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2021/10/05 D.R. Horton Los Angeles Holding Company, Inc. TR 37400 IP20-016 Recycle Water System ImprovementsAGREEMENT FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS TRACT 37400 / tP20_016 Thrs Agreement for Construct ion of Recycle Water System lmprovements ("Agreement,,) js made andentered into by and between the City of Menifee, State of California. hereinafter called City, andD.R. Horton Los Anoe Holdino Com nv. lnc., hereinafter called Developer WITNESSETH: FIRST: Developer, as part of the City's consrderation of the final map for that certain land divisionknown as Tract 37400, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipmentand materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the daie thisAgreementiSexecuted,inagoodandworkmanlikema@completewithall necessary pipes, valves, fire hydrants, connectrons and appurtenances necessary to the satisfactory operationof said distribution system, and, further, to extend main or mains from the existing supply system maintainedand operated by Eastern Municipal Water District, to connect with the distribution system described abovewith all pipe laid at such a depth as to provide a fully{hirty six inch (36") minimum cover from the top of thepipe to street grade, unless otherwise specified by the City Engineer, office of the City of Menifee EngineeringDepartment, and do all work incidental thereto in accordance with the standards set iorth in Riverside Count!Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are herebyexpressly made a part of this Agreement. At its sole discretion, City may extend the period of time forcompletion of the work by providing written notice to Developer of said extension. To be effective such noticemust be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or viaeleclronic mail to Developer at dipernicone@drhorton.com. All the above required work shall be done underthe inspection of and to the satisfaction of the City Engineeri and shall not be deemed complete until approvedand accepted in writing as complete by the City Engineer and accepted by the above named agency into itswater system. Developer further agrees to maintain the above required improvements for a perioi of one yearfollowing acceptance by the City, and during this one year period to repair or replace, to the satisfaction of theCity Engineer, any defective work or labor done or defective materials furnished. Developer further agrees thatall underground improvements covered by this Agreement shall be completed prior to the paviig of anyroadway. The estimated cost of said work and improvements js the sum of Thirtv One Thous;d Fiv;l"lu4.dred and no/100, Dollars, $ 31.500.00 , ("Estimated cost"). prior to commenc.rng any work, Developershall, at its sole cost, expense, and liability, obtain all necessary permits and licenses inO give all necessaryand incldental notices required for the lawful construction of the work and performanc! of Developer'sobligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. 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 shall, at its sole cost, expense. and liability,pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreemeni,including, but not limited to fees for checking, filing, and processing of improvement plans and speiificationsand for inspecting the construction of said work. These fees must te paid in full prioi to approval of the finalmap and improvement plans, unless such fees have not yet been assessed and are not yei due and payable. The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been orwill be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or r_elieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the water distribut6n systemimprovements, all costs and reasonable expenses and fees incurred by City in successfully enforcing suchobligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Derelop"r,not the City, shall be legally responsrble for making any payment and/or taking any action required by any suchjudgment. DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,loss, injury, or damage happening or occurring to the works specified in this Agreement praor to the completionand acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or propertyinjured or damage by reason of the nature of the work, or by reason of the acts or omisslons of Develbper, itsagents or employees, tn the performance of the work, and all or said liabilities are assumed by Developer.Developer shall defend, indemnify, and hold harmless City, its elected offrcials, officers, employees, agents,and volunteers from any and all actual or alleged claims, demands, causes of action, liaOitity, - tos",adminiskative action of any federal, state, or local government body or agency, arising out of or incideni to anyacts, omissions, negligence, or willful misconduct of Developer, itJ personnel,- employees, agents, oicontractors in connection with or arislng out of construction or maintenance of the work contemplaGd underthis Agreement, or performance of this Agreement. Thas indemnification includes, without limitation, thepayment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses,and the reimbursement of City, its elected officials, offlcers, employees, volunteers, and/or agents for all legalexpenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim,demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, includingwrongful death, which is caused by the negligence or willful misconduct of Ciiy as determined by a court o-radministration body of competent