2023/03/12 Pulte Home Company, LLC Landscape and Irrigation ImprovementsAGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON-SITE
made and entered into as ofthe t )f- day o
MPROVEMENTS ("Agree ment") is
, 2023, by and between the CITY OF
DSCAPE I
I
MENIFEE, a Califbmia municipal corporation, ("City") and, PULTE HOME COMPANY, LLC,
a Michigan limited liability company ("Landowner").
\\ II'NI.-SSI]I'II
l- Landowner, for and in consideration of the approval of a minor plot plan for
landscape and iruigation materials and installation ("Work") on that certain development plan
known as "Banner Park", open space and streetscape landscaping and irrigation plans (working
drawings), (Plot Plan No. PLN2I-0407), which is located on the southeast corner of north of
Domenigoni, west of Briggs and East of Lindenberger within the Menifee Village Specific Plan,
APN 340-640-029, (the "Property"), agrees, at Landowner's own cost and expense, to furnish all
labor, equipment, and material necessary to perform and complete the Work and, as it relates to
the landscape and irrigation improvements, Landowner also agrees that it shall maintain for a
period of twelve ( l2) months after its Building Permit has been issued or as otherwise required by
City's Community Development Direc(or in a good and workmanlike manner, all those landscape
and irrigation improvements in accordance with those landscape and irrigation plans for the
development of said entitlement which have been approved by City's Community Development
Director, and ire on file in the Office of the City of Menil'ee Communiry Development
Department, and to do all work incidental thereto in accordance with the standards set forth in
Menifee Municipal Code Title 9, and as shown on attached Exhibit L of this Agreement. All of
the Work shall be done under the inspection of and, to the satisfaction of, City's Community
Development Director and shall not be deemed complete until approval of the final inspection is
made by City's Community Development Director. Approval of City's Community Development
Director of the Work and of the final planting shall be in writing. The estimated cost of the Work
is One Hundred Forty-Four Thousand One Hundred Twenty-Seven Dollars and Thirty-
Eight Cents ($144,127.38).
L Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successlully enforcing such
obligations shall be paid by Landowner including reasonable attorneys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
3- To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2182.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnify, and hold free and harmless City and City's agents, officers, and
employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage. injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
167 t1ll t858 0(X)l
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of investigation)
that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities contro[ (collectively, the "Liabilities"), in connection with the
implementation of this Agreement. Such obligation to defend, hold humless, and indemnify any
lndemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such Indemnitee.
4- Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the Work within the time specified or any extension thereof granted by
City's Community Development Director, and upon the City's Community Development
Director's final approval of the Work.
5- Landowner agrees at all times, up to the completion and written approval of the
Work by City's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such def'ective or dangerous conditions.
6- Landowner, or its agents and employees, shall give notice to City's Communrty
Development Director at least forty-eight (48) hours before beginning the Work. Furthermore,
Landowner shall provide City's Con.rmunily Development Director with any and all information
or any other materials, deemed reasonably necessary by the Community Development Director or
its designee, to allow the Ciry's Conrrnunity Development Director or its designee the ability to
monitor, assess, and inspect the progress and manner of the Work,
L Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
lndustrial Relations of the State of Califomia, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-'703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all times, and readily available at City's request. Landowner and all Landowner Entities shall
obtain and maintain a City of Menifee business license. Landowner shall require the same of all
contractors and subcontractors.
267 I /0t r 81 8,000 I
8621088 2 aO2l:l/ll -2-
& IfLandowner, or its agents or employees, neglects, retuses, or fails to prosecute the
Work with such diligence as to insure its completion within the specified time, or within such
extensions of time as have been, or may be, granted by City's Community Developrnent Director,
or if Landowner violates, neglects, ref'uses, or fails to perform satisfactorily any of the provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such default may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. PLN2 I -0149) of Landowner
due to such default. The determination of City's Community Development Director of the
question as to whether any of the terms of this Agreement or the plans and specifications have
been violated or have not been performed satisfactorily shall be conclusive upon Landowner, and
any and all parties who may have any interest in this Agreement or any portion thereof. No delay
or omission in the exercise of any right or remedy by City shall impair such right or remedy or be
construed as a waiver. City's consent or waiver of one act or omission by Landowner shall not be
deemed to constitute a consent or waiver of City's rights with respect to any subsequent act or
omission by Landowner. Any waiver ofany default shall be in writing. The foregoing provisions
of this Section shall be in addition to all rights and remedies available to City under law.
q Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufficient security as provided in subsections (l), (2), and (3) of subdivision (a) of
Section 66499 of the Government Code in any amount not less than the estimated cost of the Work
for the faithful performance of the terms and conditions of this Agreement, except that when the
estimated cost ofsaid work is $2,500 or less, the security shall be a deposit ofcash or its equivalent
as determined acceptable by City's Building Director. Landowner further agrees that if the
security is a bond and if the sureties on the faithful performance bond or the amount of said bonds
in the opinion of City's Community Development Director becomes insufficient, Landowner
agrees to renew each and every bond or bonds with good and sufficient sureties or increase the
amount of said bonds, or both, within ten ( l0) days after being notified by City's Community
Development Director that the sureties or amounts are insufficient. Notwithstanding any other
provision herein, if Landowner fails to take such action as is necessary to comply with said notice,
Landowner shall be in default of this Agreement unless all required work is completed within
ninety (90) days of the date on which City's Community Development Director notifies
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
lO. It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers of any instruments or letters of credit 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's
Community Development Director either at his/her option or upon request ofLandowner, and such
extensions shall in no way affect the validity of this Agreement or release the surety or sureties on
said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of
any instrunrents or letters of credit in full force and effect during the term of this Agreement,
including any extensions of time as may be granted thereon.
