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Image_524AGREEMENT TRACT 28206-3 FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menilee, State of California, hereinafter called City, and Pulte Home Co.. LLC, a Limited Liability Company, hereinafter called Developer WITNESSETH: FIRST: Developer, as part of the City's consideration of the linal map for that certain land dtvision knownas Tract 28206-3 Oflsite , hereby agrees, at Developer's own cost and expense, to lurnish all labor,equipmentandmaterialSneceSsarytoperformandcomplete,within@from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans Ior said land division which have been approved by the City Engineer, a copy of which are on file in the oftice of the City ol l\ilenilee Engineering Department, and do all work incidental thereto in accordance with the standards set lorth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part oJ this Agreement. All the above required work shall be done under the inspection oI and to the satislaction ol the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer lurther agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction ol the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Two Hundred Fifty Five Thousand Thousand and no/100 Dollars, $ 255,000.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required Jor the laMul construction ol the work and performance ol Developer's obligations under this Agreement. Developer shall conduct the work in lull compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, liling, and processing of improvement plans and specifrcations and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are nol yet due and payable. The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivislon and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, il suit is brought upon thrs Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and lees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment. THIRD: City shall not, nor shall any officer or employee oI City, be liable or responsible lor any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature oI the work, or by reason oI the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer. Developer shall de{end, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in conneCtion with or arising out of construction or maintenance of the work contemplated under this Agreement, or perlormance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' iees, and related costs or expenses, ani the reimbursement of City, its elected officials, officers, employees, and/or agents lor all legal expenses, and cost incurred by each of them. This indemnification excludes only such ponion ot any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willlul misconduct ol City as determined by a court or administration body of competent juris'diction. beveloper's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, il any, received by City, its elected officials, officers, employees, agents, or volunteers. FOURTH: The Developer hereby grants to City, or any agent or employee ol City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall lerminate in the event that Developer has completed work within the time specilied or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notilies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance ol the any property owned by Developer in the amount equal to any unpaid Completion Cost. FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction oI the works of improvement at all times up to the completion and lormal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours. SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours beJore beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities lor obtaining full information with respect to the progress and manner of work and shall f ully cooperate with any investigation regarding the same. 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 lails to perform satisfactorily any ol the provisions of the plans and specifications, Developer shall be in delault of this Agreement and notice of such delault shall be served upon Developer. City shall have the power, on recommendation oI the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms o{ the Agreement or specifications have been violated, or have not been perlormed 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 remedres available to City under this Agreement or the law. The failure ol the Developer to commence or complete construction shall not relieve the Developer or surety lrom completion ot the improvements required by this Agreement. EIGHTH: Developer agrees to file with City, prior to the date lhat this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements lor the laithful performance of the terms and conditions of this Agreement, and good and suflicient security {or payment of labor and materials in the amount prescribed by Article XVll oI Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code ol the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient suretres or increase the amount of said bonds, or both, within ten (10) days after being notilied by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, il Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default oi this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer noti{ied 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 ol the work contemplated to be done under this Agreement, extensions ol time may be granted in writing, 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 oI sureties on such bonds. Developer further agiees to maintain the atoresaid bond or bonds in full force and effect during the terms ol this Agreement, including any extensions oI time as may be granted therein. TENTH: lt is understood and agreed by the parties hereto that il any part, term or provision of this Agreement is by the courts held to be unlalvful and vord, the validity ot the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enlorced as iJ the Agreement did not contain that particular part, term or provision held to be invalid. ELEVENTH: This Agreement contains the entire Agreement ol the parlies as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. TWELFTH: ln any action or proceeding arising out ol this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals' fees, coun costs, filing lees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings. THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties. FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized lo execute this Agreement on behall of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions oJ this Agreement. FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transreree shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assrgnee, hypothecate, or transleree shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. SIXTEENTH: Developer shall pedorm all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments theleto on lile with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skilllul and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have suflicient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualilications, and approvals shall maintained thloughout the term ol this Agreement. The agreement, hypothecation, or lransler shall be to the satislaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the propoied lots to inlorm successors and assigns of the required work covered by this Agreement to be constructed and their time lrame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligatlons so assigned and shall release to Developer any bonds or other security.posted to secure the work c6vered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to sLcure the performance of any ol the work covered by this Agreement not assigned, hypothecated, or transf erred. SEVENTEENTH: Thts agreement may be executed by the panies in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments. EIGHTEENTH: This Agreement is to be governed by the laws ol the State of California. NINETEENTH: 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: Arly Deve looer City of Menif ee 29714 Haun Road Ivlenilee, CA 92586 Pulte Home Co., LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. TWENTY-FIRST: Each and all of the covenanls and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation. lN WITNESS WHEREOF, Landowner has affixed his name, address and seal. Dated:LtL I ,2018 By: Sohail Bokharl Director of Land Dated CITY OF MENIFEE //,201E By: CITY OF MENIFEE athan G.S m blic Works Director/ ity Engineer APPROVED AS TO FORM: By: ery Melching,ttorney By BillZim ATTEST: . Mayor Man City Cle B n J SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE 1,,'A'h-' ACKNOWLEDGMENT A notary public or other officer completing this certrficate verifies 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 County of Orange ) on 4lt6lt8 before me. (insert name and title of the office| personally appeared Sohail Bokhari 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 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. MAZIAR SATIE SOTTAiII Nolsry Public - Calrlornlr 0ranee Couoty Commitsion * 2169884z zz M comm. E res 0ct 28.2020 Signature (Seal) Maziar Safie Soltani, Notary Public 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.