2020/05/15 Lennar Homes of California, Inc. Tract Map 31098/ IP19-028L Construction of Landscape ImprovementsDocuSign Env6lope lD: 0E97D1D+8369-413F-92E8-7AFgC4C89OAA
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-0281
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, , hereinafter calted Developer.
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain landdivision known as Tract Map 31098/ lP19-028L, hereby agrees, at Developeds own cost and expense, tofurnish all labor, equipment and materials necessary to pefform and complete, within 24 months from the datethis agreement is executed, in a good and workmanlike manner, all road and drainage improvements inaccordance 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 inaccordance with the standards set forth in Riverside Counly 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 theinspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and
accepted as complete by the City. Developer further agrees to mainbin 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 thesatisfaction 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. iheestimated cost of said work and improvements is the sum of Four Hundred Thirtvlour Thousand FiveHundred and no/100, Dollars, $ 434.500.00 .
. 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 agreement or any bond guaranteeing the completion of the road and draiiage improvements, all costs andreasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid byDeveloper, including reasonable attomey's fees, and that, upon entry of judgment, Jll such costs, expensesand fees shall be taxed as costs and included in any judgment 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 propertyinjured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents oiemployees, in the performance of the work, and all or said liabilities are assumed by Developer De.-veloperagrees to protect, defend, and hold harmless City and the officers and employees thereof from btt toss, liaOitityor claim becau_se 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 periormance 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 thJ purpose oi compte6ng tire improvements.This permission shall terminate in the event that Developer has completed work with;n tf,e 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 construition of the wor[s'of improvement atall times up to the completion and formal acceptance of the works of improvement. The Deveiopei shall protectall persons from such hazardous or dangerous conditions by use of traffic regulatory conhol methods,including, but not limited to, stop signs, reguratory signs or signali, baniers, or detou[.
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SIXTH: Developer, its agents and employees, shall give notice to the 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 agreemenl is executed, a good and
sufficient improvement security in an amount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this agreement, and good and sufficienl 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 (mmmencing with Section 3082) of Part 4
of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond
or bonds with good and sufficienl 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, rf Developer fails to take such action as is necessary to comply with said notice, Developer
shall be in default of this agreement unless all required improvements are completed within ninety (90) days of
the 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 requesl of Developer, and such extensions shall in no way affect the
validity of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintain
the aforesaid bond or bonds in full force and effecl 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 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:
TWELFTH: This agreement contains the entire agreement of the parties as to the matters set forth
herein. No waiver of anyterm 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 whach
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
Engineer, to terminate all rights of Developer because of such default. The determination by the City Engineer
of the question as to whether 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 interest 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 lo commen@
construction shall not reliove the Developer or surety from completion of the improvements required by this
agreement.
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9r!
City of Menifee
29844 Haun Road
Menifee, CA 92586
CITY OF MENIFEE
Develooer
Lennar Homes of Califomia, lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
ort"o, N\0t l \6S .2020 Its Manger:
By:
Dated:2020 CIry OF MENIFEE
By:
By
Bill Zimmerman, Mayor
ATTEST
By
By
Jonathan G. Smith, Public Works Director/
City Engineer
APPROVED AS TO FORM:
By:
Sarah Manwaring, City Clerk Jeffery T. Melching, CityAttorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
NIUiIN@IIZSII
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lN WITNESS WHEREOF, Developer has affixed his name, address and seal
Dated. _, 2021 By: Developer
July 21 .2021 CITY OF IVENIFEE
By O^t"tl P"lr[^
anre , City Engineer
CITY OF MENIFEE
By
lla, City Manager
ATTEST APPROVED AS TO FORM
By t-rfi-'i ttt Jiliu,trt &1 tltuu,lBySaraL- [.. l,tauw
anwanng,City Clerk .tffiney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
Dated
-i
A notary pU blic or othef oficer completi ng th is
certificate only the identity of the individual
who signed the document to wh ch this certificate IS
and the truthfu Iness accutacy or
VA of that docu ment
ACKNOWLEDGMENT
State of ta
County of
On before me,
(insert name an tit e of the offcer)
personally appeared
who proved to me on the basis of evidence to be the person(I) whose namef+subscribed to the within instrument and acknowledged to me that heAtrdtlruy executed the same inhis/lrer/thlir authorized capacity(1ss), and that by his/hsr/fteir signaturd'(s) on the insbument thepersonls), or the entity upon b€half of which the personls)acted, executed the instrument.
I certifo under PENALry oF pERJURy under the raws of the state of carifornia that the foregoingparagraph is true and conect.
WITNESS my hand and offciat seal.OEIH IRULEY
Not.ry Publl(. C.lifornl.
Rivarrldr County
comml$ion, 2247751
y Comm, Explr.! Jul 24, 2022
I
Signature (seal)
verifies
attached,not
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