Image_522AGREEMENT FOR
LANDSCAPE IMPROVEMENTS
-fhis AGREEMENT FOR
enlered into as o[ rhe /4* au
ML.N IF LE. a Crlilorniri Iipo
of <-.1 o
LANDSCA PE IMPROVEMENTS ("Agreement") is made and
. 20 I 8. by and between the CITY OF
I corporation. (City") and PULTE HOME CO. LLC a Calilornia
Limited Liability Corporation ("Landowner")
WITNESSETH
l- Landowner, fbr and in consideration of the approval ofa minor Plot Plan to install
and maintain all Iandscape. including any additional landscape materials. relared to Tract 28206.
as shown on Exhibit L and/or Plot Plan No. 20 I 7- l 93, open Space Lor 65. lthe "property"). agrees.
at Landowner's own cost and expense. to firrnish all labor. equipment, and material necessary to
perlorm 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 ( I 2) months after its Bullding
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 accordancewith those landscape and irrigation plans for the development olsaid entitlement lvhich have been
approved by city's community Development Director. and are on file in the oflice ol.the city of
Menifee Community Development Department, and to do allw,ork incidental thereto in accordance
with the standards set tbnh in Menif'ee Municipal Code chapter 9.86 and Menit-ee Municipal code
chapter 15.04. which are expressly made a pan of this Agreement. which are attached hereto as
Exhibit L to this Agreemenr. All of the l.andscape shall be done under the inspection of and, to
the satislaction of. city's Community Development Director and shall not be deemed complete
until approval oI the final inspection is made by city's communiry Developrnent Director. Theestimated cost of the landscape installation and one year maintenance is FORTY.FIVE
THOUSAND NIN E HUNDRED FIFTY.TWO DOLLARS AND SIXTY-SEVEN CENTS(S,15.9 52.67\.
L Landowner agrees to pay to City the actual cost of such inspections of the
Landscape area as may be required by City's community Developrnent Director. l-andowner andcity t'urther agree that if suit is brought upon this Agreement or any security guaranteeing the
completion ol the landscape area. all reasonable costs. expenses. and f'ees incurred by ciiy in
successfully enforcing such obligations shall be paid by Landowner including reasonable
attorneys' fees. and that upon entry ofjudgment, such costs. expenses. and fees shail be taxed as
costs and included in any judgment rendered.
l= '[o the lullest extent permitted by law (including. without limitation. Californiacivil Code Sections 2782 and 2182.6\, Landowner shall defend (with legal counsel reasonably
acceptable to city). indemnify. and hold free and harmless city and city's agents, officers. and
employees. (each. an "lndemniree") from and against any and all claims. loss. cost. damage, injurl
(including. without limitation. injury to or death of Landowner or any olficers, agents, eriployees.
representatives. or subcontractors of Landowner Icollectively, the --Landowner entitiis.];,
expense, and liability of every kind. nature. and description (including. without limitation.
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incidental and consequential damages. court costs. attorneys' fees. litigation expenses. and t'ees of
expen consultants or expert wilnesses incurred in connection therew,ith and costs of investigation )
that arise out of. perlain to, or relate to. directly or indirectly. in whole or in part. the negligence.
recklessness. or willful misconduct oll.andorvner. any ofthe Landowner Entities. anyone directll,
or indirectly employed by either the Landor.vner or Landowner Entities. or anyone that the
Landowner or Landowner Entities control (collectively. the "t-iabilities"). in connection with the
implementation olthis Agreement. Such obligation to def'end, hold harmless. and indemnify any
Indernnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
u illlul miscondrrct oI such Indemnitee.
4- Larrdowner hereby grants to City. and ro any agenr or employee of City. the
irrevocable permission to enter upon the Propeny lor the purpose of inspecting the landscape area
or determining compliance with this Agreement. This permission shall terminate in the event that
l.andowner has completed the Landscape area within the time specified or any extension thereof
granted by city's community Developrnent Director. and upon the City's communirv
Development Director's final approval ol the landscaped area.
t [.andowner agrees at all tirres. up to the completion and lvritten approval ofthe
Landscape area r.vork by city's comrnunity Development Director. to give good and adequate
warning to the traveling public ofeach and every dangerous condition caused by the landscape
area. and to protect the traveling public from such defective or dangerous conditions.
