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Image_526AGREEMENT TRACT 28206-3 FOR THE PLACEMENT OF SURVEY MONUMENTS This Agreement lor placement of Survey Monuments ("Agreement") is made and entered into by and between the City ol Menifee, State of California, herernafter called City, and Pulte Home Co.. LLC , a Limited Liability Company, hereinafter called Developer. WITNESSETH: FIRST: Developer, as Tract 28206-3, hereb as part of the City's consideration oI the final map for that certain land division known y agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to set, within Seven Hundred and Thirtv Davs from the date this Agreement is exec in a good and workmanlike manner, all survey monuments and tie points and {urnish to the City Survey uted, or tie notes for said tract in accordance with standards set lorth in Riverside County Ordinance No. 46'1 , or any successor thereto, and Section 8771 et seq. of the Business and Professions Code ol the State ol California. The Developer further agrees to pay, within 30 days of presentation to Developer of the final billing ol any surveyor or engineer for work per{ormed by him as provides lor in Article I of Chapter 4, Division 2 ol Tille 7 ol the Government Code of the State of Calilornia (commencing with Section 66495). Developer further agrees that if payment to the Surveyor or engineer is not made within 30 days, the surveyor or engineer notifies City that he has not been paid for setting the final monuments, and the City of Menifee, pursuant to Section 66497 oI the Government Code, after providing Developer with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by City to the engineer or surveyor, Developer will, upon demand, and without prool of loss by City, reimburse City ior any funds so expended. Notwithstanding any other provision herein, the determination of City as to whether the surveyor or engineer has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest in the Agreement or any portion thereof. All the above required work shall be done under the inspection of and to the satisfaction ol the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period oJ one year following acceptance by the City, and during this one year period to repair or replace, to the satisiaction o{ 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 lSg]L@ Thousand Five Hundred and no/100, Dollars,$72,500.00 , ("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 lor the lavyful construction of the work and performance of 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 oi such inspections ol 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 lees {or checking, filing, and processing of improvement plans and specifications and lor inspecting the construction of said work. These lees must be paid in full prior to approval o{ the final map and improvement plans, unless such fees have not yet been assessed and are not 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 subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer irom paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion o{ the road and drainage improvements, all costs and reasonable expenses and lees incurred by City in successfully enlorcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and ,ees 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 oflicer or employee ol City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance lhereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason ol the nature of the work, or by reason of the acts or omissions oI Developer, its agents or employees, in the perlormance oJ the work, and all or said liabilities are assumed by Developer. Developer shall delend, 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 ol Developer, its personnel, employees, agents, or contractors in connection with or arising out o, construction or maintenance of the work contemplated under this Agreement, or performance ol this Agreement. This indemnification includes, without limitation, the payment of all penalties, Iines, judgments, awards, decrees, attorneys' Iees, and related costs or expenses, and the reimbursement of City, its elected officials, oflicers, employees, and/or agents lor all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of 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 willful misconduct of City as determined by a court or administration body ot competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers. FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division lor the purpose of completing the improvements. This permission shall terminate 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 lor 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 ol 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 of 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 of the works of improvement at all times up to the completion and formal 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 (aB) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to Jacilities for obtaining full information with respect to the progress and manner ol work and shall f ully cooperate with any investigation regarding the same. SEVENTH: lf Developer, its agents or employees, neglects, reluses, or lails to prosecute the work with such diligence as to insure ils completion within the specified time, or within such extensions ol time which have been granted by City, or if Developer violates, neglects, refuses, or fails to pedorm satisfactorily any of the provisions of the plans and specifications, Developer shall be in delault ol this Agreement and notice ol such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result oJ 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 partres who may have any interest in the Agreement or any portion thereol. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete 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 that 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 jor the faithJul 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 claims to which reJerence is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code ol the State of CaliJornia. 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, il Developer Jails to take such action as is necessary to comply with said notice, Developer shall be in default ol this Agreement unless all required improvements are completed within ninety (90) days ol the date on which the City Engineer notified Developer of the insufficiency ol the security or the amount ol 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 ol completion ol the work contemplated to be done under this Agreement, extensions ol time may be granted in writing, lrom time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way aflect the validity of this Agreement or release the surety or sureties on such bonds. Developer lurther agrees to maintain the aforesaid bond or bonds in lull force and effect 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 remaining portions shall not be affected and the rights and obligations o{ the parties shall be construed and enforced as il the Agreement did not contain that particular part, term or provision held to be invalid. ELEVENTH: This Agreement contains the entire Agreement ol the pafties 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 of 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, court 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 to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are lormally bound to the provisions ol this Agreement. FIFTEENTH: Developer shall not assign, hypothecate, or lransfer, 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 transleree 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 transler shall not release or discharge Developer lrom any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee 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 perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specirications, standard drawings, and special amendments thereto on file 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 wrth the standards general recognized as being employed by professionals in the same discipline in the State of Catifornia. Developer represents and maintains that it or its contractors shall be skilled in the plofesslonal calling necessary to perlorm the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement. The agreement, hypothecation, or transfer shall be to the satisJaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of linancial security, satisfactory to City and approved by the City Attorney, to guarantee construction o{ the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer ol the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure lhe pedormance of any of the work covered by this Agreement not assigned, hypothecated, or transf erred. SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the pafties had executed the same instruments. EIGHTEENTH: This Agreement is to be governed by the laws of the Stale 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 lollowing addresses: AXv Developer City oI lvlenifee 29714 Haun Road Menifee, CA 92586 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 Agreemenl, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Pulte Home Co., LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 TWENTY-FIRST: Each and all of the covenants 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. Dated:TLi\- t ,2018 By: Sohail Bokhari Director of Land ,l ,201qDated: CITY OF MENIFEE h Manw , City C By '-YA'h/- ,,ttTinldefian, Mayor athan G. Smith, Public Works Director/ ity Engineer APPROVED AS TO FORM: By: . Melching,c rney By: ATTEST: By n SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE lN WITNESS WHEREOF, Landowner has affixed his name, address and seal' 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 of that document. State of California County of Orange ) on 4lt6lt8 before me,Maziar Safie Soltani, Notary Public (insert name and title of the office0 personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal MAZIAR SATIE SOLTAI{I Notary Public - C8lr,ornlr 0ranee County Commission t 2169884 zz Comrn. €r 0ct 28. 2020 Signature (Seal) ACKNOWLEDGMENT I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.