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Image_528AGREEMENT TRACT MAP 28206.3 FOR GBADING, EROSION CONTROL, NPDES and DHAINAGE PROJECTS This Agreement, made and entered into by and between the City of Menilee, State of California, herein called City, and Pulte Home Co., LLC, hereinalter called Developer. WITNESSETH FIRST: Developer, for and in consideration of the approval o{ a grading plan and the issuance of a grading permit on that certain land division known as TR 28206'3, agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete, and within 4 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 file in the City, and do all work incidental thereto in accordance with the standards setforth in Riverside County Ordinance No.457, as amended, which are expressly made a part of this agreement. All of the above required work shall be done under the inspection of and to the satislaction 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 Fortv Nine Thousand and no/100 Dollars $ 49,000.00 which covers Erough grading only, tr precise (line) grading only, tr both rough and precise (fine) grading. SECOND: Developer agrees to pay to the City the actual cost ol such inspections of the work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the work, all costs and reasonable expenses and fees rncurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any iudgment rendered. THIRD: City shall not nor shall any officer or employee ol City, be liable or responsible for any acctdent, loss or damage happening or occurring to the works specified in this agreement prior to the completion and approval hereof , nor shall City or any officer or employee thereof be liable for any persons or property injured by reason ol 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 thereoj lrom all loss, liability or claim because of, or arising out ol the acts or omissions of Developer, his agents and employees, in the performance ol this agreement, or arising out of the use oi any patent or patented article in the performance of this agreement. FOURTH: The Developer hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enler, upon the lands of the above referenced land division for the purpose of inspecting or completing the grading project. This permission shall terminate in the event that Developer has completed the work within the time specified or any extension thereol granted by the City Engineer. FIFTH: Developer agrees at all times, up to the completion and approval of the work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the grading project, and to protect the traveling public from such defectrve 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 lurnish said City Engineer all reasonable facilities lor obtaining full information respecting the progress and manner of work. SEVENTH: lf the Developer, or his agents or employees, neglects, refuses, or iails to prosecute the work with such diligence as to insure its completion within the specilied time, or within such extensions of time as have been granted by the City Engineer, or if the Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in detault of this agreement. The City Engineer shall have the power to terminate all rights ol the Developer because ol such delault. The determination of 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 per{ormed 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 oJ this section shall be in addition to all rights and remedies available to the City under law. EIGHTH: The Developer agrees to file with City prior to the date this agreement is executed a good and suflicient security as provided in subsections (1), (2) and (3) of subdivision (a) ol Section 66499 ol the Government Code in any amount not less than the estimated cost oI the work for the laithf ul peformance of the terms and conditions of this agreement, except that when the estimated cost of said work is $2,500 or less, the security shall be a deposit ol cash or its equivalent as determined acceptable by the City Engineer. Developer further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufticient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insuf{icient. Notwithstanding any other provisron herein, il Developer fails to take such action as is necessary to comply with said notice, he shall be in default ol this agreement unless all required works completed within 90 days of the date on which the City Engineer notifies the Developer of the insufficiency 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 the issuers ol 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 of time may be granted from time to time by the City Engineer either at his own option or upon request of 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 ol any instruments or letters of credit in fullforce and eflect during the terms ol this agreement, including any extensions of time as may be granted thereon. TENTH: Since the work described in the first paragraph of this agreement consists ol only rough or precise grading, upon the satistactory completion and final approval of said work by the City Engineer, $ 12.500.00 of the security applicable thereto shall be released or returned by the City to the Developer within 30 days. O{ the remaining $ 36,500.00 security (lor Erosion Control and WQMP) shall be retained. The remainder security shall be held until the Calilornia Water Quality Control Board issues a Notice of Termination. 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 if any part, term or provision ot this agreement is determined by the Courts to be unlawful and void, the validity oJ the remaining portions shall not be atlected and the rights and obligations o{ the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. No waiver of any term or condition of this agreement shall be continuing waiver thereof. THIRTEENTH: The grading operation will conform to the contract documents and the Department of Building and Safety, County oJ Riverside Grading Notes (2007 CBC), attached. Any conflict or discrepaniy between the drawings and the Grading Notes shall be brought to the attention ol the City Engineer who will issuing a ruling. FORTEENTH: The grading operation shall obtain a General Construction Permit flom the Calilornia Water Quality Control Board and conlorm lo 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 for Public Works Construction. The geotechnical qualrty control will be under the supervision oJ a registered geotechnical engineer in the State ol Calif ornia. SIXTEENTH: The City may elect to pedorm geotechnical quality assurance ol the grading operation which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant free access to the City Engineer, his statl 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 ol the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. CITY City ol Menifee 29714 Haun Road Menif ee, CA 92586 Developer Pulte Home Co., LLC 27401 Los Altos, Suite 400 Mission Vieio, CA 92691 IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. Dated: Aon-rL tt',, 2018 By: I Bokhari By: Dated:4.tA , 2018 CITY OF MENIFEE By: nathan G. Smith, Public Works Director / City Engineer SIGNATUBES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE 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 4lL6/L8 before me,Maziar Safie Soltani, Notary Public (insert name and title of the officer) 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 MAZTAR SAfrE SotT ilt Notrry Public - Cslrlornla 0ranCe Counly Commisslon i} 2 1 69884 zz Comm. Er ir.r 0.128 2020Signature(Seal)