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2021/09/30 Pulte Home Company, LLC TR36658-4 GP17-073R GradingAGREEMENT FOR GRAOING AND EROSION CONTROL PROJECTS FOR TR36658-4 GPl7-0738 This Agreement, made and entered into by and between the City of Menifee, State ol California, herein called City, and Pulte Home Co. LLC, hereinaiter called Developer. WITNESSETH FIRST: Developer, for and in consideration of the approval ol a grading plan and the issuance of a grading permit on that certain land division known as TR36658-4. agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perlorm and complete, and within ?l months lrom the date this Agreement is executed, to perform and complete in a good and workmanlike manner, said grading in accordance with the grading plans for the development 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-adopted ordinances, which are expressly made a part ol this Agreement. At its sole discretion, City may extend the period of time lor completion oI the work by providing written notice to Developer oI said extension. To be effective such notice must be provided by the Public Works Director / City Engineer. Such notice may be provided as specif ied inSectionNineteenthorViaelectronicmailtoDeveloperat@ Developer contact. All of the above required work shall be done under the inspection ol and to the satislaction ol 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 of Four Million Nine Hundred Ninetv Nine and No/100 Dollars $ 4.999.000.00 which covers Brou gh grading only, E precise (Iine) grading only, tr both rough and precise (line) grading. SECOND: Developer agrees to pay to the City the actual cost ol such inspections of the work as may be required by the Public Works Director / City Engineer. Developer further agrees that if suit is brought upon this Agreement or any security guaranteeing the completion of the work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's lees, and that upon entry ol judgment, 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, loss, iniury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereol, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason ot the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers lrom any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out oJ or incident to any acts, omissions, negligence, or willlul misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance ol the work contemplated under this Agreement, or per{ormance ol this Agreement. This indemnification includes, without limitation, the payment of all penalties, lines, ludgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement ol City, its elected officials, DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89 otficers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of aclion, liability, loss, damage, penalty, frne, or injury, to property or persons, including wronglul death, which is caused by the negligence or willful misconduct oJ City as determined by a court or administration body of competent Jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers. 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 referenced land division for the purpose ol inspecting or completing the grading project. This permission shall terminate in the event that Developer has completed the work within the time specified or any extension thereof granted by the Public Works Director / City Engineer. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and iees (including attorneys'iees and litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completion Costs. Failure to remit the Completion Costs in a tamely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs. FIFTH: Developer agrees at all times, up to the completion and approval of the work by the Public Works Director / City Engineer, 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 in compliance with State law regulations and standards Ior traflic regulatory conlrol methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours. SIXTH: Developer, or his agents and employees shall give notice to the Public Works Director/ City Engineer at least 48 hours betore beginning any work and shall furnish to the Public Works Director / City Engineer all reasonable facilities Ior 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 ensure its completion within the specilied time, or within such extensions of time as have been granted by the Public Works Director / City Engineer, or if the Developer violates, neglects, refuses, or lails to perform satistactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement. The Public Works Director / City Engineer shall have the power to terminate all rights of the Developer because ol such delault, but said termination shall not alfect or lerminate any rights of City as against Developer or any surety then existing or which thereafter accrue because ol such de{ault. The determination ol the Public Works Director / City Engineer of the question as to whether any of the terms ot this Agreement or the plans and specifications have been violated or have not been performed satisfactorily shall be conclusive upon the Developer, any surety, and any and all parties who may have any interest in the Agreement or any portion thereol. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law or under this Agreement. The failure ol the Developer to commence or complete conslruction shall not re[eve the Developer or surety from completion of the work required by this Agreement. EIGHTH: The Developer agrees to file with City prior to the date this Agreement is executed a good and suflicient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89 66499 of the Government Code rn any amount not less than the estimated cost of the work lor 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 ol cash or its equivalent as determined acceptable by lhe Public Works Director / City Engineer. Developer lurther agrees that il in the opinion of the Public Works Director / City Engineer the security becomes insutficient, Developer agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, withrn ten days after being notilied by the Public Works Director / City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer lails to take such action as is necessary to comply with said nolice, he shall be in default ol this Agreement unless all required works completed within 90 days ol the date on which the Public Works Director / City Engineer notifies the Developer of the insutliciency of the sureties or the amount ol the bonds or both. NINTH: lt is f urther 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 ol lhe work contemplated to be done under this Agreement, extensions 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 way affect the validity of this Agreement or release the surety or sureties on said bonds. Developer lurther agrees to maintain the aforesaid bond or bonds or the issuance ol any instruments or letters of credit in lull Jorce and eflect during the terms of this Agreement, including any extensaons of time as may be granted thereon. TENTH: Upon the satisfactory completron and final approval of said work by the Public Works Director / City Engineer, !L54?l@of the security applicable thereto shall be released or returned by the City to the Developer within 30 days. Ol the remaining -8[uJq@Jqq security (for Erosion Control) shall be retained. The remainder security shall be held until the Calilornia Water Quality Control Board issues a Notice ol 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. This Section shall not be construed as an authorization for any party to assign any right or obligation. TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is determined by the Couns to be unlav'dul 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 ol any term or condition of this Agreement shall be continuing waiver thereol. 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 f rom the State o, California Begional 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 ot 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. DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89 SIXTEENTH: The City may elect to perlorm geotechnical quality assurance ol the gradang operation, which will be compensated as provided in the SECOND paragraph. 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. alty City ol lvlenifee 29844 Haun Road Menifee, CA 92586 Pulte Home Co. LLC 27401 Los Altos Suite 400 Mission Viejo, CA 92691 NINETEENTH: This Agreement contains the entire agreement ol the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. TWENTIETH: ln any action or proceedrng arising out ol this Agreemenl, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' lees, court costs, filing {ees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings. TWENTY-FIRST: Developer shall not assign, hypothecate, or transJer, either directly or by operation of law, this Agreement or any interest herein without pnor written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transreree shall acquire no righl or interest by reason ol such attempted assignment, hypothecate, or transfer. Unless specif ically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any assignee, hypothecate, or transleree shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, o[ transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. TWENTY-SECOND: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same eflecl as il all of the parties had executed the same instruments. TWENTY-THIRD: This Agreement rs to be governed by the laws of the State of California 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. Developer DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89 IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. Dated:5cr. B ,2021 By Dated:,2021 CITY OF IV1ENIFEE By Daniel Padilla, City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGEO BY NOTARY AND EXECUTED IN TRIPLICATE By ---.lli&-.EE i/-!r1L Acqullilioru & Devllopment DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89 9/30/2021 ACKNOWLEDGMENT 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. State of California County of on SEPTEMBER 73,2021 before me CRESIDA DIAZ, NOTARY PUBLIC (insert name and title of the officer) personally appeared DARREN WARREN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g islare subscribed to the within instrument and acknowledged to me that he/sh€lthey executed the same in his/h€#+h€i+ authorized capacity({€€,), and that by hishe#thei+ signature(€Fn the instrument the person(€), or the 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. CRTSlDA DIAl NolaIy Publlc _ Cali{ornia Or,rrrgf CounlY Commrsvon [ 22 ]2145 a-""42 tomnr. txPirce Feb 25, 2022 Signature (Seal) ORANGE ) WITNESS my hand and official seal. DocuSign Envelope ID: 3A5C771F-D2E4-41D1-97EB-A5F7169FCB89