Image_531This AGREEMENT.FOR LANDSCAPE IMPROVEMENTS ("Agreement") is
entcred into as of the t $llaay of A lOrtOv\t q- G-' 2017. b1 and betueen the
MENIFEE, a Californ'ia'irunicipal corporation, ("City") and Pulte Horne Co
Calitbrnia Corporation ("Landowner") (collectively the Parties") in exchange for
vatuable consideration receipt of which is hereby acknowledged.
WITNESSETH
rrade and
CITY OF
LLC.a
good and
l- Landowner, for and in consideration of the approval of a minor plot plan to install
and rnaintain all landscape, including any additional landscape materials, related to Tract 37161,
as slrown on Exhibit L. dated October 17 ,2Ol7 andlor plot plan 201 7- 148, Drainage Ditch (shown
as Open Space Lot A on the approved Tentative Map), Project Entries located at Reflections Street
and Rockport Road (shown as open Space Lots B and c on the approved Tentative Map). Tot Lot
(shown as open Space Lot D on the approved Tentative Map), Dog Park (shown as open Space
Lot E on the approved Tentative Map). Passive Park (shown as open Space Lot F on the approved
Tentative Map), (he "Property"), agrees. at Landowner's own cost and expense, to furnish all
labor, equipmlnt, and material necessary to perform and complete all landscape. as it relates to the
landscape ind irrigation improvernents. Landowner also agrees that it shall maintain for a period
of twelve (12) months after its Building 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 accordance with those landscape and irrigation plans for the
development of said entitlement which have been approved by City's Community Development
Director, and are on file in the Office of the City of Menifee Community Development
Department, and to do all work incidental thereto in accordance with the standards set fonh in
Menifee Municipal Code chapter 9.86 and Menifee Municipal code chapter 15.04, which are
expressly made a part of this Agreement, which are attached hereto as Exhibit L. dated October
lT.20lTtothisAgreement. All ofthe Landscape shall be done under the inspection of and. to the
satisf'action ol, City's Corrmunity Development Director and shall rrot be deemed complete until
approval of the final inspection is made by City's Conrmunity Development Director. The
estimated cost of the landscape installation and one year maintenance is ONE HUNDRED
THIRTY ONE THOUSAND !-IVE HUNDRED TWENTY EIGHT DOLLARS AND NO
CENTS (S13I 528.00).
2- Landowner agrees to pay to City the actual cost of such inspections of the
Landscape area as may be required by City's Community Development Director. Landowner and
City further agree that if suit is brought upon this Agreement or any security guaranteeing the
completion of the landscape area, all reasonable costs, expenses, and fees incurred by City in
successt'ully enforcing such obligations shall be paid by Landowner including reasonable
altorneys'fees, and that upon entry ofjudgrnent, such costs, expenses, and fees shall be taxed as
costs and included in any iudgment rendered.
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AGREEMENT FOR
LANDSCAPE IMPROVEMENTS
4. Landowner hereby grants to City. and to any agent or employee of City. the
irrevocable perrnission to enter upon the Property for the purpose of inspecting the landscape area
or determining compliance with this Agreement. This perrnission shallterminate in the event that
Landowner has completed the Landscape area within the time specified or any extension thereof
granted by City's Community Development Director, and upon the City's Community
Development Director's final approval of the landscaped area.
t Landowner agrees at all times. up to the corrpletion and written approval of the
Landscape area work by City's Community 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 tiom such defective or dangerous conditions.
L Landowner. or its agents and employees, shall give notice to City's Cornmunity
Development Director at least forty-eight (48) hours betbre beginning the landscape area work.
Furthermorc. l-andorvner shall provicle City's Corlnrrrnitv Developnrent Director rt,ith any and all
inlbrmation or any other materials, deemed reasonably necessary by the Corrmunity Development
Director or its designee. to allow the City's Cornmunity Development Director or its designee the
ability to rronitor, assess, and inspect the progress and manner ofthe landscape area work.
