2020/05/15 Lennar Homes of California, Inc. Tract Map 31098/ lP19-030L Construction of Landscape ImporvementsDocuSiga Envelope lO: 08g7Dl D+8369-4 1 3F-92E8-7AFgC4CB9OAA
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
lP19-030L
This agreement, made and entered into by and between the City of Menifee, State of Califomia,
hereinafter called City, and Lennar Homes of California. lnc. , hereinafler called Developer.
WTNESSETH:
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain landdivision known as Tract Mao 31098/ lPl9-030L, hereby agrees, at Developer's own cost and expense, to
furnish all labo( equipment and materials necessary to perform and complete, within Zl months from the datethis agreement is executed, in a good and workmanlike manner, all road and drainage improvements in
accordance with those Road Plans for said land division which have been approved by the City Engineer, andare on file in the office of the Menifee Engineering Department, and do all work incidental thereto in
accordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor,
which are hereby expressly made a part of this agreement. All the above required work shall be done under the
inspection of and to the satisfaction of the City Engineer, and shall not be deemed mm plete until approved andaccepted as complete by the City. Developer further agrees to maintain the above required improvements for aperiod of one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the City Engineer, any defective work or labor done or defective materials fumished. Developerfurther agrees that all underground improvements shall be completed prior to the paving of any roadway. Theestimated cost of said work and improvements is the sum of Four Hundred Sixtv Seven Thousand FiveHundrednd no/100, Dollars, $ 467,500.00 .
. SECOND: Developer agrees to pay to City the actual cost of such inspections of the work andimprovements as may be required by the City Engineer. Developer further agrees ihat, if suit is brought uponthis agreemenl or any bond guaranteeing the completion of the road and drainage improvements, all costs andreasonable expenses and fees incuned by City in successfully enforcing such obligations shall be paid byDeveloper, including reasonable attomey's fees, and that, upon entry of judgment, ill suctr msts, expenseiand fees shall be taxed as costs and included in anyjudgment rendered.
. THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,loss or damage happening or occurring to the works specified in this agreement prior to the comfletion andacceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property
inlured by reason of the nature of the work, or by reason of the acts or omissions of Diveloper, its age;ts o;employees, in the performance of the work, and all or said liabilities are assumed by Developer. Deiveloperagrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liabilityor claim because of, or arising out of the acts or omissions of Developer, iis agents and employees, in theperformance of this agreement or arising out of the use of any patent or patented article in the pe*ormance ofthis agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocablepermission to enter upon the lands of the subject land division for the purpose oi mmpleting the improvements.This permission shall terminate in the event that Developer has completed work within tfre time specified orany extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and waming to the traveling public of each andevery hazardous or dangerous condition caused or created by the construhion of the wor[s of improvement atall times up to the completion and formal acceptance of the works of improvement. The Developei shall protectall persons from such hazardous or dangerous conditlons by use of traffic regulatory control methods,including, but not limited to, stop signs, regulatory signs or signali, barriers, or detoui.
Docusig.l Envelop€ lD: 0897D1 D$.8369-41 3F-92E8-7AF9C4CB9OAA
SIXTH: Developer, its agents and employees, shall give notice to th€ City Engineer at least 48 hours
before beginning any work and shall furnish said City of Menifee Engineering all reasonable facilities for
obtaining full information with respect to the progress and manner of work.
EIGHTH: Developer agrees to file with City, prior to the date this agreement is executed, a good and
sufficient improvement security in an amount not less than the estimated cost of th6 work and improvements
for the faithful performance of the terms and mnditions of this agreement, and good and sufiicient security for
payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as
amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code of the State of Califomia. Developer agrees to renew each and every said 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 the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other
provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Devoloper
shall be in default of this agreement unless all required improvements are completed within ninety (90) days of
tho date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the
bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
bonds 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, either at its own option, or upon request of Developer, and such extensions shall in no way affect the
validity of this agreement or release lhe surety or sureties on such bonds. Developer further agrees to maintain
the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
agreement is by the courts 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 the agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH: Any notice or notlces 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:
TWELFTH: This agreement contains the entire agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof.
SEVENTH: lf Developer, 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 which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the City
Engineel to terminate all rights of Developer because of such default. The determination by the City Engineer
of the question as to whelher any of the terms of the agreement or specifications have been violated, or have
not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may
have any interost in the agreement or any portion thereof. The foregoing provisions of this section shall be in
addition to all other rights and remedies available to City under law. The failure of the Developer to commence
construction shall not relieve the Developer or surety from completion of the improvements required by this
agreement.
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civ
City of Menifee
29844 Haun Road
Menifee, CA 92586
Lennar Homes of Califomia, lnc
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal
Dated:
Dated:
CIry OF MENIFEE
W"2020
2020
Its Manger:
By:
By:
Jonathan G. Smit ublic Works Director/
City Engineer
By:
tBy
Bill Zimmerman, Mayor
ATTEST:
By
APPROVED AS TO FORM
By:
Sarah Manwaring,Clerk Jeffery T. Melching, CityAttorney
ATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
S
Develooer
CITY OF MENIFEE
DocuSign Envelope lD: 4F57ADCE-A4B$4477-8349892230O1F193
lN WITNESS WHEREOF, Developer has affrxed his name, address and seal
Dated: _, 2021
Dated rul y 21 ,2021 CITY OF MENIFEE
By:0^'^rl t^h\b
, City Engineer
CITY IFEE
N{^-B
lla, City Manager
ATTEST APPROVED AS TO FORM:
B Sovo[" L. lttzru:,t By I
ra nwarrng,City Clerk e ing, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
a
By: Developer
nota ry public OI other officer completing thts
certifi cate verifiES only the identity of the ind ividualhosigneddocumenttowhchthiscertificate
and not the accu racy or
VA I of that docu menl
ACKNOWLEDGMENT
ta
County of
On before me,
(insert name nd title of officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person$ whose namels) is/alresubscribed to the within instrument and acknowledged to me that he/dhe/they executed the same inhisher/thbr authorized capacity(lEe), and that by his/her/thbir signaturets) on the instrument thepersorf(s ), or the entity upon behatf of which the person(S)ac'ted, executed the instrument
I certify under PENALry oF pERJURy under the raws of the state of carifomia that the foregoingparagraph is true and conect.
WITNESS my hand and official seal.BETH BRULEYNotaryPublic . Cdl lornld
Rlyar5lda Co!ntyConmhsloo r 2147751
trpirer Jut 21, 2A22Signature(Seal)
the iSattachedtruthfulness,
State of
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