, o;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 other rights and remedies available to City under law. The failure of the Developer to commence
construction shall not relieve the Developer or surety from completion of the improvements required by this
agreement.
EIGHTH: Developer agrees to file with City, prior to the date this agreement is executed, a good and
sufficient improvement security in an amount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for
payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 46b as
amended to secure the claims to which reference is made in'l'itle 15 (commencing with SeCtion 3082) of part 4
of Division 3 of the Civil Code of the State of Califomia. Developer agrees to renew each and every said bond
or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten 1tO; Uays
after being.notified by the City Engineer that the sureties or amounts are insufficient" Notwithstanding iny otn'erprovisions herein, if Developer fails to take such action as is necessary to comply with said notice,-Developer
shall be in default of this agreement unless all required improvements are compieted within ninety (90) days of
the date on which the City Engineer notified Developer of the insufficiency of the security 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 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, either at lts own option, or upon request of Developer, and such exteniionJshall in no way affect the
validity of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintain
the aforesaid bond or bonds in full force and effect during the terms of this agreemenit, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
agreement is by the courts 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 is if the agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: 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:
TWELFTH: This agreement contains the entire agreement of the parties as to the matters set forlh
herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof.
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
DocuSign Envelopo lD: 0E97DlD5-8369413F-S2E8-7AF9C4CB9OAA
gily
City of Menifee
29844 Haun Road
Menifee, CA 92586
Developer
Lennar Homes of California, lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated:
Dated:
CITY OF MENIFEE
W^2020
2020
Its Manger:
By:
By:
CITY OF MENIFEE
Jonathan G. Smi u blic Works Director/
City Engineer
By ,t
Bill Zimmerman, Mayor
ATTEST
By
APPROVED AS TO FORM:
By:
Clerk Jeffery T. Melching, CityAttorney
NATURES OF DEVELOPER MUST BEACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
SI
Sarah Manwaring,
By:
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
lN WITNESS WHEREOF, Developer has affixed his name, address and seal
Dated: _,2021 By: Developer
Dated:,2021 CITY OF MENIFEE
By:
Daniel Padilla, City Engineer
CITY OF MENIFEE
By
Armando G. Villa, City Manager
ATTEST:
By
APPROVED AS TO FORM:
By:
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
July 21
n ota bt otherryputcot'officer @ m P eti ng t h tscertificateVErifionlytheIdentityoftheindivid ualwhosigneddocumenttowhichthiscertificateI sattachedandnotthetruthfunessaccuracyorvalidofthatdocument.
ACKNOWLEDGMENT
State of
County of
On before me,
nsert name eof officer)
personally appeared
who proved to me on the basis of sati sfactory evidence to be the person(S)whose n amelB) is/alesubscribed to the within instrument and acknowled ged to me that heidhe/they executed the same inh is/hcrlthbir authorized ca pacityou,s), and that by his/her/thbir s ignaturets) on the instrument thepersorf{s), or the entity upon behalf of wh,ch the person(S,)ac,ted, executed the instrument
ff#rry#ilHj5:*gg:.*ruRY underthe taws orthe srate or cariromia that the roresoins
WITNESS my hand and official seal.
BETH 8R ULEY
Notrry p{rblic .Calilornl.
Rlv?r!ld?CoLrn lyComrDhrlonI 2247751
Comm. Erp ltet Jut 21 , 2022Signature(Seal)
the
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193