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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 lelB 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__* VICINITY MAP G LOCATION MAP GN T.S,N,T S HOro arAril F55 A INOEI'rlllFIannm CLAUSE h DIG L ERlI m CITY OF MENIFEE HOA STREETSCAPE PLANS FOR TR 32102 BANNER PAR( POC 'OMENIFEE CA TITLE SHEET LT-1 I *14 I REFERENCE NOTES SCHEDULE PLANT SCHEDULE Ed-r*c tr +* r* LBl*.* t l"lf- ffi#m a CITY OF MENIFEE LPL.1 L*19 HOA STREETSCAPE PLANS FOR TR 32I02 AANNER PARK POC 1O MEN]FEE, CA PLANTING SCHEDI,JLE & NOTESE : i l : Il 1 95 l 9:l rc5 E,t]l]1rgl@il REFERTO SHEET LO-] FOR TREE ANO SHRUB PLANTING DETAILS108112REFER IO SIiEET LPL.] FOR PLANT NG SCHEDULE REFEF TO WATL A FENCE PLANS FOR WALIS E FENCES INDEX I\.14P NTS I THIS SHEET DNG L ERlI {k ,k ,k rk CIry OF MEN FEE HOA STRFFTSCAPF PLANS FOR TR 32102 BANNER PARK POC 1O MENIFEE CA PLANTING PLAN m a LP.1 3 13 .\\s 4 b .t _r- \ o @ ORtE@rqrcEq @!(eu.FNResres O.il'd**Mo.,flrrd o.* .Gtr E&E o s r E*@'ffiER G Mu{r. w'E s! o {Mai tuc.n€wDrHoF O Ern^Eo^E$ouft'N O@e' 66,.eEr \'7 )(, !l Q',(, n4 O s* cdPAcrEo ssFe d oNrM&^'Nstr lqq &ER 3FnLEGr fl. r@ G Mter . R@r resi@rqr ero* tuED^r 'j ^eE (,(r- 6r coNcRETE MOWCUBB .rNL{$* roro SHRUB PLANTING DETAILo) l t = r=lll= I GROUNOCOVEF OETA]L 5 GAASS/SUCCULENT PLANTING OEIAIL o6'aerorc@E O rDmREf'Netu OMa}d@ oc@l]@@Mr o) (.) o -@ o .o O) eu!]{f! DIG L ERlI 1 (.) m a CITY OF MENLFEE HOA SIREETSCAPE PLANS FOR: TR 32102 B,ANNER PARK POC 1(l MENIFEE CA LANOSCAPE OEIAILS LD-1 Wffit'.: ,l \I rl 3 oo ) llo oe a!rE! l-,.i2|R@r&L sr J l ^ nkcr6v,,tBhr9d[! .&B*BIfrbd l>ddkrfufu.ry'E ,fuatdi.dfu lFdYoddhi.ir,hd hlihb[fuFnEqll!.!d 'AlqPfu|d,l,lcnfi r.i*efEd,l!l!. Btg,b,q,w bm a CITY OF MENIFEE BOA STREETSCAPE PLANS FOR: TR 32I02 BANNER PARK POC 1O MENIFE€ CA PLANT]NG SPECIF CATIONS LPS.,I L-1L :#Il '_-",,_ ^,,.-...^ DNG L ERlI m a CITY OF MENIFEE HOA STREETSCAPE PLANS FORIR 3?102 BANNFR PARK POC 1O MFNIFFF CA SOILS REPORT LX , H5r*uHs.,t::]:.riffi"i5;ifi?;s.'sxtstfffii,J-^" HOA RECYCLED WATER IRIGATION PLANS FOR ' x,'"5*"-Tff$i;"HtftrJ:":iJl BANNER PARK TR. 32102- t ' i:fixlrlrHli,n:r"*'" POC 10 STREETSCAPE MENIFEE, CA. ,\\-l _/ N(o co 1'-N o = O qa4!B!a!l!cr-EE!a!4lr!! E!r!4-eit!-!!Ec!]!!l!\ !!E!l! _LJEr*-tucreig! E.d C IY OF MENIFEE IRRIGAI ONCONSIRUCT ON NOTES a bmlaa lITLE SHEET \ -' .,\ . r. 6 +I Av_-/ HOA RECYCLED WATER IRIGATION PLANS FOR BANNER PARK TR. 32102-1 POC 1O STREETSCAPE MENIFEE, CA. )". EE E-l e:i41 / ,/ \gl E=A EE*\\- ^\ t!: iF)l //-ttX o bmta l,--a- a SHEET INOEX MAP J ,r-r.! F_ :! - lsmio +inAimt o -t = sffi,,^*-"-,*-*"**,. I 105 -_ Y -- -----__ \\6 9B / 97t . kt( 103 I 96 a a'\. 104 :----..-] t-I \ NTS 105 / " L1 n F'o, 110 t, TI]IS SHEET I a bmla Q9 R03 ,I \ )\ ,,I '?E-ti *\ I = llffi1v t_r. t* NTS THIS SHEET !!!g rar'!n!!!:9!rt!l - - . , _!9- -. 93 /94 I .1 ..4 B6 . ,l/-w /,_laaI85 111110 /lddslPE ,lI ::tr.,,,^, s4 iFitrlE!!.rq { Ge* 112 I,: ///,,.y 83 tq.!a!d.!L a Psl 82.l a bmla ee I- 95 I ( I _t /1 I/a ) / T_It-l ,/,f'l--\A FIJ4 ] \\\E//\V/ I+ f=l bmtaa's | ^r{uE.r vaw recfrrirY o lfl a @ RRIGAIION LEGEND *, 1"'-]f- l*- l tl t"* ffitr&I IiiI ;i- T-l ri, kriarlo. vrv* d.l1sd .0n liru 3pre.rlheet bt.ElnPdri.ll.ib(h) I rl relMn '_I lrsr-d lddi|_ddfifudYrnMuG*k.id-,.- tui itrr (h.l/ icE ad6 nideNny F*F.4.{rdrcr!'4.'*d.r&ft h.w-d4,.l&rtullt nd.c.btrb6.n l.4pr bi drdE &raiic d 6tN..l Lndd'yn.'& talildl,aatuI'i.donlfr6!Edrllarn d'r . 1/-ll T* l;=------------rJ ,]L tr I 7?.T,li ---;ffi IRRIGATION CAf CULATIONS Drc ArERr T..,.*n;;,ra --ii6--T----E--ti=iE;iTtii:-raE- I i. 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