2023/03/01 Pulte Home Company, LLC Landscape and Irrigation Improvements (2)AGREEMENT
I-OR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FOR ON.SITE LANDSCAPE IMPROVEMENTS ("Agreement") is
made and entered into as of the I ',r day of ,2023,by and between the CITY OF
MENIFEE, a California municipal corporation, ("City") and, PULTE HOME COMPANY, LLC,
a Michigan limited liability company ("Landowner").
WITNESSETH
l. Landowner, for and in consideration of the approval of 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. PLN22-0005), which is located on the southeast corner of north of
Domenigoni, west of Briggs and East of Lindenberger within the Menif'ee Village Specific Plan,
APN 340-640-029, (the "Property"), agrees, ar 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 Developrnent
Director, and are on file in the Office of rhe City of Menifee Community 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. Alt of
the Work shall be done under the inspection of and, to the satisfaction ol 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 FOURTY ONE THOUSAND SIX HUNDRED SEVENTEEN DOLLARS AND TWO
CENTS ($41,617.02).
L Landowner agrees to pay to City the actual cost of such inspections of the Work as
rnay 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 cosls and included in any judgment
rendered.
3= To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 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, Ioss, cost, damage. injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner Icollectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
.](7l^)1lli5lt-0u)I
8611088 I r0l/11/ll
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 investigat ion 1
that arise out oi 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 Agreenrent. Such obligation to det'end, hold harmless, and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willlul misconduct of such Indemnitee.
4- Landowner hereby grants to City, and to any agent or employee of City, the
imevocable 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 Developrnent 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 defective or dangerous conditions.
6, Landowner, or its agents and employees, shall give notice to City's Community
Development Director at least forty-eighr (48) hours befbre beginning the Work. Furthermore,
Landowner shall provide City's Community Development Director with any and all informarion
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 rhe ability to
monitor, assess, and inspect the progress and manner of the Work,
L Landowner shall comply with all applicable local, srate, 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
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.
:67 t/0r ll158,0(x)1
8611088 I !01/11/ll -2-
& 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,
or if Landowner violates, neglects, ref'uses, or fails to perform satistactorily any of the provisions
of the plans and specifications, Landowner shall be in default of this Agreement and notice in
writing of such delault may be served upon Landowner. City's Community Development Director
shall have the power to terminate all rights (granted by Plot Plan No. PLN22-0O05) 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 periormed satisfactorily shall be conclusive upon Landowner, and
any and all panies 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 of any default shall be in writing. The foregoing provisions
of this Section shall be in addition to all rights and remedies available to Ciry 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 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 lurther agrees that if the
security is a bond and if the sureties on the faithful performance bond or the amount ofsaid bonds
in the opinion of City's Community Development Director becomes insufhcient, 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 Communiry
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.
10. It is further agreed by and between the parties hereto, including rhe 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 hisftrer 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 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 This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
tl6ll088.: r0l/ll/l l -3-
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.
If,, With the exception of the specilic 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 unlawtul and void, the validity of the rernaining portions shall not
be aff'ected and the rights and obligations of the parties shall be construed and enfbrced 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.
lt This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
15. Lzrndowner 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.
tr- The laws of the State of California 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, California. In the event oflitigation 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 behalf of the parties hereto wanant lhat
(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
formally bound to the provisions of this Agreement.
fq Any notice or notices required or permitted to be given pursuant to this Agreement
shall be served on the other party by nrail, postage prepaid, at the following addresses:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menit'ee, CA 92584
To Landowner:
Pulte Home Company, LLC
27401 Los Altos Suite 40O
Mission Viejo, CA 92691
Isignatures on following page]
167 I /01 I 858,0(x1 r
862108{i : aoZlt/21 -4-
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year tirst above written.
Pulte Home Company, LLC, a Michigan limited liability company
("Landowner")
Dated:zlPtlzt By
(si LITC fbr President or other Category I Officer)
DarrenWtrren
( Print Nanre )
Vice President Lanrl Aco r-r isit i Devel ( )l)nrentons&
(Title )
Dated:By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Tirle)
CITY OF MENIFEE
("City"1
Datcd 3\r-\rb By
Cheryl Ki
Commr'lnity clo t Director
Approved as to Form:
C ffi'ey T. Me
fI
167 I /Ol I il58 (x)0 I
8621088 : aoZlJ/:1
hing
-5-
City Attorney
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 CAI,IFORNIA )
)
)
ss
COUNTY OF OrAnae,J
On ?l-Vrt*arq lq ,'?,oL,, before me, (aUlor CollCen 6locV , Notary pubtic,
(here insen namc and title ot thc officer)
personally appeared Darr e-n VJa.r r <-6
who proved to me on the basis of satistactory evidence to be the person(f) whose namet/t lsl"+e
subscribed to the within instrument, and acknowledged to me that he/sheAhey executed the same in
his/herlthck authorized capacity(iesf, and that by his,fterlt&air signature(l) on the instrument the
person(f), or the entity upon behalf of which the person(f) acred, 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 n.ry hand and official seal.
Signatu
@.,:;ffd,,,:iiffi,,,a
ISEAL]
S6l I0ss I all.l/ll/l1 -6-
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.
ACKNOWI,ED(;MI'NT
STATE OF CAI,IFORNIA
COI.]NTY OF
On , betbre me,, Notary Public,
(hcre insen namc and tillc of thc otlicer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, trnd acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I cenify 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.
Signature
TSEAL]
ss.
)
)
)
-7-
CITY OF I\,4ENIFEE ENGINEERING DEPARTMENT
Ii,PROVEMENT REOUIREMENT WORKSHEET
POC TO - STREETSCAPES LANDSCAPE PLANS
BANNER PARK HOA PLN21-
LANOSCAPE
Concrete l\row Curb 36 LF 900$324 0A$
Vines (5 Gallon)38 EA 25.00$9s0 00s
Vines (1 Gallon)EA 25.00$000$
Trees ( 24' Box)13 EA 300 00$3,900.00$
Gallon)Shrubs 1 EA 650$000$
Shrubs (5 Gallon)103 EA 16 00$1,648.00$
Shrubs (15 Gallon)EA 100 00$000$
Mulch - 3" deep shredded wood mulch 1,757 SF 050$878 50$
Turf SF 100$000$
lrrigation 1.757 SF 200$3,514.00$
lrrigation booster pump EA $ 20,000.00 000
Fine gradrng 1757 SF 020$351.40$
1 EA $ 12,500.00 12,500.00s
Electric Meter (Duel meter pedestal)1 EA $ 10,000.00 10,000.00$
90 Day Landscape Maintenance 1,757 SF 0.35$614.95$
Subtotal $34,680.85
Administrative Continge^cy (20ok x Al 6,936.17$
C CM - lnspection - LC (8%)2,774.47
D Park Total (A + B)41,617.O2$
ITEM OUANTITY UNIT UNIT
COST
AMOUNT
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HOA STREETSCAPE LANDSCAPE PLANS FOR:
TR 32102 BANNER PARK POC 10
MENIFEE, CA.
FOR
PULTE HOME COMPANY LLC
27401 LOS ALTOS, N4ISSION VIUO. CA 92691
PHONE: (9s1) s38 s83s CONTACT:5TEVE FORD \w__*
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