6- Landonner. or its agents and employees. shall give notice to City.s Communitl,
Development Director at least forty-eight (48) hours before beginning the landscape area work.
Furlhermore. [-andowner shall provide city's community Development Director with any and all
inlblnration or any other materials. deemed reasonably necessarv bl the Comrnunity Development
Director or its designee. to allow the City's Comrnunity Development Director or its designee the
ability to monitor, assess, and inspect the progress and manner ol the landscape "r.u *ork.
L Landowner shall comply rvith all applicable local, state. and federal laws and
regulations applicable to the pertbrmance of the landscape area work. Landowner shall not hireor employ any person to perform work within city or allow any person to perform the required
under this Agreement unless such person is properly documented and legally entitled to be
employed rvithin the United States. Any and all work subject to prevailing *ig.i. u, determined
by the Director of Industrial Relations of the State of Califbrnia, will be tlie minimum paid to all
laborers, including Landowner employees. contractors. and subcontractors. tt is understood thatit is the responsibility of Landowner to determine the correct scale. The state prevailing wage
Rates may be obtained fiom the calilornia Depafiment of Industrial Relations (..DIR") pursuantto california Public Utilities Code. Sections 465. 466. and 467 by calling 415-703-4174.
Appropriate records demonstrating compliance with such requirement shall be maintained in a safeand 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. Landownershall
require the same ofall contractors and subcontractors.
& lf Landowner, or its agents or employees. neglects. refuses, or fails to prosecute the
Landscape area with such diligence as to insure ils completion within the specified time. or wirhin
such extensions of time as have been. or may be. granted by City's Community Development
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Director, or if Landowner violates. neglects. refuses. ol thils to perform satisfactorily any of the
provisions of the plans and specifications. Landowner shall be in default of this Agreement and
notice in r.vriting ol such default ma"v. be served upon Landor.,uner. City's Communitl Development
Director shall have the porver to terminate all rights (granted b1 TR28206. Plor Plan 2017- 193) ol
Landou,ner due to such delault. The determination of City s Community Development Director
ol the question as to whether any of the terms of this Agreement or lhe plans and specitications
have been violated or have not been perlbrmed satistactorily shall be conclusive upon Landowner.
and any and all parties rvho may have any interest in this Agreement or anl portion thereot'. No
delay or ornission in the exercise of an), right or remedl by City shall irnpair such right or remedy
or be construed as a waiver. Citl s consent or waiver ofone act or omission by Landorvner shall
not be deemed to constitute a consent or $aiver of Cily's rights r.r,ith respect to any subsequent act
or omission by Landowner. Any waiver of any default shall be in writing. The fbregoing
provisions of this Section shall be in addition to all rights and remedies available to City under
lau,.
q Prior to the date this Agreemenr is executed. Landou,ner agrees to tile with City
good and sufllcient security as provided in subsections (l), (2). and (3) of subdivision (a) of
Section 66499 of the Covernment Code in any amount not less than the estimated cost ol the
Landscape area lor the fhithl'ul perftrrmance of the terms and conditions ol'this Agreement, except
that when the estimated cost of said work is $2.500 or less. the security shall be a deposit ofcash
or its equivalent as determined acceptable hy City, s Building Director. [-andolvner further agrees
that ilthe security is a bond and if the sureties on the faithful performance bond or the amounr of
said bonds in the opinion of Cit)''s Community Development Director becomes insutficient.
Landowner agrees to renew each and every bond or bonds with good and sulticient sureties or
increase the amount of said bonds. or both. within ten ( l0) days after being notified by City's
Comlnunity Development Director that the sureties or amounts are insulticient. Notu ithstanding
an; othcr provision herein. il l.andowner fails to take such action as is necessarl to comply with
said noticc. Lando,'r'ner shall be in detault ofthis Agreement unless all required work is completed
within ninety (90) days of the date orr which city's cornmunity Development Director notifies
Landor.vner ofthe insufUciency of the sureties or the amount olthe bonds or both.
1Q. lt is further agreed by and benr,een the panies hereto. including rhe surer) or
sureties on the bonds or the issuers of an1- instruments or letters ofcredit securing this Agreement.
that. in the event it is deemed necessar) 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 aflbct the validity of this Agreement or release
the surety or sureties on said bonds. Lando*ner further agrees to maintain the aloresaid bond or
bonds or the issuance olany instruments or letlers oflcredit in tull force and efl'ect during the term
of this Agreement. including an1 extensions of time as may be granted thereon.
