2021/07/21 Lennar Homes of California, Inc. Agreement Tract Map 31098 for the Construction of Landscape Improvements IP19-049LOocusign Envelope lD: 0897D1 D$8369-41 3F-92E8-7AF9C4CB9OAA
AGREEMENT
Tract Map 3,1098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-049L
inspection of and to the satisfaction of the City Engineer, and shall not be deemed com plete until approved and
accepted as complete by the City. Developer further agrees to maintai n lhe above required improvements for aperiod of one year following acceptance by the City, and durin g this one year period to repair or replace, to the
satisfactron of the City Engineer, any defective wo
further agrees that all underground improvements
estimated cost of said work and improvements
Hundred and no/100, Dollars, $ 303.500.00 .
rk or labor done or defective materials fumished. Developer
shall be completed prior to the paving of any roadway. The
This agreement, made and entered into by and between the City of Menifee, State of Califomia,
hereinafter called city, and Lennar Homes of california. lnc. , hereinaftei called Developer
WlTNESSETH:
FIRST: Developer, for and in crnsideration of the approval by City of the final map of that certain landdivision known as Tract Map 3't098/ lPlg{149L, hereby agrees, at Develope/s own 66st and expenss, tofurnish all labor, equipment and materials necessary to perform and complete, within 24 months from the datethis agreement is executed, in a good and workmanlike manner, all road and orainage improvements in
accordance with those Road Plans for said land division which have been approved by th; City Engineer, andare on file in the office of the Menifee Engineering Department, and do all wo* incidental thereto in
accordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor,
which are hereby expressly made a part of lhis agreement. All the above required work shall be done under the
is the sum of Th ree Hundred Th ree Thou sand Five
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer further agrees that, if suit is brought upon
this agreement or any bond guaranteeing the mmpletion of the road and drainage improvements, all costs and
reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by
Developer, including reasonable attorney's fees, and that, upon entry of judgment, itt such costs, expensei
and fees shall be taxed as costs and included in any.iudgment 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 occuning to the works specified in this agreement prior to the completion and
acceptance 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 oi
employees, in the performance of the work, and all or 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 omissions of Developer, its agents and employees, in the
performance of this agreement or arising out of the use of any patent or patented article in the periormance of
this agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the inevocable
permission to enter upon the lands of the subject land division for the purpose of completing the improvements.
This permission shall terminate in the event that Developer has completed work within the time specified or
any extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and waming to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall proteci
all persons from such hazardous or dangerous condilions by use of kafiic regulatory conkol methods,
including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
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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 ieasonable 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 specificaiions, Developer shall be in defauh of this agreement and notice ofsuch default shall be served upon Developer. City shall have the power, on remrimendation of the CityEngineer, 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, oihave
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 provisioni 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 impr6vements
for the faithful performance of the terms and conditions of this agreement, and good and sufficient security forpayment 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 Se;tion 3082) of part 4
of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every iaid bond
or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten 1tO; Oays
after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any othLrprovjsions herein, if Developer fails to Eke such action as is necessary to comply with said noticelDeveloper
shall be in default of this agreement unless all required improvements are mmpieied 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 exend 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 its 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 agreemerit, 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 notic€s 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 forth
herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof.
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SrU
City of Menifee
29844 Haun Road
Menifee, CA 92586
Develooer
Lennar Homes of Califomia, lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has aflixed his name, address and seal
\6dADated:
Dated:
CITY OF MENIFEE
2020
2020
Its Manger
By:
By
CITY OF MENIFEE
Jonathan G. Smith,ic Works Director/
City Engineer
APPROVEDAS TO FORM:
By:
5By
Bill Zimmerman, Mayor
ATTEST:
By By:
Sarah Manwarin Clerk Jeffery T. Melching, City Attorney
IGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
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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
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July 21
A n ota ry p u bt ic or other orficer m m P eti ng rh IS
certificate verifi on ly the d e ntity of the
wh o sig n ed the document to wh ich th IS certificate Sattachedandnotthetruthfunessaccuracyorvalidofthatdocument.
ACKNOWLEDGMENT
State of
County of
On before me,
l,::#y#flj5:*I":t "t*JuRY
under the raws or the state or carirornia thar the roresoins
6fiH BNUIEY
Not.ry Publl( - C. fornt.
ntvuri(,! County
Commliiton r 224i75l
tly Comm. trpire!.rul 14. 2022Signatu(Seal)
individual
(insert name title of
personally appeared
in
WITNESS my hand and officiat seal.,ffiw
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