1- Landou,ner shall comply with all applicable local. state. and federal laws and
regulations applicable to the performance ofthe landscape area work. Landowner shall not hire
or employ any person to perform work within City or allow any person to perfonn the required
under this Agreement unless such person is properly documented and legally entitled to be
employed within the United States. Any and all work subject to prevailing wages, as determined
by the Director of Industrial Relations of the State of California. will be the minimum paid to all
laborers, including Landou'ner employees. contractors. and subcontractors. lt is understood that
it is the responsibility of Landowner to determine the correct scale. The State Prevailing Wage
Rates may be obtained from the Calilbrnia Depafiment of Industrial Relations ("DIR") pursuant
to California Public Utilitics Codc. Sections 165. 466. and 4(r7 by calling 415-703-4774.
Appropriate records demonstrating compliance with such requirement shall be maintained in a safe
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I To the fullest extent permitted by law (including. without limitation. Calitbrnia
Civil Code Sections 2782 and 2782.6). 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 "lndemnitee") from and against any and all claims, loss. cost. damage' injury
(inclucling, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner Icollectively, the "Landou'ner Entities"]).
expense. and liability of every kind, nature. and descliption (including. u'ithour limitation.
incidental and consequential damages, couft costs, attorneys'fees. litigation expenses, and lees of
expefl consultants or expert witnesses incurred in connection therewith and costs ol investigation)
that arise olrt of, perlain to. or relate to. directly or indirectly, in whole or in part, the negligence,
recklessness, or willlul misconduct ol Landowner, any ofthe Landowner Entities, anyone directly
or indirectly employed by either the Landowner or Landowner Entities, or anyone that the
Landowner or Landowner Entities control (collectively. the "Liabilities"), in connection with the
itnplementation of this Agreenrent. Such obligation to del-end, hold harmless. and indemnily any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence or
willlul misconduct of such Indemnitee.
and 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. Landowner shall
require the same of all contractors and subcontractors.
& lf Landowner. or its agents or employees. neglects. reiuses, or fails to prosecute the
Landscape area with such diligence as to insure its completion n'ithin the specified time. or within
such extensions of time as have been, or may be, granted by City's Community Development
Director, ol if Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the
provisions ol the plans and specifications, Landowner shall be in default of this Agreement and
notice in writing of such default rray be served upon Landorvner. City's Community Developlrent
Director shall have the power to terminate all rights (granted by I'R37l6l and/or Plot Plan2017-
148) of Landowner due to such default. The determination of City's Comrnunity Development
Director of the question as to whether any ol the terms of this Agreement or the plans and
specilications have been violated or have not been performed satisfactorily shall be conclusive
upon Landowner, and any and all parties who rray have any interest in this Agreement or any
portion thereol'. No delay or omission in the exercise of any right or remedy by City shall impair
such right or remedy or be construed as a waiver. City's consent or waiver ofone act or onrission
by [-andowner shall not be deemed to constitute a consent or waiver of City's rights with respect
to any subsequent act or omission by l,andowner. Any u'aiver ofany default shall be in u'riting.
The tbregoing provisions ofthis Section shall be in addition to all rights and remedies available to
City under law.
9, Prior to the date this Agreement is executed, Landowner agrees to file with City
good and sufflcient security as provided in subsections (l). (2), and (3) of subdivision (a) of
Section 66499 of the Government Code in an), amount not less than the estimated cost ol'the
Landscape area for the taithful performance oflhe tenns and conditions oflhis Agreernent, 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 City's Building Director. Landowner further agrees
that if the security is a bond and ilthe sureties on the faithful pertbrmance bond or the amount of
said bonds in the opinion ol'City's Cornmunity Development Director beconres insufflcient.
