Image_521AGREEMENT FOR
LANDSCAPE TMPROVEMENTS
This AGREEMENT.fOR LANDSCAPE IMPROVEMENTS ("Agreernent") is made and
entered into as of the /fll a^: ol il-o rrY .2018. b1 und b.t*..n the CITY oF
MFNIFEE. a Calilornia municipal corporation. glC ity" t and PUL f E HOME CO. LL(' a Calilbmia
Limited Liability Corporation ("Landowner").
\\,ITNESSETH
2- Landowner agrees to pay to City the actual cost of such inspections of the
Landscape area as may be required by City's Community Development Director. Landowner and
City Iurther agree that if suit is brought upon this Agreement or any securitl guaranteeing the
completion of the landscape area, all reasonable costs. expenses. and fees incurred by City in
successfully enforcing such obligations shall be paid by Landou,ner including reasonable
attorneys' f'ees, and that upon entry ofjudgment, such costs, expenses, and fees shall be taxed as
costs and included in any judgment rendered.
I To the f'ullest extent permitted by law (including, without limitation. Calitbrnia
Civil Code Sections 2782 and 2782.6\, Landowner shall defend (with legal counsel reasonably
acceptable to City), inderrnify. 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. injurl
(including, without limitation. injury to or death of Landowner or any officers, agents, employees,
representatives. or subcontractors of Landowner Icollectively. the "Landow,ner Entities"]).
expense. and liability ol every kind. nature. and description (including. without limitation.
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l- Landowner, for and in consideration ofthe approval ofa minor Plot Plan to install
and maintain all landscape. including any additional landscape materials. related to Tract 28206.
as shown on Exhibit L andior Plot Plan No. 201 7-394, Open Space Lot 64. (the "Prope(y"). agrees.
at Landowner's own cost and expense. to furnish all labor. equipment. and material necessary to
perfbrm and complete all landscape, as it relates to the landscape and irrigation improvements.
Landowner also agrees that it shall maintain for a period of twelve ( l2) months alter 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
Menit'ee Community Development Department, and to do all work incidental thereto in accordance
with the standards set forth in Menifee Municipal Code Chapter 9.86 and Menil'ee Municipal Code
Chapter 15.04, u,hich are expressly made a part of this Agreement. which are attached hereto as
Exhibit L to this Agreement. All ofthe Landscape shall be done under the inspection of and, to
the satisfhction of. City's Community Development Director and shall not be deemed complete
until approval of the final inspection is made by City's Community Development Director. The
estimated cost of the landscape installation and one year maintenance is SE_EU,NIQEBED
THIRTY THREE THOUSAND. NINE HUNDERED EIGHTY NINE DOLLARS AND 60
cENTS ($133.989.60).
incidental and consequential damages. court costs. attorneys' l-ees. litigation expenses. and l'ees of
expert consultants or experl witnesses incurred in connection therew ith 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 willt'ul misconduct ofLandowner. any of the 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 oIthis Agreement. Such obligation to def-end. hold harmless. and indemnify any
lndemnitee shall not apply to the extent that such Liabilities arc caused by the sole negligence or
r.r illlu I misconduct oIsuch Indemnitee.
4. l.andowner herebl grants to City. and to an] agent or employee of City. the
irrevocable permission to enter upon the Propenl, lbr the purpose of inspecting the landscape area
or deterrnining compliance with this Agreement. This permission shall terminate in the event that
Landowner has completed the l.andscape area within the time specified or any extension thereol'
granted by City's Community Development Director. and upon the City's Community
Development Director's Iinal approval of the landscaped area.
5= Landowner agrees at all times. up to the conrpletion and written approval of the
l-andscape area work by City's Community Development Director, to give good and adequate
warning to the traveling public oleach and every dangerous condition caused by the landscape
area. and to protect the traveling public lrom such det'ective or dangerous conditions.
h- Landowner. or its agents and employees. shall give notice to Citl's Communitl,
Development Director at least tbrty-eight (48) hours before beginning the landscape area work.
Furthermore. Landowner shall provide City's Community Development Director with any and all
infbrmation orany other malerials. 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 ofthe landscape area work"
L Landowner shall comply with all applicable local. state, and federal laws and
regulations applicable to the perlcrrmance of the landscape area work. Landowner shall not hire
or employ any person to perfbrm work within City or allow any person to perform the requircd
under this Agreement unless such person is properly documented and legally entitled to be
employed within the United States. Any and all work subject to prevailing wages. as determined
by the Director of lndustrial Relations of the State of Califomia. uill be the minimum paid to all
laborers. including Landowner employees. contraclors. and subcontractors. It is understood that
it is the responsibility ol Landowner to determine the correct scale. The State Prevailing Wage
Rates may be obtained fiorn the Califomia Department of lndustrial Relations ("DlR") pursuant
to Califbmia Public tJtilities Code. Sections 465,466. and 167 by calling 1t5-703-4'774.
Appropriate records denronstrating compliance with such requirement shall be maintained in a sali
and secure location at all tirnes, and readily available at City's request. Landowner and all
Landowner Entities shall obtain and maintain a City of Menif'ee business license. Landowner shall
require the same ofall contractors and subcontractors.
