2023/03/01 Pulte Home Company, LLC Landscape and Irrigation ImprovementsAGREEMENT
FOR I-ANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON-SITE LANDSCAPE IMPROVEMENTS ("Agreement") is
rnade and entered into as of the i" dayof \,L'-- c h ' 2O23,by and between the CITY OF
MENIFEE, a Califbrnia municipal corporation, ("City") and, PULTE HOME COMPANY' LLC'
a Michigan limited liability company ("Landowner").
WITNESSETH
l- Landowner, for and in consideration of the approval o[ a minor plot plan for
landscape and irrigation 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. PLN22-0109), which is located on the sou(heast 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 Director 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 are on file in the Office of the City of Menifee Community Development
Department, and to do all work incidental thereto in accordance with the standards set lbrth 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 ol City's Conrmunity
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 Comrnunity Development
Director of the Work and of the final planting shall be in writing. The estimated cost of the Work
is THREE HUNDRED THIRTY.SIX THOUSAND SIX HUNDRED NINETY.NINE
DOLLARS AND SIXTY-SIX CENTS (336,699.66).
L Landowner agrees to pay to City the actual cost ofsuch 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 successfully 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 2182 and 2782.6), 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 "Indemnitee") from and against any and all claims, loss, cost, danrage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
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incidental and consequentia[ 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 control (collectively, the "Liabilities"), in connection with the
implementation of this Agreement. Such obligation to def'end, hold harmless, and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willful misconduct of such [ndemnitee.
L Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the pulpose 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 ol each and every dangerous condition caused by the Work, and to protect the
traveling public from such defective or dangerous conditions.
6- Landowner, or its agents and employees. shall give notice to City's Community
Development Director at least forty-eight (48) hours befbre beginning the Work. Furthermore,
Landowner shall provide City's Community 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 City's Community Development Director or its designee the ability to
nionitor, assess, and inspect the progress and manner of the Work,
1, 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
Industrial Relations of the State of California, 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
Utitities Code, Sections 465, 466, ar,d 467 by catling 415-703-4714. 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 ilnd subcontractors.
& If Landowner, or 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 as have been, or may be, granted by City's Community Development Director,
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or if Landowner violates, neglects, refuses, 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. PLN22-0109) of Landowner
due to such detault. 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 satistactorily 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 notbe
deemed to constitute a consent or waiver of City's rights with respect to any subsequent act or
omission by Landowner. Any waiver of any 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.
L 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 ofthe Government Code in any amount not less than the estimated cost ofthe Work
for the faithful performance of the terms and conditions of this Agreement, except lhat when the
estimated cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent
as determined acceptable by City's Buitding 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 (10) days after being notified by City's Community
Development Director thal 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 Developmenr Director norifies
Landowner of the insufficiency of the sureties or the amount of the bonds or both.
10. 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 of Landowner, 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 instruments 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.
lL 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.
12. This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors! or assigns, all and each both jointly and severally.
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-!3- With the exception of the specific provisions set forth 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.
14' It 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 affected and the rights and obligations of the parties shall be construed and enfbrced as if this
Agreement did not contain the particular pafl, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
"15= This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
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.
11- The laws of the State of California shall govern this agreement. ln the event of
litigation belween the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in Los Angeles.
1& 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 pany is
formally bound to the provisions of this Agreement.
19 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 following addresses:
To City City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
To Landowner:
Pulte Home Company, LLC
274O1 Los Altos Suite 400
Mission Viejo, CA 92691
Isignatures on following page]
167 t/r) r lil5ri-1n{)l -4-
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written.
Pulte Home Conrpany, LLC, a Michigan limited liability company
("Landowner")
Dated:By
By
(Signature for President or other Category I Officer)
Darren Warrc
(Print Name)
Vice Prcsident of Land A uisitions & Development
(Title)
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Tirle)
Cheryl Ki
Conrnunity velopment Director
Datcd:
CITY OF MENIFEE
("City")
Dated
Approved as to Form
y T. Mclc
?,Lb
City Attorney
C
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By
A notary public or other officer completing this certificate
verilies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of thal document.
STATE OF CALIFORNIA
COUNTY OF Oranaz
ss.
On O,Y before me,fa,y I "r C,olletn ts\ oc !z-, Notary Public,
personally appeared
F*" iar"n nu.e and title o[ the officer)Darrcn v.lxvr cn
who proved to me on the basis of satisfactory evidence to be the person(f) whose name(p) is/are
subscribed to the within instrument, and acknowledged to me that he/she/tA€y executed the same in
his/her/their. authorized capacity(ie$, and that by hislher/t+Ei" signature(/) on the instrument the
person(), or the entity upon behalf of which the person(f) 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 nry hand and off icial seal
I
@H.,:.:fjlj'ij,,:;"[ff i,,,
I Signatu
ISEAL]
167 t /01 trsl{ 01Ir I
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ACKNOWI,EDGMENT
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CITY OF MENIFEE ENGINEERING DEPARTI.IENT
IMPROVEMENf REQUIREMENT WORKSHEET
POC 12. HOA SLOPES LANDSCAPE PLANS
BANNER PARK HOA PLN2l-xxx
LANOSCAPE
Concrete lrow Curb '1,113 LF 900s 10,017.00s
Trees ( 24" Box)84 EA 300 00s 25,200.00s
Shrubs ('l Gallon)5,527 EA 6.50$35,925.50$
Shrubs (5 Gallon)1,681 EA 16 00S 26.896.00S
Shrubs (15 Gallon)27 EA 100.00$2,700.00$
Mulch - 3" deep shredded wood mulch 45,031 SF 0.50$22,515.50$
lrngalion 45,031 SF 2.AOs 90,062.00s
lrrigalion booster p!mp 1 EA $ 20,000.00 20,000.00$
Fine grading 45,031 SF 020s 9,006.20s
1 EA $ 12.500.00 12,500.00S
Eleclric Meter (Duel meter pedestal)1 EA $ 10.000.00 10,000.00s
One Year Landscape [,,laintenance 45,031 SF 0.35S 15,760.85s
Subtotal 280,583.05$
B Administrative Contingency (20% x A)56,116.61s
c.CNI - lnspection - LC (8%)22.446.64s
D Park Total (A + B)336,699.66S
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ITEM OUANTITY UNIT UN IT
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HOA BRIGGS ROAD SLOPE LANDSCAPE PLANS FOR:
TR 32102.F BANNER PARK POC 12
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FOR
PULTE HOME COMPANY LLC
27401 LOS ALTOS, |4ISSTON VTEJO, CA 92691
PHONE: (951) 538-5835 CONTACT: STEVE FORo \w-_.*l
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