Image_536This Agreement, made and entered into by and between the city of Menifee, state o{
California, herein called City, and Pulte Home Co. LLC, hereinafter called Developer'
WITNESSETH
FIRST: Developer, tor and in consideration of the approval of a grading plan and the
issuance of a grading permit on that certain land division known as TR36658-7. agrees, at
Developer's own cost and expense, to lurnish all labor, equipment, and material necessary to
perform and complete, and within 3i! 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 ol said land division which have been approved by the, Public Works
birector/ City Engineer, and are on Jile in the City, and do all work incidental thereto in accordance
with the standard! set forth in City-adopted ordinances, which are expressly made a parl oI this
Agreement. At its sole discretion, City may extend the period ol time for completion of the work by
providing written notice to Developer oI said extension. To be effective such notice must be
provided by the Public Works Director / City Engineer. Such notice may be provided as specified in.SectionNiheteenthorviaelectronicmailtoDeveloperat@
AGREEMENT
FOR GRADING AND EROSION CONTROL PROJECTS
FOR TR36658-7
GP17-073R
Developer contact. All ot the above required work shall be done under the inspection of and to the
satisfaction oJ the Public Works Director / City Engineer and shall not be deemed complete until
approval of the grading proiect is made by the Public Works Director/ City Engineer. The estimated
cost of said work is the sum of Seven Hundred Fiftv Eiqht Thousand Five Hundred and No/l00
Dollars $ 758,500.00 which covers Elrough grading only, tr precise (fine) 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 Public Works Director / City Engineer. Developer further agrees that if
suit is brought upon this Agreement or any security guaranteeing the completion ol the work, all
costs and ieasonable expenses and fees incurred by the City in successfully enforcing such
obligations shall be paid by Developer, including reasonable aftorney's lees, and that upon entry of
judgment, such costs, expenses, and {ees shall be taxed as costs and included in any iudgment
rendered.
THIRD: City shall not, nor shall any officer or employee of 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 thereof, nor shall City or any oflicer or employee
thereof, be liable for any persons or property injured or damage by reason ot the nalure of the work,
or by reason ol the acts or omissions ol Developer, ils agents or employees, in the pertormance of
the work, and all or said liabilities are assumed by Developer. Developer shall defend, 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 oI
any federal, state, or local government body or agency, arising out ol or incident to any acts,
omissions, negligence, or willlul misconduct ol 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 ol this Agreement. This indemnilication
includes, without limitation, the payment of all penalties, fines, iudgments, awards, decrees,
attorneys'tees, and related costs or expenses, and the reimbursement ol City, its elected otficials,
officers, employees, volunteers, and/or agents lor all legal expenses, and cost incurred by each of
them. This iniemnrlication excludes only such portion o{ 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 of City as determined. by. a court or
administration boOy ot competent jurisdiction. Developer's obligation to indemnify shall survive the
expiration or termi;ation of ihis Agreement, and shall not be restricted to insurance proceeds' il any,
received by City, its elected officials, offlcers, employees, agents, or volunteers'
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 of the above relerenced land division lor the
purpose of inspecting or completing lhe grading project. This permission shall terminate in the
event that Developeihas completed the work within the time specilied or any extension thereof
granted by the PuLlic Works Director / City Engineer. Under such circumstances, Developer shall
5e responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and
litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work
co-ntemplated by this Agreement is completed. Developer shall remit such Completion Costs to the
City no more than thirty (30) days of the date that the City notifies Developer of such Completion
Coits. Failure to remii the bompletion 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 Costs.
FIFTH: Developer agrees at all times, up to the completion and approval ol the work by the
public Works DirectorT CityEngineer, to give good and adequate warning to the traveling public of
each and every dangeroui condition caused by the grading proiect, and to protect the traveling
public from such delective or dangerous conditions in compliance with State law regulations and
standards lor traffic regulatory conlrol methods, including, but not limited to, stop signs, regulatory
signs or signals, barriers, or detours.
SIXTH: Developer, or his agents and employees shall give notice to the Public works
Director / City Engineer at least 48 hours belore beginning any work and shall furnish to the Public
Works Direcior / -ity Engineer all reasonable facilities for obtaining f ull information respecting the
progress and manner of work.
sEVENTH: lf the Developer, or his agents or employees, neglects, refuses, or fails to prosecute
the work with such diligence as to ensure its completion within the specified time, or within such
extensions of time as have been granted by the Public Works Director / City Engineer, or if the
Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions oI the
plans and specificationl, he shall be in default ol this Agreement. The Public Works Director / City'Engineer
shall have the power to terminate all rights of the Developer because of such delault, but
said termination shall not aflect or terminate any rights ol City as against Developer or any surety
then existing or which thereafter accrue because of such default. The determination of the Public
Works Director / 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 satislactorily shall be
conclusive upon the Developer, any surety, and any and all parties who may have any interest in
the Agreement or any portion thereof . The {oregoing provisions of thts section shall be in addition to
all rights and remedies available to the City under law or under this Agreement. The failure of the
Developer to commence or complete construction shall not relieve the Developer or surety lrom
completion of the work required by this Agreement.
