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Image_537This Agreement, made and entered into by and between the city of Menifee, state of California, herein called City, and Pulte Home Co. LLC, hereinafter called Developer' WITNESSETH FIRST: Developer, lor and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as T836558-1. agrees, al Developer's own cost and expense, to lurnish all labor, equipment, and material necessary to pedorm and complete, and within 24 months from the date this Agreement is executed,.to perlorm and complete in a good and workhanlike 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 file in the City, and do all work incidental thereto in accordance with the standardl set lorth in City-adopted ordinances, which are expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer ol said extension. To be effective such notice must be provideJby the Public Works Director / City Engineer. Such notice may be provided as specified in bectionNineteenthorviaelectronicmailtoDeVeloperat@ Developer contact. All ol the above required work shall be done under the inspection ol and to the sattsf"action of the Public Works Director / City Engineer and shall not be deemed complete until AGREEMENT FOR GRAOING AND EROSION CONTROL PROJECTS FOR TR36658-1 GPl7-073R blic Works Director / City Engineer. The estimatedapproval ol the grading proiect is cost oI said work is the sum of Two Hundred n Thousand and No/100 made by the Pu Four Million Dollars $ 4.207.000.0 0 which covers Erough grading only, tr precise (f ine) grading only, tr both rough and precise (fine) grading. SECOND: Developer agrees to pay to the City the actual cost ol such inspections ol 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 reasonable expenses and rees incurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that upon entry ol judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible Ior any accident, loss, iniury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof , nor shall City or any officer or employee thereof, be liable {or any persons or property injured or damage by reason of the nature ol the work, or by reason of the acts or omissions of Developer, its agents or employees, in the perlormance ol 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 of any federal, stale, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of constructron or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment ol all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents Ior all legal expenSeS, and cost incurred by_each of them. This indemniftcation excludes only such portion of any claim, demand, cause ol action, liability, loss, damage, penalty, line, or injury, to property or persons, including wronglul death, which is caused by the negligence or willful misconduct ol City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiratton or termination oI this Agreement, and shall nol be restricted to insurance proceeds, if any, received by City, its elected oflicials, officers, employees, agents, or volunteers. FOUBTH: The Developer hereby grants to the city, and to any agent or employee o{ the city, the irrevocable permission to enter, upon the lands oJ the above referenced land division for the purpose of inspecting or completing the grading proiect. This permission shall terminate in the event that Developei has completed the work within the time specified or any extension thereof granted by the Public Works Director / City Engineer. Under such circumstances, Developer shall be 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 contemplated 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 notilies Developer ol such Completion Costs. 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 ln 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 Director/ 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 detective 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, or his agents and employees shall give notice to the Public works Director/ City Engineer at least 48 hours before beginning any work and shall furnish to the Public Works Director / City Engineer all reasonable lacilities for obtaining full 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 iails to perform satisfactorily any o{ the provisions of the plans and specifications, he shall be in default of this Agreement. The Public Works Director / City Engineer shall have the power to terminate all rights o, the Developer because of such delault, but said termination shall not affect or terminate any rights of City as agarnst Developer or any surety then existing or which thereafter accrue because of such delault. The determination ol the Public Works Director/ City Engineer of the questron as to whether any of the terms of this Agreement or the plans and specifications have been violated or have not been perlormed satistactorily shall be conclusrve upon the Developer, any surety, and any and all parties who may have any interest in the Agreement or any portion thereot. The foregoing provisions of this section shall be in addition to all rights and remedres available to the City under law or under this Agreement. The failure of the Developer to commence or complete construction shall not relieve lhe Developer or surety from 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 suflicient security as provided in subsections (1), (2) and (3) of subdivision (a) o{ Section 66499 of the Government