jurisdiction. Developer's obligation to indemnify shall survive thl expirationor termina-tion of this Agreement, and shall not be restricted to insurance proceedi, if any, received uy blty, itselected officials, offrcers, employees, agents, or volunteers. FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocablepermission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall term,nate in the event that Developer has compietedwork within the time specified or any extension thereof granted by the City. Under such circumstances,Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'feesand litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the workcontemplated by this Agreement is completed. Developer shall remit such Completion Cosis to the City nomore than thirty (30) days of the date that the City notifies Developer of such Completions Costs. Failuie toremit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedyprovided by law including the encumbrance of the any property owned by Developer in the amouni equal t;any unpaid Completion Costs. FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each andevery hazardous or dangerous condition caused or created by the construction of the wor[s of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protectall persons from such hazardous or dangerous conditions in compliance with State law iegulations andstandards for traffic regulatory control methods, including, but not limited to, stop signs, regulitory signs orsignals, barriers, or detours. SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least fortyeight (48) hours before beginning any work. Developer shall provide the City engineer or his designeereasonable access to facilities for obtaining full information with respect to the progreis and manner of workand shall fully cooperate with any investigation regarding the same. SEVENTH. lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work withsuch diligence as to ensure its completion within the specified time, or within such extensions of time whichhave 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 notice ofsuch default shall be served upon Developer City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said terminatlon shall not affect orterminate any rights of City as against Developer or any surety then existing or which thereafter accruebecause of such default. The determination by the City Engineer of the question as to whether any of the termsof the Agreement or specifications have been violated, or have not been performed satisfactorily, shall beconclusive upon the Developer and any surety, and any and all parties who may have any inteiest in theAgreement or any portion thereof. The foregoing provisions of this seclron shall be in addition t,o all other rights DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B and remedies available to City under this Agreement or the law. The failure of the Developer to commence orcomplete construction shall not relieve the Developer or surety from completion of the improvements requiredby this Agreement. EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both agood and sufficient improvement security in an amount not less than the Estimated Costs of the work andimprovements for the faithful performance of the terms and conditions of this Agreement, and good andsufficient security for payment of labor and materials in the amount prescribed Oy Rrticte XVll of RiversideCounty Ordinance 460 as amended to secure the claims to which reference is made in Tifle 3 (commencingwith Section 9000) of Part 6 of Division 4 of the Civil Code of the State of Catifornia. Developer agrees t6renew each and every said bond or bonds with good and sufficient sureties or increase the amouni of saidbonds, or both, within ten ('10) days after being notified by the City Engineer that the sureties or amounts areinsufficient. Notwithstanding any other provisions herein, rf Developer fiils to take such action as is necessaryto comply with said notice, Developer shall be in default of this Agreement unless all required improvementiare completed within ninety (90) days of the date on which the City Engineer notified Developer of theinsufficiency 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 thebonds securing this Agreement, that, in the event it is deemed necessary to exlend the time of completion ofthe work contemplated to be done under this Agreement, extensions of iime may be granted in wriiing, fromtime to time, by City, either at its own option, or upon request of Developer, andsuch extensions shall in noway affect the validity of this Agreement or release the surety or sureties on such bonds. Developer furtheragrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement,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 lhisAgreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not beaffected and the rights and obligations of the parties shall be construed and enforced is'if the Agreement didnot contain that particular part, term or provision held to be invalid. ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forthherein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. TWELFTH. ln any action or proceeding arising out of this Agreement, or the transactions contemplatedhereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonableattorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by theprevailing party in connection therewith, at trial and all appellate proceedings. THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by awritten Instrument signed by both parties. FOURTEENTH. The persons executing this Agreement on behalf of the parties hereto warrant thatthey are duly authorized to execute this Agreement on behalf of said parties and that, by so executing thisAgreement, the parties hereto are formally bound to the provisions of this Agreement. .. . FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law,this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be nulland void, and any assignee, hypothecate, or transferee shall acquire no righi or interest by reason of suchattempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in Caty's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty orresponsibility under this Agreement. ln the event that City consents in writing to such an assignment, inyassignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a writtenagreement in a form, and containing such surety, as is reasonably acceptable to City. Any jgreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisionJ requiring the assignee to post bonds or submit another form of financial security, satisfactory to Ciiy and appror'eO U! DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shallsurvive the recordation of the Final Map and shall be recorded against each of the proposed lots to informsuccessors and assigns of the required work covered by this Agreement to be construcied and their time framefor construction. Following any- permitted assignment, hypothLcation, or transfer of the work covered by thisAgreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shallrelease to Developer any bonds or other security posted to secure the work covered by this -Agreement soassigned; provided, however, that City shall not release any security or undertakings given to secure theperformance of any of the work covered by this Agreement not assigned, hypothecated, or transferred. SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with allapproved maps, conditions, plans, specifications, standard drawings, and spelial amendments thereto on filewith the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,and other requirements. Developer and its contractors, if any, shall perform all w6rk required to conskuct aliwork performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with thestandards general recognized as being employed by professionals in the same discipline in the State ofCalifornia. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall havesufficient skill and experience to perform the work assigned to them, and thlt they shall have all licenses,permits, qualafications, and approvals shall maintained throughout the term of this Agreement. SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterpartsshall be construed together and have the same effect as if ali of the parties irad executed the sameinstruments. EIGHTEENTH: This Agreement is to be governed by the laws of the State of California. NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shallbe served on the other party by mail, postage prepaid, at the following addresses: A& Developer City of Menifee 29844 Haun Road Menifee, CA 92586 D.R. Horton LosAngeles Holding Company lnc 2280 Wardlow Cir #100 Corona, CA 92878 _ TWENTIETH: City's failure to insist upon strict compliance with any provision of thisAgreement or to exercise any right or privilege provided herein, or City's waiver of any breach of thisAgreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional orunintentional. TWENry-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any party to assign any right or obligition DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B lN WTNESS WHEREOF, Developer has affixed his name, address and seal. 2021 Dated: CITY OF MENIFEE 2021 Horton Los Angeles Holding Compa ny lnc. /e CIry OF MENIFEE By: Nicolas Fidler, Public Woiks Director APPROVEDAS TO FORM: By Bill Zimmerman, Mayor ATTEST: By Clerk Jeffery T. Melching, City Attorney SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE oatea: r (VlU IU By: Sarah Manwaring, DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B This Section shall not be construed as an authorization for any party to assign any right or obligation lN WITNESS WHEREOF, Developer has affixed his name, address and seal. Daled: _,2021 By Dated:,2021 CITY OF MENIFEE Daniel Padilla, City Engineer CITY OF IVIENIFEE By Armando G. Villa, City Manager ATTEST: By Sarah A. Manwaring, City Clerk Jeffrey T. Melching, CityAttorney SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY APPROVED AS TO FORM: By: By: DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B 10/5/2021 CALIFORNIA NOTARY ACKNOWLEDGEMENT (rNDrvrDUAL) A notary public or other officer completing this certificate verifles 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 Rvelsrde on Jury 1 2021 before me,S J PARAD SO, NOIARY PUBLIC (insert name and title of the officer), personally appeared Jennre, L. o'Leary , who proved to me on the basis of satisfactory evidence to be the person(r) whose name(i) is/a:e subscribed to the within instrument and acknowledged to me that h/sheflnl executed the same in hiolher/ttnir authorized capacity(tmd, and that by hrdheritreixsignature(sf on the instrument the person(9J, or the entity upon behalf of which the person(gl acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correcl. WITNESS my hand and official seal S. J, PAR^DISO lotary Public - C.llforni. Riverside County Commisrion { 2279626 l^y Comrn. Erprre! Mar 7, 2023 Signature (Seal) Copyright O 20'18 NotaryAcknowledgement.com All Rights Reserved @ DocuSign Envelope ID: 300FB1D1-9AD6-4966-9B1F-B0874C7B9A0B