2020/05/15 Lennar Homes of California, Inc. Tract Map 31098/ IP19-024L Construction of Landscape ImprovementsDocusisn Envelope lD: 0897D1Dt8369-413F-92E&7AF9C4CB90AA
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-024L
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 called Developer.
WITNESSETH:
FIRST: Developel for and in consideration of the approval by City of the final map of that certain landdivision known as Tract Map 31098/|P19{24L, hereby agrees, at Developefs own cost and expense, tofumishall labor, equipment and materials necessary to perform and complete, within { months from the date this
agreement is executed, in a good and workmanlike mannel all road and drainage improvements in accordancewith lhose Road Plans for said land division which have been approved by the City Engineer, and are on file inthe 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 anjto the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted ascomplete by the City. Developer further agrees to maintain the above required improvements for a period of oneyear following acceptance by the City, and during this one year period to repair or replace, to the satisfaction ofthe City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees
that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost ofsaid work and improvements is the sum of rwo Hundred Eiqhtv Thousand and , Dollars, $280.000.00 .
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 that, if suit is brought uponthis agreement or any bond guaranteeing the completion of the road and drainage 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 ofjudgment, all s-uch costs, expenses andfees 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 occuning 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 injuredby reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents oi employees,
in the performance of the work, and all or said liabilities are assumed by Developer bevelopir agrees to protect,defend, and hold harmless City and the officers and employees thereof from all loss, liability oi claim becauseof, or arising out of the acts or omissions of Developer, its agents and employees, in the performance of thisagreement or arising out of the use of any patent or patented article in the performance of this agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the inevocablepermission to enter upon the lands of the subject land division for the purpose of completing tire improvements.This permission shall terminate in the event that Developer has completed work within the ti"me specified or anyextension 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 c€used or created by the construition of the woris of improvement atall times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
all persons from such hazardous or dangerous condilions by use of trafiic regulatory control meihods, lniluding,but not limited to, stop signs, regulatory signs or signals, bairiers, or detoursl
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.
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 speciflcations, Developer shall be in default of this agreement and notice of such
default shall be served upon Developer. City shall have the power, on remmmendation 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 farlure of the Developer to commence construction shall not relieve
the Developer or surety from completion of the improvements required by this agreement.
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 the work and improvements for
the faithful performance of the terms and conditions of this agreement, and good and sufficient security for
payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as
amended to secure the chims 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 Developor 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 request 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 efiect 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 renrraining 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 forthherein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof.
Docusign Envslope lD: 0897D1 DS8369-4'13F-92E8-7AF9C4CB90AA
DocuSign Envelop€ lD: 0897DlD$8369413F-92E8-7AFgC4CB90AA
lN WITNESS WHEREOF, Landowner has affxed his name, address and seal.
Dated:2020 Its Manger:
Dated:2020 CITY OF MENIFEE
By
aily
City of Menifee
29844 Haun Road
Menifee, CA 92586
CITY OF MENIFEE
By
Bill Zimmerman, Mayor
ATTEST:
By
Developer
Lennar Homes of California, lnc
980 Montecito Dr. Suite 302
Corona, CA 92879
By
Jonatha Smith, Public Works Director/
ci neer
APPROVED AS TO FORM:
By:
Sarah ring, City Clerk Jeffery T. Melching, CityAttorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
MntUh
By:
Docusign Envelope lD 4F57 ADCE MBS-447 7-83A3-892230D1 F193
lN WITNESS WHEREOF, Developer has affixed his name, address and seal
Dated ,2021 By. Developer
Dated luly 21 ,2021 CITY OF MENIFEE
By:0^^71l"ktl.
Da nre , City Engineera
CI
By
NIFEE
Arma la, City Manager
ATTEST APPROVED AS TO FORM
By Sual" fi. luanuanal By T.lvul;rJuv4,@nttor*
Sara anwaflng,City Clerk v ching. City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
A notary pubr c or ofncer completing this
certificate verifr only the identity of the tndividuawhossnedthedocumenttowhichthIScertificate Sattachedandnottheaccufacyorvadofthatdocument
ACKNOWLEDGMENT
State of C
County of ffS
On before me,
inserl name a title of th officer)
personally appeared
who proved to me on lhe bas sof satisfactory evidence to be the personfsi whose namefr) is/dlesubscribed to the within instrument and acknowledged to me that he/Shelthqy executed the same inhisiher/their authorized capacity(tcs), and that by his/her/their signature(s) on the instrument theperson\s), or the entity upon behalf of which the persorils)ac'ted, executed the instrument.
I certify under PENALry oF pERJURy under the raws of the state of carifomia that the foregoingparagraph is true and conecL
WITNESS my hand and official seal.
."
EETH sRULEY
Not.ry Publlc - (6Lilornla
Rlyeriide County
Commi$|on r 2247751x/ CoBm. trplres Jut 24. 2022
,
Signature (Seal)
other
truthfulness,
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