Image_520AGREEMENT
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
This AGREEMENT FORON-SITE LANDSCAPE IMPROVEMENTS ("Agreement") is
made and entered into as ofthe 4TI'\ 4ayof -.}U rrL ,2022,by and between ihe CITY OF
MENIFEE, a Califomia .nuni.ipu-l .orpoiution. (C,ty) und, Pulte Aomes, a Califomia Limited
Liability Corporation ("Landowner").
WITNESSETH
L Landowner, for and in consideration of the approval of a minor plot plan for
landscape and inigation 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. PLN22-0069), which is located on the southeast comer of north of
Domenigoni, west of Briggs and East of Lindenberger within the Menifee Village Specific Plan,
APN 340-640-029, (the "Property"), agrees, at Landor.mer's own cost and expense, to fumish all
Iabor. equipment, and material necessary to perlorm 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 lor the
development of said entitlement which have been approved by City's Community Development
Direotor, and are on file in the Office of the City ol 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 ol
the Work shall be done under the inspection of and, to the satisfaction of,, City's Community
Developmenl Director and shall not be deemed complete until approval ofthe finat 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 Workis SIX HUNDRED TWENTY ONE THOUSAND SIX HUNDRED FIFTY SEVEN
DOLLARS AND TWf,NTy FOUR CENTS ($621,657.24).
2- Landowner agrees to pay to City the actual cost ofsuch inspections ofthe 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 lees incurred by City in successfully enlorcing such
obligations shall be paid by Landowner including reasonable attomeys' fees, and that upon entry
ofjudgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
a To the fullest extent permitted by law (including, without limitation, Califomia
Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnifr, and hold lree and harmless City and City's agents, officers, and
employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
l6rlrr)llll5ll-0001
86] 088I r05 l8 tl
representatives, or subcontractors of Landowner [collectively, the "Landowner Entities"]),
expense, and liability of every kind, nature, and description (including, without limitation,
incidental and consequential damages. court costs, attomeys'fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of investigation)
that anse out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct ofLandowner, 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
implementation of this Agreement. Such obligation to defend, hold harmless, and indemnifo 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.
t 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 waming 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 ability to
monitor, assess, and inspect the progress and manner of the Work,
7- Landowner shall comply with all applicable local, state. and federal laws and
regulations applicable to the performance ofthe 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 ernployed within
the United States. Any and all work subject to prevailing wagesi as determined by the Director of
Induslrial Relations of the State of Califomia, 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
fiom the Califomia Department of Industrial Relations ("DIR') pursuant to Califomia 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.
-2-267r/011It58-0001
8621088 2 aoJ'18/22
& Iflandowner, 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 Cornmunity Development Dilector,
or if Landowner violates, neglects, refuses, or fails to perform satisfactorily any ofthe 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. PLN22-0069) ofLandowner
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 Agreement or any portion thereof. No delay
or omission in the exercise ofany right or remedy by City shall impair such right or remedy or be
construed as a waiver. City's consent or waiver ofone act oromissionby Landowner shall notbe
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 Govemment 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 further 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 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 lierein, ifLandowner 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 ofthe 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 ofany instruments or letters ofcredit 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 his/her option or upon request of Landowner, 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- 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 retumed
by City to Landowner.
2671/011858-0001
8621088.1a05/18/22 -3-
12. This Agreement shall be binding upon Landowner and its heirs, executors,
administrators, successors, or assigns, all and each both jointly and severally.
13= With the exception ofthe 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 ifany part, term, or provlslon
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 marital status in connection with or related to the performance of this Agreement.
U- The laws of the State of Califomia shall govem this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. ln the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
l& 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 Agreement, such party is
formally bound to the provisions of this Agreement.
!9. 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:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
To Landowner:
Pulte Homes i;MP/.\N'l I LLC
27 401 Los Altos Suite 400
Mission Viejo, CA 92691
Isignatures on following page]
-4-26? I ,01 I 858-000 I
8621088.2 a05rl8/22
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the
date and year first above written
Pulte Homes aC
("Landowr.rer")^rPANy/ LL<-
1Dated
Dated
CITY OF MENIFEE
("City")
Dated
Approved as to Form:
T. Mel
City Attomey
By
for Presiden{462ffiffiegory I Officer)
PUIIE Tl(,i,lE @IPAT{Y tLCDirlcb. ol l.lrdEntt rncnts
(Print Name)
(Title)
(Signature for Secretary or other Category 2 Officer)
(Print Narne)
(Title)
Cheryl Ki
Communitv CVelopmen
Ct By
-5-
c
267lr0ll R58,0001
8611088 2 aoJrl8 22
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 ofthat document.
STATE OF CALIFORNIA
COUNTY OF O.PANE,E
On JUNE I '?a2-2-before me,C")RtstlA TnAz
ss.
)
)
)
Notary Public,
personally appeared
ISEAL]
(here insen name ard title of the ofTicer)inl$flAl L BoLH
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(+) is/e+e
subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same in
hislherAheir authorized capacity(ies), and that by his/he#their signature(+) on the instrument the
person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the Iaws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature A--.-z Z
,
,ffi^ crEsrDr or^z
w",;fi#Hi;;,.
:67t/011858-0001
86: I08E.2 a05/18/22 -6-
ACKNOWLEDGMENT
HOA STREETSCAPES & SLOPES LANDSCAPE PLANS FOR:
TR 32102 BANNER PARK POC 8
MENIFEE, CA.
FOR
PULTE HOME COMPANY LLC
27401 LOS ALTOS, MTSSION VIEJO, CA 9269r
PHONE: (951) 538-5835 CONTACTT STEVE FORD
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IMPROVEMENT REQUIREMENT WORKSHEET
POC 8 - STREETSCAPES ANO SLOPES LANDSCAPE PLANS
BANNER PARK HOA PLN21-xxx
LANOSCAPE
5,931 00$LF 900$659Concrete irow Curb
19,620.00$1 090 LF 18.00$Vinyl Fencing
42,976.00$10,744 SF 400$Decomposed Granite
25.00$4,350.00$174 EAVlnes (5 Gallon)
25.00$000$EAV nes (1 Ga lon)
60,600.00$EA 300.00$202Trees ( 24" Box)
27 ,612 00$EA 6.50$4.248Shrubs (1 Gallon)
44.704.00$EA 16.00$2194Shrubs (5 Gallon)
7,900 00$EA 100.00$t9Shrubs (15 Gallon)
42,927 00$SF 050$85,854Mulch - 3" deep shredded wood mulch
000$SF 1.00$Turf
SF 200$171,708 00$85,854lrrigation
EA I 20,ooo.oo 20,000 00$1lrrigation booster pump
SF 4.20$17,170.80$85,854Fine grading $ 12.500.00 12,500 00$1 EA
$ 10.000.00 10,000 00$1 EAElectnc Meter (Duel meter pedestal)
SF 035$30,048.90$85.854One Year Landscape Maintenance
518,0ir7.70Subtotal
103,609 54$B Administrative Contingency (20% x A)
41,443 82$CM - lnspection - LC (8%)
621,657.24$D Park Total (A + B)
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