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Image_538AGREEMENT FOR GRADING AND EROSION CONTROL PROJECTS FOR TR366s8-6 GPl7-073R Agreement. At its sole discretion, City may extend the period of time lor 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 Section Nineteenth or via electronic mail to Developer at lnDut aD licable email addres s lor This Agreement, made and enlered into by and between the city ol Menifee, state of California, herein called City, and Pulte Home Co. LLC, hereinafter called Developer. WITNESSETH FIRST: Developer, for and in consideration oJ the approval of a grading plan and the issuance oI a grading permit on that certain land division known as TR36658-6. agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perlorm and complete, and within Z! months Irom 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 Director / City Engineer, and are on lile 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 part of this Developer contact. All of the above required work shall be done under the inspection of and to the satrsfaction of the Public Works Director / City Engineer and shall not be deemed complete until approval of the grading proiect cost ol said work is the sum ol is made by the Public Works Director / City Engineer. The estimated Eiqht Hundred Ninetv Four Thous and and No/l00 Dollars s 894.OOO.OO which covers Elrough grading only, E precise (fine) grading only, tr both rough and precise (fine) grading. sECOND: Developer agrees to pay to the city the actual cost o, 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 oJ the work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Developer, including reasonable aftorney's fees, and that upon entry of 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 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 off icer or employee thereof , be liable for any persons or property in.lured or damage by reason o{ the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance 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 ol any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willlul misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance oI the work contemplated under this Agreement, or performance oI this Agreement. This indemnitication includes, without limitation, the payment ol all penalties, fines, judgments, awards, decrees, attorneys'tees, and related costs or expenses, and the reimbursement ol City, its elected officials, officers, employees, volunteers, and/or agents lor all legal expenses, and cost incurred by each oI them. This indemnification excludes only such portion of 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 willful misconduct of city as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected otlicials, ofticers, employees, agents' or volunteers. FOURTH: The Developer hereby grants to the city, and to any agent or employee of the city, the arrevocable permission to enter, upon the lands ol the above relerenced land division for the purpose of inspecting or completing the grading prolect. This permission shall terminate in the event that Developer 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 6e responsible for any and all expenses, costs, liabilities, and lees (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 notifies Developer of such Completion Coits. 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 in the amount equal to any unpaid Completion Costs. FIFTH: Developer agrees at all times, up to the completion and approval of 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 lrom such delective or dangerous conditions in compliance with State law regulations and standards ior 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 lull information respecting the progress and manner ol work. SEVENTH: lf the Developer, or his agenls 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 satislactorrly any oJ the provisions of the plans and speci{ications, he shall be in delault of this Agreement. The Public Works Director / City Engineer shall have the power to terminate all rights of the Developer because oJ such detault, but said termination shall not affect or termrnate any rights ol City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination ol 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 pedormed satisractorily 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 loregoing provisions of this section shall be in addition to all rights and remedies available to the City under law or under this Agreement. The failure ol the Developer to commence or complete construction shall nol relieve the Developer or surety from completion o, the work required by this Agreement. EIGHTH: The Developer agrees to lile 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 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 oI obligation. TWELFTH: lt is understood and agreed by the parties hereto that it any part, term or provision of this Agreement is determined by the Courts to be unlav'dul 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 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 conlorm lo 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 Permit f rom the State of California Regional Water Quality Control Board and conlorm to all requirements. This permit shall override any con{licting requirements in the City-adopted ordinances. FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation tn accordance with City-adopted ordinances. The geotechnical quality control will be under the supervision ot a registered geotechnical engineer in the State of California. 66499 ol the Government Code in any amount not less than the estimated cost of the work for the faithful performance of the terms and conditions of this Agreement, except that when the estimated cost ol said work is $2,500 or less, the security shall be a deposit ol cash or its equivalent as determined acceptable by the Public Works Director / City Engineer. Developer {urther agrees that if in the opinion of 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 of the security, within ten days after being notified by the Public Works Director / City Engineer that the sureties or amounts are insuff icient. Notwithstanding any other provision herein, if Developer lails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required works completed within 90 days of the date on which the Public Works Director / City Engineer notifies the Developer ol the insufficiency of the sureties or the amount of the bonds or both. NINTH: lt is turther agreed by and between the parties hereto, including the surety orsureties 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 of the work contemplated to be done under this Agreement, extensions 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 way atfect the validity of this Agreement or release the surety or sureties on said bonds. Developer further agrees to maintain the atoresaid bond or bonds or the issuance of any instruments or letters of credit in full force and efiect during the terms of this Agreement, including any extensions of time as may be granted thereon. TENTH: Upon the satisfactory completion and final approval of said work by the Public Works Director/ City Engineer, .r[.]OSSJEgqof the security applicable thereto shall be released or retulned by the City to the Developer within 30 days. Of the remaining $242.000.00 security (for Erosion Control) shall be retained. The remainder security shall be held until the Calirornia Water Quality Control Board issues a Notice of Termination. sIXTEENTH: The City may elect to per{orm geotechnical quality assurance of the grading operation, which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant lree access to the Public Works Director / 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 addresses listed below. AXy City of Menilee 29844 Haun Boad Meni{ee, CA 92586 Developer Pulte Home Co. LLC 2740 1 ,Los Altos Suite 400 Mission Viejo, CA 92691 NINETEENTH: This Agreement contains the entire agreement of the parties as to the matters set lorth herein. No waiver ol any term or condition ol this Agreement shall be continuing waiver thereof. TWENTIETH: ln any action or proceeding arising out of 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' lees, court 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 transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transleree shall acquire no right or interest by reason ol such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer lrom 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 form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transler shall be to the satislaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction o{ 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 iJ all of the parties had executed the same instruments. TWENTY-THIRD: This Agreement is to be governed by the laws of the State of Calilornia DocuSagn Envelope lD : 3A5C77 1 F -O2E14 1 01 -97E8-A5F71 69FCB89 IN WITNESS WHEBEOF. Dated:-<€P,t3 . 2021 Dated:9/30/2O2L , 2021 DEVELOPER HAS AFFIXED HI E, ADDRESS AND SEAL By A By CITY OF MENIFEE By t)^nict tnkUo City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEOGED BY NOTARY AND EXECUTEO IN TRIPLICATE a DAPPFT{'o{lpril v'c. prsrident bMieqrE torF & 0Erl0flr6fi - IN WITNESS WHEBEOF, DEVELOPER HAS AFFIXED HI E, ADD ESS AND SEAL Dated:,2021 By: Land By Dated:,2021 CITY OF N/ENIFEE Daniel Padilla, City Engineer SIGNATUBES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE By ACKNOWLEDGMENT State of California County of ORANGE ) on SEPTEMBER 13,2021 before me,CRESIDA DIAZ, NOTARY PUBUC (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(s) isla+e subscribed to the within instrument and acknowledged to me that he/sh€lthey executed the same in hislla€#th€i+ authorized capacity(ies), and that by his#rcrJthe* signature(€)on the instrument the person(s), or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cafifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal cRtSlDA DlAl Notdry lrublic ' C.lilornia Onnxl(] ( ouf rY Commr\sion 122J2J45 My Comm. txPire\ F(b 25 2022 Signature Z.*.2/(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 nol the truthfulness, accuracy, or validi of that document.