Ll. Upon the satisfactory completion and writren approval of the l,andscape area by
City's Community Development Director^ the entire amount of the security shall be released or
returned b\ City to Landowner.
12. 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 of the specitic provisions set fbrth 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.
!!= It is understood and agreed by the parties hereto that ifany part. term. or provision
of this Agreement is held to be unlarvful and roid. the validitl'of the remaining poftions shall not
be affected and the rights and obligations ofthe parties shallbe construed and enforced as if this
Agreement did not contain the particular part. term. or provision held to be invalid. No rvaiver of
any term or condition of this Agreement shall be a continuing waiver thereoi
$. 'l hrs Agreement may' be executed rn multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Landowner shall not discriminate in an1 *a1. against an;,person on the basis of
race. color, religious cleed. national origin, ancestry. sex. age. physical handicap. medical
condition or marital status in connection with or related to the pertbrmance of this Agreement.
11- The laws of the State of Calilornia shall govern this agreemenr. In the event of
litigation between lhe pafiies, venue in state trial couns shall lie exclusively in the County ol
Riverside. Calilornia. In the event oflitigation in a U.S. District Court. venue shall lie exclusively
in the Central District olCalilornia. in Los Angeles.
_f& The person(s) executing this Agreement on behalfofthe panies hereto warrant thar
(a) such party is duly organized and existing. (b) they are duly authorized to eKecute and deliver
this Agreement on behalf of said party. and 1c1by so execuring this Agreemenr. such partl is
lormally 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 lollorving addresses:
To City City of Menifee
Community Development Department
297 l4 Haun Road
Menifee. CA 925 84
'l o Landowner Pulte Home Co. LLC
27401 Los Altos.. Suite 400
M ission Viejo. CA 92691
I signatures on following page]
4
IN WITNESS WHEREOF. Landor.r,ner and City have executed rhis Agreement as of rhe
date and year first above written.
Pulte Home Co. I -l.Cl
("Landowner")
Dated:(f.r,*l t1, Zor&B1'I (Signature for President or other Category I Officer)
Datcd /4 zor 6 B1
(Print Name)OARREN WARRENVlct Prdideot L.ndAcqulsitioB & D€r.lopment
(Title)
r gnatu r Secretary or other Category 2 Officer)
(Print Name)soHAtt SoxHARl
PULTE HOME COMPANY LLCDiractor ol Lr.d
Pl.nniog & Entitlcrncnls
CITY OF MENIFEE
("City"1
Dated:8
T. Melching
By'
(Tirle)
Cheryl Kitze
Community lopme lrectorcve
5
Citv Attornev
Approved as to Form:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the documenl to which this certificate is
attached, and not the truthfulness, accuracy, or
va lid
State of California
County of Orange )
on Tlr9ltB before me,Maziar Safie Soltani, Notary Public
(insert name and title of the officer)
persona lly appeared Darren Warren
who proved to me on the basis of satisfactory evadence 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
hisiher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(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 foregoingparagraph is true and correct.
MAZIAR SAFIE SOLTANI
Nolary Public - Catr,ornia
0range Counly
Co.nrnissron # 21698A1
z z
Signature l,{Comm. Er rres 0cl 28. 2020(Seal)
of that document.
WITNESS my hand and officrat seat.
County of Orange
ACKNOWLEDGMENT
before me,Maziar Safie Soltani, Notary Public
(insert name and title of the officeo
State of California
on 7l19ltB
personally appeared Sohail Bokhari
A notary public or other officer completing thrs
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the trulhfulness, accuracy, or
va lid i of that documenl
who proved to me on the basis of s
subscribed to the within instrument
atisfactory evidence to be the person(s) whose name(s) is/are
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacaty(ies), and that by his/her/their signature(s) on the inslrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the anstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.
MAZIAR SAFIE SOLTANI
Nolar/ PubliC - C alrl{,rnra
0range Counly
Commissron # 216983 1
M Comm. Er rres 0ct 28 2020
(Seal)
,
)
WITNESS my hand and official seat.
Signature