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2023/03/01 Pulte Home Company, LLC PLN22-0050/APN 340-640-029 Landscape and Irrigation Improvements3= To the fullest extent permitted by law (including, without limitation, Califbrnia Civil Code Sections 2182 and 2'782.6), 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") tiom and against any and all claims, loss, 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 Enttties"]), expense, and liability of every kind, nature, and description (including, without limitation, 167IlJr rll58-m()I E6:l08li I a0l./l.r/ll AGREEMENT FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS This AGREEMENT FOR ON-SITE LANDSCAPE IMPROVEMENTS ("Agreement") is made and entered into as of the I )Y day of [,1r. r, h ,2o23,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 developmen( plan known as "Banner Park", open space and streetscape landscaping and irrigation plans (working drawings), (Plot Plan No. PLN22-0050), which is located on the southeast corner of north of Domenigoni, west of Briggs and East of Lindenberger within the Menifee Village Specific PIan, 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 inigation 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 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 lhe satisfaction of, City's Communiry 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 EUGHTY.THREE THOUSAND FOUR HUNDRED NINETY-ONE DOLLARS AND NTNETY-ETGHT CENTS ($83,491.98). 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 f'ees incuned by City in successfully enforcing such obligations shalt 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. incidental and consequential damages, court costs, attorneys' f'ees, litigation expenses, and fees ol 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 ofthe 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 implernentation 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 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 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 before 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 abili{y to monitor, 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 enrployed 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 minimunr paid to atl 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 415-703-4174. 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 subcontracl.ors. & 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 lime as have been, or may be, granted by City's Conrmunity Development Director, 8r,l1088 I nl)l/ I l/l l 1 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. PLN22-0050) 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 Agreenrent 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 City under law. 9. 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 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 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 (10) 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. 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 eilher at his/her option or upon request of Landowner, and such extensions shall in no way afiect the validity ofthis 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. fL 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. lL This Agreement shall be binding upon Landowner and its heirs, executors, administrators, successors, or assigns, all and each both jointly and severally. :671rc1llri8 0u)l 8611088 I aol/l.l/l l -J- 13= 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 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. 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 muital status in connection with or related to the performance of this Agreement. 11- 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 Califomia, 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 Agreemenl, such pany is fbrmally bound to the provisions of this Agreement. 