& If Landowncr. or its agents or employees. neglects. ref'uses. or f'ails to prosecute the
Landscape area with such diligence as to insure its completion uithin the speciiied time. or within
such extensions of time as have been. or may be. granted by City's Community Development
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Director. or il [,ando*'ner violates. neglects. refuses. or lails to perform satisfactorily any of the
provisions of the plans and specifications. Landowner shall be in deiault of this Agreement and
notice in writing ofsuch default may be served upon Landowner. City's Cornrnunity Developnrent
Director shall have the power to terminate all rights (granted by TR28206. Plot Plan 2017-394) of
Landowner due to such det'ault. 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 pertbrmed satisf-actorily shall be conclusive upon Landowner,
and any and all parties who may have any interest in this Agreement or any portion thereol-. No
delay or omission in the exercise of any right or remedy by City shall irrpair 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 w,ith respect to any subsequent act
or onrission by Landowner. Any waiver of any default shall be in r.vriting. The foregoing
provisions of this Section shall be in addition to all rights and remedies available to City under
lau,.
9- Prior to the date this Agreement is executed. Landor.vner agrees to tile with City
good arrd sufficierrt security as provided in subsections (l). (2). and (3) of subdivision (a) ol-
Section 66499 of the Covernment Code in any anrount not less than the estimated cost of the
Landscape area for the f-aithtirl perfbrmance ofthe terms and conditions ofthis 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. Landorvner further agrees
that if the security is a bond and if the sureties on the t'aithful perlormance bond or the amount of
said bonds in the opinion of City's Cornmunity Development Director becomes insulflcient.
Landowner agrees to renew each and every bond or bonds r.vith good and sutlicient sureties or
increase the anrount of said bonds. or both. r.vithin ten (10) days afier being notified by City's
Community Developrrent Director that the sureties or amounts are insuf-ficient. Notwithstanding
any other provision herein. if Landou,ner fails to take such action as is necessary to comply with
said notice. Landowner shall be in default of this Agreement unless all required lvork is completed
within ninety (90) days of the date on which City's Community Development Director notifies
Landowner ofthe insufficiency of the sureties or the amount of the bonds or both.
-lO lt is l'ufther 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 Landscape area
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 l'urther agrees to maintain the afbresaid bond or
bonds or the issuance ofany instruments or letters ol'credit in f'ull lorce and effect during the term
of this Agreement, including any extensions of time as may be granted thereon.
Ll- Upon the satisfactory completion and wrilten approval of the Landscape area by
City's Community Development Director. the entire amount of the security shall be released or
returned by City to Landowner.
)Z This Agreement shall be binding upon Landowner and its heirs. executors.
administrators, successors, or assigns, all and each both jointly and severally.
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1l= With the exception ol the specific provisions set fbrth in this Agreement. there are
no intended third-party beneticiaries under this Agreement and no such olher third parties shall
have any rights or obligations hereunder.
14. lt is understood and agreed by the parties hereto that ilany part. term, or provision
of this Agreement is held to be unlawl-ul and void, the validity olthe remaining portions shall not
be aff-ected and the rights and obligations ol the parties shall be construed and enlbrced as if this
Agreement did not contain the particular part. term. or provision held to be invalid. No waiver of
an) term or condition of this Agreement shall be a continuing waiver thereof-.
1i 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 r.r,ith or related to the pertbrmance of this Agreement.
]L The laws of the State of Calilbrnia shall govern this agreemenl. In the evenl of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Rivcrside. California. In the event oflitigation 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 behallolthe parties hereto r\arrant that
(a) such party is duly organized and existing. (b) they are duly authorized to execute and deliver
this Agreement on behallof said party, and (c)by so executing this Agreement, such partl is
formally bound to the provisions of this Agreement.
19. 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 tbllowing addresses:
To City City of Menifee
Community Development Department
29714 Haun Road
Menif'ee. CA 92584
-['o Landorl ner Pulte Home Co. LLC
27401 Los Altos.. Suite 400
M ission Viejo. CA 92691
I signatures on fbllowing page]
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IN WITNESS WHEREOF, Landou'ner and City have executed this Agreement as of the
date and year first above written.
Pulte Hornc Co. LLC
("[-andowner")
Dared :!-urq \1."0t6 BiI (si tbr Presi to Category I Officer)
DARREN WARRFN
( Print Name)Vice Pr6ident Llnd
Acquisitions & Devllopmenr
(Title)
Dated:
r Secretary or other Category 2 Ollicer)
( Print Name)sol{ rt BoKHART
PULTE TIOi'E COiIPANY LTC
Dklctor ol L.rd
PLnnioS & Entitlrmnts
(Title)
CITY OF MENIFEE
("City")
Dated:slghK B1rvIV Cheryl Ki
Comm un it evelopnr Director
Approved as to Form:
T. Melchine
( S igna
5
(i Attorney
ACKNOWLEDGMENT
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
valid of that document
State of California
County of Orange )
on T ltglLB before me,Maziar Safie Soltani, Notary Public
(insert name and title of the officeo
personally appeared Darren Warren
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 behalf of 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 MAZIAR SATIE SOLTANI
Notiry Public - Calilornia
0rrnge Counly
Commission # 2169884
z
M Comm Ex ir€s 0c128. 2020
Signature (Seal)
ACKNOWLEDGMENT
County of Orange )
on TltgltB before me, Maziar Safie Soltani, Notary Public
(insert name and title of the officeo
Sohail Bokhari
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 instrumenl the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under lhe laws of the State of California that the foregoingparagraph is true and correct.
WITNESS my hand and official seal MAZIAR SAFIE SOLTANI
ilota.y Publlc . Calrlornia
0range County
Commission # 2169884
zz
Cornm. Expires 0ct 28,2020Signature(Seal)
A notary public or other officer completing this
certificate verifles 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
personally appeared