EIGHTH: The Developer agrees to file with City prior to the date this Agreement is executed a
good and suff icient 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 ot the work for the
faithful performance of the terms and conditions of thrs Agreement, except that when the estimated
cost ol said work is $2,500 or less, the security shall be a deposit of cash or its equivalent as
determined acceptable by the Public works Director / city Engineer. Developer {urther.agrees that
if in the opinion oJ the Public Works Director / City Engineer the security becomes insufficient,
Developer agrees to renew each and every security with good and sufficient sureties or increase
the amount 6f the security, within ten days alter being notified by the Public Works Director / City
Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, il Developer Iails to take such action as is necessary to
comply with siid notice, he shall be in default of this Agreement unless all .required works
completed within 9O days of the date on which the Public Works Director / City Engineer notifies the
Developer of the insufficiency of the sureties or the amount oi 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 of any instruments or letters or credlt 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, exiensions of time may be granted from time to time by the Public
Works Director / City Engineer either at his own option or upon request o{ the Developer, and such
extensions shall in no wiy aflect the validity ol this Agreement or release the surety or sureties on
said bonds. Developer further agrees to maintain the aforesaid bond or bonds or the issuance of
any instruments or letters oI credit in full Iorce and effect during the terms of this Agreement,
including any extensions of time as may be granted thereon'
TENTH: Upon the satislactory completion and iinal approval of said work by the Public Works
Director / City Engineer, $ 441 .500 ol the security applicable thereto shall be released or returned
by the City to the-Devetoper within 30 days. Ol the remaining $371.000.90 security .(for Erosion
Cbntrol) s-hall be retained. The remainder security shall be held until the California Water Ouality
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. This Section shall not
be construed as an authorization lor any party to assign any right or obligation.
TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of
this Agreement is determined by the Courts to be unlawful and void, the validity ol the remaining
portions shall not be affected and the rights and obligations ol the parties shall be construed and
entorced as il the Agreement did not contain the particular part, term or provision held to be invalid.
No waiver of any term or condition ol thls Agreement shall be continuing waiver thereol.
THIRTEENTH: The grading operation will conform to the contract documents and City-adopted
ordinances. Any conilict or discrepancy between the drawings and the City-adopted ordinances
shall be brought to the attention of the Public Works Director / City Engineer, who will issue a ruling.
FOURTEENTH: The grading operalion shall obtain a Construction General Permit lrom the State of
Calilornia Regional Water Quality Control Board and conform to all requirements. This permit shall
override any conf licting requirements in the City-adopted ordinances.
FIFTEENTH: The Developer shall provide geotechnical quality control ol the grading operation in
accordance with City-adopted ordrnances. The geotechnical quality control will be under the
supervision of a registered geotechnical engineer in the State of California.
SIXTEENTH: The City may elect to perform 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 to the Public works Director / city
Engineer, his staff and consuliants 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 onihe other party by mail, postage prepaid, at the addresses listed below.
Atfy
City oI Menifee
29844 Haun Road
Menifee, CA 92586
Deve looer
Pulte Home Co. LLC
27401 Los Altos
Suite 400
Mission Viejo, CA 92691
NINETEENTH: This Agreement contains the entrre agreement of the parties as to the matters set
fonh herein. No waiv-er ol any term or condition of thrs Agreement shall be continuing waiver
thereol.
TWENTIETH: ln any action or proceeding arising out o, this Agreement, or the transactions
contemplated hereby, tne prevailing party therein shall be entitled to recover from the other party
thereto ihe reasonable attorneys'and paralegals' lees, coun costs, filing fees, publication cost and
other expenses incurred by the prevailing party in connection therewith, at trial and all appellate
proceedings.
TWENTY-FIRST: Developer shall not assign, hypothecate, or transler, either directly or by
operation ol law, this Agreement or any interest herein without prior written consent of C-ity. Any
aitempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire
no right or interest by reason of such attempted assignment, hypothecate, or transler' Unless
specifically stated to the contrary in City's written consent, any assignment, hypcthecation, or
tianster s'hall not release or discharge Developer lrom any duty or responsibility under this
Agreement. ln the event that city consents in writing to such an assignmenl, 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. Any
alreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
inilude provisions requiring the assignee to post bonds or submit another form ol financial security,
satisfactory to City and approved by the City Attorney, to guarantee construction of the work
covered by this Agreement.
TWENTY-SECOND: This Agreement may be executed by the parties in counterparts, which
counterparts shall be construed together and have the same eflect as if all of the parties had
executed the same instruments.
TWENTY-THIRD: This Agreement is to be governed by the laws of the State o{ Calilornia.
DocuSign Envelope lD: 3ASC77 1F-D2E441Dl-97E8-A5F7169FCB8S
-e$riaili6'rs&Mpt'E'lt
By
Dated:9/30/2021 . 2021 CITY OF MENIFEE
By:0^'^11 loJru-.
City Engrneer
SIGNATURES OF OWNEB MUST BE AKNOWLEOGED BY NOTARY
AND EXECUTED IN TRIPLICATE
rN WTTNESS WHEREOF, DEVELOPER HAS AFFIXED Hll^tME. ADDRESS AND SEAL.
Dared: 1tc. /1 .zozt /l . \
"r, /.h , lD^
D RREI{ WrneFil
Vlc. Prt Es* lrd
IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HI E, ADDR S AND SEAL
Dated:,2021
By
DARREN WANREN
By:
Dated ,2021 CITY OF MENIFEE
By:
Daniel Padilla, City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Vice
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
validity of that document.
State of California
County of ORANGE )
before me,
(insert name and title of the officer)
personally appeared DARREN WARREN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€) islare
subscribed to the within instrument and acknowledged to me that hekh€#hey executed the same in
his/heFAh€i+ authorized capacity({€€), and that by his44€#th€{+ signature(GFn 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 CRTS DA I)IAZ
Notary Public _ Callfornia
O()nqc Co(rrrlY
aomrnr\! on ir 2212145
My Comrn L_xpirt's Fob 25,2022
Signature a'".-z 2 (Seal)
on SEPTEMBER t3,2027 CRESIDA DIAZ, NOTARY PUBLIC