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Image_527AGREEMENT TRACT 28206.1 / PARK SITE FOR PRECISE GRADING & LANDSCAPE PROJECTS GP18-004P This Agreement, made and entered into by and between the City ol Menif ee, State of California, herein called City, and Pulte Home Co., LLC, a California Limited Liability Company, hereinafter called Developer. WITNESSETH SECOND: Developer agrees to pay to the City the actual cost of such inspections of the work as may be required by the City Engineer. Landowner lurther agrees that il suit is brought upon this agreement or any security guaranteeing the completion of the work, all costs and reasonable expenses and fees tncurred by the City in successfully enlorcing such obligations shall be paid by Developer, including reasonable attorney's Iees, and that upon entry of judgment, such costs, expenses, and ,ees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not nor shall any o{ficer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the works specilied in this agreement prior to the completion and approval hereof , nor shall City or any off icer or employee thereof be liable for any persons or property injured by reason oI the acts or omissions of Developer, his agents or employees in the performance of the work, and all of said liabilities are assumed by Developer. Developer agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions ol Developer, his agents and employees, in the performance of this agreement, or arising out ol the use of any patent or patented article in the performance ol this agreement. FOURTH: The Developer hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter, upon the lands ol the above referenced land division for thepurpose of inspecting or completing the grading project. This permission shall terminate in the event that Developer has completed the work withln the time specilied or any extension lhereol granted by the City Engineer. FIFTH: Developer agrees at all times, up to the completion and approval of the work by thecity Engineer, to give good and adequate warning to the traveling public of each and every GP I 8-004P Grading Agreement FIRST: Developer, for and in consideration ol the approval oi a grading plan and the issuance of a grading permit on that certain land divrsion known as Pulte Home Co.. LLC , agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete, and within 24 months from the date this agreement is executed, to perform and complete in a good and workmanlike manner, said grading in accordance with the grading plans for the development of said land division which have been approved by the, City Engineer, and are on lile in the City, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 457, as amended, which are expressly made a part ol this agreement. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the grading project is made by the City Engineer. The estimated cost of said work is the sum of Seven Hundred Nine Thousand and no/l00, Dollars $ 709.000.00 which covers Erough grading only, E precise (fine) grading and Landscape only, tr both rough and precise (fine) grading. dangerous condition caused by the grading project, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Developer, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full inlormation respecting the progress and manner of work. SEVENTH: ll the Developer, or his agents or employees, neglects, ref uses, or lails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions ol time as have been granted by the City Engineer, or if the Developer violates, neglects, refuses, or fails to perform satisfactorily any ol the provisions of the plans and specifications, he shall be in delault of this agreement. The City Engineer shall have the power to terminate all rights ot the Developer because of such default. The determination ol the City Engineer 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 the Developer, and any and all parties who may have any interest in the agreement or any portion thereof. The loregoing provisions ol this section shall be in addition to all rights and remedies available to the City under law. EIGHTH: The Developer agrees to f ile with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the work for the faithlul performance 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 of cash or its equivalent as determined acceptable by the City Engineer. Developer further agrees that if in the opinion ol the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provision herein, il Developer fails to take such action as rs necessary to comply with said notice, he shall be in derault of this agreement unless all required works completed within 90 days of the date on which the City Engineer notifies the Developer ol the insufliciency of the sureties or the amount of the bonds or both. NINTH: lt is f urther agreed by and between the parties hereto, including the surety or sureties on the bonds or lhe issuers of any instruments or letters or credit 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 ol time may be granted trom time to time by the City Engineer either at his own option or upon request ol the Developer, and such extensions shall in no way aflect 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 fullforce and elfect during the terms of this agreement, including any extensions ol time as may be granted thereon. TENTH: Since the work described in the Iirst paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said work by the City Engineer, $709.000.00 of the security applicable thereto shall be released or returned by the City to the Developer within 30 days.. GP I 8-00"1P Grading Agreement ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally. TWELFTH: lt is understood and agreed by the parties hereto that il any part, term or provision ol this agreement is determined by the Courts to be unlavvful 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 the agreement did not contain the partrcular part, term or provision held to be invalid. No waiver of any term or condition of this agreement shall be continuing waiver thereol. THIRTEENTH: The grading operation will conform to the contract documents and the Department ol Building and Sajety, County oJ Riverside Grading Notes (2007 CBC), attached. Any conflict or discrepancy between the drawings and the Grading Notes shall be brought to the attention of the City Engineer who will issuing a ruling. FORTEENTH: The grading operation shall obtain a General Construction Permit from the Calilornia Water Quality Control Board and conform to all requirements. This permit shall override any conf licting requirements in the Grading Notes (2007 CBC), attached FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation according to Sections 300 and 301 of the latest edition of the Standard Specilications lor Public Works Construction. The geotechnical quality control will be under the supervision ol a registered geotechnical engineer in the State of California. SIXTEENTH: The City may elect to pedorm geotechnical quality assurance of the grading operation which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant free access lo the City Engineer, his staff and consultants to perform inspections and quality assurance sampling and tests. EIGHTEENTH: 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: NINETEENTH: This agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereol. GP I 8-004P Grading Agreement CITY City of Menif ee 29714 Haun Road Menif ee, CA 92586 Dated Developer Pulte Home Co., LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 ME,ND SEAL.IN WITNESS WHEREOF, LANDOWNER HAS AFFIX ISN Dated:Z,F , 2018 By ,2018 E NAME HERE soru[ Bol(lufl PUTIE }OT,E @TPAtlY ItC Dhcb. ol l,laPlffikBg Ei LililE CITY OF MENIFEE By: than G. Sm rh, blic Works Director / City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE BESS GP I 8-004P Grading Agreement ACKNOWLEDGMENT A notary public or other officer completing this certiflcate 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 t0l22ltg before me,Maziar Safie Soltani, Notary Public (insert name and title of the office| 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. 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 NAZTTR Srttt sotrrlt iobry Public . c.lilotnia 0rrnga CounlY Co,nmirtion , 21698E1 Comm. tx rrrr oct 2E Signature (Seal)