2021/05/26 KB Home Coastal, Inc. Construction of Road Improvements TR 29835-4 IP20-014AGREEMENT FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS TRACT 29835-4, IP20-014
This Agreement for Construction of Road and Drainage Improvements ("Agreement") is made and
entered into by and between the City of Menifee, State of California, hereinafter called City, and
KB Home Coastal1 Inc. , hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 29835-41 IP20-014, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage
improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of
this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at Input applicable email address for Developer contact. All the above required work shall be
done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by
the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Five Hundred Fifty Nine Thousand1 Five Hundred and no/100, Dollars, $559,500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations 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 and improvements 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 Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve 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 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, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer,
not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
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 prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705
DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705
DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705
DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705
DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705
August 17
Stephanie Roseen, Acting City Clerk
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Armando G. Villa, City Manager
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DocuSign Envelope ID: 681F6847-9CB6-40D0-B7E6-381DFE4CA705