Landou'ner agrees to renew each and everl bond or bonds *'ith good and sufficient sureties or
incrcase thc arrrount olsaid bonds. or hoth. u,ithin ten (10) days afier bcing notified b1, Cily'5
Cornmunity Development Director that the sureties or amounts are insufficient. Notwithstanding
an) other provision herein. if Landorvner fails to take such action as is necessary to comply with
said notice, l,andowner shall be in default ofthis Agreement unless all required work is cornpleted
within ninety (90) days ot- the date on which City's Community Development Director notifies
Landor,'ner ofthe insulficiency ofthe sureties or the amount ofthe bonds or both.
l0- lt is lirrther agreed by and between the parlies hereto, including the surety or
sureties on the bonds or the issuers ofany instruments or letters ofcredit securing this Agreement,
that. in the event it is deemed necessary to extend the time of completion oi the Landscape area
contemplated to be done under this Agreement. extensions of time may be granted fiom 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 *ay affect the validity of this Agreement or release
the surety or sureties on said bonds. Landowner funher agrees to maintain the aforesaid bond or
bonds or thc issuancc ofany instrunlcuts or Iettcls olcledit in lull tbrce and ctfect during thc telm
of this Agreement, including any extensions oftime as may be granted thereon.
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ll- Upon the satisfactory completion and written approval of the Landscape area by
City's Community Development Director, the entire amount ol the security shall be released or
returned by City to Landowner.
lZ This Agreement shall be binding upon Landowner and its heirs, executors,
administrators. successors. or assigns, all and each both jointly and severally.
tl- With the exception of the specilic provisions set lbrth in this Agreement. there are
no intended third-party beneficiaries under this Agreemenl and no such other third parties shall
have any rights or obligations hereunder.
14. It is understood and agreed by the parties hereto that ifany pa(, term. or provision
of this Agreenrent is held to be unlawful and void, the validity ofthe remaining poftions shall not
be attected and the rights and obligations of the parties shall be construed and enforced as if this
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 a continuing waiver thereof.
It This Agreement may be executed in rnultiple counterparts. each ol'whiclr shall be
an original and all of which together shall constitute one agreement.
-16. Landowner shall not discriminate in any way, against any person on the basis of
race. color, religious creed. national origin, ancestry, seK, age. physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreernent.
\1- The laws of the State of Calilbrnia shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of'California, in Los Angeles.
f& The person(s) executing this Agreement on behallofthe parties hereto warrant that
(a) such party is duly organized and existing. (b) they are duly authorized to execute and deliver
this Agreement on behall of said party, and (c) by so executing this Agreement, such party is
Ibrnrally tround to thc plovisions of this Agrccnrcnt.
1q 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 tbllowing addresses:
To City City of Menifee
Community Development Department
297l4 Haun Road
Menit'ee. CA 92584
'l o Landowner:Pulte Homes Corporation
27101 Puerto Real. Suite 300
M ission Viejo. CA 92691
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I signatures on fbllowing page]
IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date
and year first above written.
Pulte Homes Corporation
("Landowner")
Datcd:B1'
ignature for President or other Category I O{Icer)
Darren Wanen
(Print Name) Vice president of Land
(Title)
Dated: ll 1 By
(Signature fbr Secretary or other Category 2 Officer)
?*nr /-/:/ l.^
(Print Name)
t L2,.-/--t /4
CITY OF MENIFEE
("Citv")
Dated:
Approved as to Form:
l'. Melchi
t>Wlr+By
(Ti1le
Cheryl Ki
Communi elopm cto r
5ll'rrgc
City Attorney
ACKNOWLEDGMENT
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
validi of that document.
State of California
County of Orange
on trlt4lLT before me,
(insert name and title of the officer)
personally appeared Darren Warren ,
who proved io me on tne 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.TIAZIAB SAfIE SOLIANI
llotrry Public' Calitornra
0ran0€ County
Commission # 2169884
zz
Comm Ex ires 0ct 28,2020
Signature (Seal)
)
Maziar Safie Soltani, Notary Public
ACKNOWLEDGMENT
State of California
County of Orange )
before me,Maziar Safie Soltani, Notary Public
(insert name and title of the officer)
personally appeared Peter Hilton
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 SOLTANI
t{otrry Public . California
orange Counly
Commission # 2169884
z
M Comm. Er ires 0ct 28,2020
Signature (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
valid of that document.
on tut4ltT
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
@