_l!- Upon the satisfactory completion and written approval of the Work by City's
Community Development Director, the entire amount of the security shall be released or returned
by City to Landowner.
t67llo-l I858-fiXll
861I088 2 aol,l.l/21 -3-
12 This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
13- With the exception of the specific provisions set fbrth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
!4, lt is understood and agreed by the parties hereto that if any part, term, or provision
of this Agreement is held to be unlawful and void, the validity of the remaining portions shall not
be alfected and the rights and obligations of the parties shall be construed and enforced as if this
Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
It This Agreernent may be executed in niultiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
ll- The laws of the State of Califomia shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, Califbrnia. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Calilbrnia, in Los Angeles.
l& The person(s) executing this Agreement on behalfofthe parties hereto warrant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
lbrmally bound to the provisions of this Agreement.
lq Any notice or notices required or permitted to be given pursuant to this Agreernent
shall be served on the other party by mail, postage prepaid, at the following addresses:
City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
To Landowner:
Pulte Home Company, LLC
27 4Ol Los Altos. Suite 400
Mission Viejo, CA 92691
Isignatures on following page]
-4-
16. Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
To City:
lN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Pulte Home Company, LLC, a Michigan I
("Landowner")
ted liability company
our"a, 7lFl23 By
(Signature for t or other Category I Officer)
Danen Warren
(Print Name)
Vice President Land Acquisitions & Development
(Title)
Dated By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("Ci(y")
Dated:By
C
Approved as to Form:
T. Melc
City Attorney
Community t Direclor
-5-
A notary public or other officer completing this cenificate
verifies only the identity of the individual who signed the
docunrent to which this certificate is attached, and not the
truthtulness, accuracy, or validity of that document.
ACKNoWI,EDGMENT
STA'I'E oF CALIF()RNI,.\
COUNTY OF Ora-^q?-
On
ss.
personally appeared
who proved to me o
before me,oc , Notary Public,
D LYrc-v\ UlO.r ren
n the basis of satisfactory evidence to be the person(y) whose name$) is/are
subscribed to the within instrument, and acknowledged to me that he/+ihe/they executed the same in
his/her/thei+ authorized capacity(ies), and that by hislher/t&ei.r signaturef) on the instrument the
person(y'), or the entity upon behalf of which the person$) 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.
WITNESS my hand and official seal.
@"
T^YLOi C0UEEN .OCt(
Not.ryPubllc - C.ltfornt.
oranG Counry
CommlJrloo # 2,(1797!
Cono. Erpir.s 5.p 23, 2026
r Signa
ISEAL]
-6-
Febrv,qv\ l*,2r2",
(lierc insen name lnd titlc ol the otficer)
)
)
)
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
POC 7 . STREETSCAPES LANOSCAPE PLANS
BANNER PARK HOA PLN21-xxx
LANDSCAPE
3 798 00$422 LF 900SConcrete Mow Curb
2,200.00$88 EA 25.00$V nes (5 Gallon)
0.00$EA 25.00$Vines (1 Gallon)
300.00$6,900.00$23 EATrees ( 24" Box)
650$1,573.00$Shrubs (1 Gallon)242 EA
EA 16.00$15.088 00$Shrubs (5 Gallon)943
1 800 00$18 EA 100.00sShrubs (15 Gallon)
7 581.50$15,163 SF 050Mulch - 3" deep shredded wood mulch
SF 100$000$Turf
15,163 SF 200$30,326.00$lrrigalion
l EA $ 2o.0oo.oo 20,000.00$lrrigation booster pump
15,163 SF 0.20$3,032.60$Fine grading
1 EA $ 12,500.00 12,500.00$
1 EA $ 10,000.00 10.000 00$Electric Meter (Ouel meter pedestal)
5 307.05$15,163 SF 035sOne Year Landscape Maintenance
't 20,106.'i 5$Subtotal
24,O21.23$B,Administrative Contingency (20% x A)
9,608.49$C CM - lnspection - LC (8%)
'I 44 ,',t27 .38$D Park Total (A + B)
ITEM OUANTITY UNIT UNIT
cosT
AMOUNT
HOA STREETSCAPE LANDSCAPE PLANS FOR:
TR 32102-F BANNER PARK POC 7
MENIFEE, CA.
FOR
PULTE HOME COMPANY LLC
27401 LOS ALTOS, rllsSION VIUO, CA 92691
PHONE: (951) 538-s83s CONTACT: STEVE FORD
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