19. Any notice or notices required or permitted to be given pursuanl to this Agreement shall be served on the other party by mail, postage prepaid, ar the following addresses: To City City of Menifee Community Development Department 29844 Haun Road Menifee, CA 92584 To Landowner: Pulte Home Company, LLC 27401 Los Altos Suite 400 Mission Viejo, CA 92691 [signatures on following page] 2671,0.1t858-Unt 862108R 2.02/14/21 -4- IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date and year first above written. Pulte Home Company, LLC, a Michigan limi liability company ("Landowner") Dated: 2-tq By (Signature for Pres t or other Category I Officer) Darren arIen (Print Name) Vice President Land Acouisitions & Development (Title) Dated By (Signature for Secretary or other Category 2 Officer) (Print Name) (Titlc) (]ITY OF MENIFEE ("City"; Dated:By C Ki Conrnruni cl rectof Approved as to Form: T. Mel City Attorney L ment .t67 I /0 r I li5it-uxr I li6:1088 I r0l/1.+/21 -5- 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 CALIFORNIA COUNTY OP Ora,naQ- 73, before me, f&\lor Co I leerr Ftock , Notary Public, (hcrc inscn name and tille ol the ofllcer) O6-yy W ss, On brwa personally appeared WITNESS nry hand and ofTicial seal who proved to me on the basis of satisfactory evidence to be. the. p:r:olf ) whose name(y') is/*e subscribed to the within instrument, and acknowledged to me that he/sheltliey executed the same in his/fier/lheirauthorized capacity(Jcs), and that by hislherltheir signature(y) 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. Signatu,&o,Lr- Hlar^- Btc?rb @":;il]lij:ifulll,,, 0,alsEAr_l l('71l01ls5S 0U)l 86lllll8 I r{)l/l.t/l I -6- ACKNO\\'I,ED(;NIF]NT ) ) ) 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. couNTY oF , belbre me,, Notary Public, (hcr( in.(rl runrc iUld llll\',,1 lhc olli(cr] 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, and 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 behalfof which the person(s) 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 Signature TSEALI ss. ) ) ) On l6l l()l11158 (xx)t 16l I0li8 .|0l/l-l/l I -7- ACKNOWLEDGMENT S'IATE OF CALII.'ORNIA CIIY OF IVENIFEE ENGINEERING DEPARTMENT II,4PROVEMENT REOUIREI\.4ENT WORKSHEET POC 1I - STREETSCAPES LANDSCAPE PLANS BANNER PARK HOA PLN21-xxx LANDSCAPE Concrete lrow Curb 154 LF 900$1386.00$ Vines (5 Ga lon)56 EA 25 00$1 ,400 00$ Vines (1 Gallon)EA 25.00$000$ Trees ( 24" Box)18 EA 300.00$5,400.00$ Shrubs (1 Gallon)EA 650$000$ Shrubs 5 Gallon)696 EA 16.00$1 1.136 00$ Shrubs (15 Gallon)24 EA 100.00$2,400 00$ l,4ulch - 3" deep shredded wood mulch 8,313 SF 0.50$4,156 50$ Turf SF 1.00$000$ lrrigation 8,313 SF 2.00$16,626 00$ lrrigation booster pump EA $ 20.000.00 000$ Fine grading 8,313 SF o20$1,662.60$ Water I\,4eter 1 EA $ 12.500.00 12,500.00$ Electric L4eter (Duel meter pedestal)1 EA $ 10,000.00 10,000.00$ One Year Landscape I\,4aintenance 8,313 SF 035$2,909.55$ Subtotal 69,576.65$ B Administrative Contingency (20% x A)13,915.33$ C C[, - lnspection - LC (8%)5,566 13$ D Park Total (A + B)83,491.98$ ITEI\,,l QUANTITY UNIT UNIT COST AMOUNT HOA STREETSCAPE LANDSCAPE PLANS FOR: TR 32102 BANNER PARK POC 11 MENIFEE, CA. 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RFFFR TO BFI OW 1 FFT IIII'III!II'!!!I""ri CRAPE MYRILE SIREET i.€ 115 '.J I = /I 93 REFER TO SHEEI LD 1 FOR TREE AND SHRUA PTANTING DETA LS REFER TO SHEET LPL l FOR PLANIING SCHEOULE REFER TO WALL & FENCE PLANS FOF WALLS T FENCES INDEX MAP NTS THIS SHEEI CRAPE MYRTLE STRE€Trrrtttlarlrlrrtlt!aa MATCH LINE REFER TO ABOVE RIGHT on m *rk*{kf-/ur'u$f,[T m a CITY OF MENIFEE LP.1",HOA STREETSCAPE PLAxs FORI TR 32102-F BANNER PARK POC 11 MENIFEE. CA PLANTING PLAN e Rii -0 58 \,I \ -J al J /// # 92 q 'r+, I l i ffi o Rl&wm.o@rE.q @ roEPdE AE RE$&. o. bakeoGera o.*fu*Emu EM O N$(oEeR@r BrmH Offiu u.MMsr(, RMEI mG BEUo s (r 6NuEoEd@eR o O rlc@E!lerd*orffi1a4Ytrr4or ,l!) o ocRow,*R4MrEs1! (,) €l (!) 6) agi O s*c*&rosEruE * oarmce^r(sM !!E (.)t (r)-! coNcRErE MowcuRB ortrR*srND SHFUB PTANTING OETAIL G. IBEE PLANTING DEIAIL GFASS]SUCCUL FNT PIANIING DFTAII (,GBOUNDCOVER OETA L [)O r*.*PuraA O@r@xR@rc6urO o"*"***."" Ox4ltts{*Ei}u@(* o.ryrEos4ML r@ E e P o oo O sr!r!E! 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