Code in any amount not less than the estimated cost ol the work for lhe faithJul performance of the terms and ionditions ol this Agreement, except that when the estimated costofsaidworkis$2,500orless,thesecurityshallbeadepositofcashoritsequivalentas determined acceptable by the Public Works Director / City Engineer. Developer f urther.agrees thal if in the opinion of the Public Works Director / City Engineer the security becomes insufficient, Developei agrees to renew each and every security with good and sufficient sureties or increase the amount df the security, within ten days after being notilied by the Public Works Director / City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer lails to take such action as is necessary to comply with siiU notice, he shall be in default ol this Agreement unless all .required works completed within 90 days of the date on which the Public Works Director / City Engineer noti{ies the Developer ol 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 of any instruments or letters or credit securing this Agreement that, in the event it is deemed necessary to extend the time of completion oJ the work contemplated to be done under this Agreement, exiensions of time may be granted from time to time by the Public Works Director/ Ciiy Engineer either at his own option or upon request ol the Developer, and such extensions shall in no wiy affect the validity of this Agreement or release the surety or sureties on said bonds. Developer further agrees to maintain the aforesaid bond or bonds or the issuance ot any instruments or letters oJ credit in full force and effect during the terms of this Agreement, including any extensions of time as may be granted thereon. TENTH: Upon the satislactory completion and final approval of said work by the Public Works Director / City Engineer, S 3.748.000 oJ the security applicable thereto shall be released or returned by the City to tne Devetoper witnn 30 days. Of the remaining $459.000.90 security.(for Erosion C-ontrot; s-hall be retained. The remainder security shall be held until the CaliJornia Water Qualily 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 for any party to assign any right or obligation. TWELFTH: lt is understood and agreed by the parties hereto that il any part, term or provision of this Agreement is determined by the Courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations ol 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 oJ any term or condition of this Agreement shall be continuing warver thereo{. THIRTEENTH: The grading operation wtll conlorm to the contract documents and City-adopted ordinances. Any conflict 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 operation shall obtain a Construction General Permitlrom the State ol California Regional Water Quality Control Board and conform to all requirements. This permit shall overrrde any conflicting requirements in the City-adopted ordinances. FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation in accordance with City-adopted ordinances. 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 consultants to perlorm 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 addresses listed below. Arly City of Menifee 29844 Haun Road Menifee, CA 92586 Developer Pulte Home Co. LLC 27401 Los Altos Suite 400 Mission Viejo , CA 92691 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 thereol. TWENTIETH: ln any action or proceeding arising out ol 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. TWENTY-FIRST: Developer shall not assign, hypothecale, or transfer, either directly or by operation ol law, this Agreement or any interesl herein without prior written consent of City. Any attempt 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, hypothecation, or transler shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a lorm, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transter shall be to the satislaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another lorm 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 effect as if all ol the parties had executed the same instruments. TWENTY-THIBD: This Agreement is to be governed by the laws of the State of Calijornia DocuSign Envelope lD: 3A5C771F -D2E4-41D1-97E8-A5F7169Fc889 IN WITNESS WHEREOF. DEVELOPER HAS AFFIXED HI E- ADDRESS AND SEAL Dated:r3 .202\ By DARREN WARRENvEl rr?roenl Llno By Dated:9 /30/202L . 2021 CITY OF I\,4ENIFEE By O^t^^L l.lru, Danrel Padilla, Crty Engrneer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TBIPLICATE IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HIS NAME, ADDRESS AND SEAL By: WARREN -- rlsrrEm sru .qcouisilions & By Dated:,2021 CITY OF tVlENIFEE By: Daniel Padilla, City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGEO BY NOTAHY AND EXECUTED IN TRIPLICATE Dared: 5i? t3 ,zozt 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 SEPTEMBER L3,2021 before me,CRESIDA DIAZ, NOTARY PUBLIC (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(e) is/a+e subscribed to the within instrument and acknowledged to me that hel8hel+h€,y executed the same in hisllBdtheir authorized capacity(ree), and that by hishe#their signature(€)on the instrument the person(€), or the entity upon behalf of which the person(e) 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 CRLSTDA DrAZ Notary PLrb r( _ Californid or,!fq(]CountY Comm \5 on { 22J2145 ; A.----22 Comm. txpire5 t.b 25,2022 Signature (Seal)