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Image_539AGREEMENT FOR GRADING AND EROSION CONTROL PROJECTS FOB TR36658-s GPl7-073R This Agreement, made and entered into by and between the city of Meniree, state ol california, herein called city, and Pulte Home Co. LLC hereinafter called Developer. WITNESSETH FIRST: Developer, for and in consideration of the approval ol a grading plan and the issuance of a grading permit on that certain land division known as TR36658-5. agrees, at Developer's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete, and within Zl months from the date this Agreement is executed, to pertorm and complete in a good and workmanlike manner, said grading in accordance with the grading plans lor the development of said land division which have been approved by the, Public Works birector / City Engineer, and are on lile in the City, and do all work incidental thereto in accordance with the standards set forth in City-adopted ordinances, which are expressly made a part of this Agreement. At its sole discretion, City may extend the period of time lor completion ol the work by providing written notice to Developer of said extension. To be eflective such notice must be provideJby the Public Works Director/ City Engineer. Such notice may be provided as specified in'SectionNineteenthorviaelectroniCmailtoDeveloperat@ Developer contact. All of the above required work shall be done under the inspection ol and to the satisf.action o, tlte Public Works Director / City Engineer and shall not be deemed complete until approval of the grading project is made by the Public Works Director / City Engineer. The estimated COst of said work is the sum ol One Million Ninety Seven Theusand Five Hundred an No/100 Dollars $ 1.097.500.00 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 of such inspections of the work as may be required by the Public Works Director / City Engineer. Developer further agrees that il suit is brought upon this Agreement or any security guaranteeing the completion of 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 attorney's tees, and that upon entry oI judgment, such costs, expenses, and tees 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 lor any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereol, nor shall City or any officer or employee thereof, be liable lor 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 of the work, and all or said liabilities are assumed by Developer. Developer shall defend, indemnify, and hold harmless City, its elected oflicials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes ol action, liability, loss, administrative action ol any lederal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or will{ul misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance ol the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, iudgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected otficials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes oniy such portion ot any claim, demand, cause of action' liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death' which is caused bt the negligence or willful misconduct of City as determined by a court or administration boOy ol competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of ihis Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, 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 o{ the above relerenced land division for the purpose ot inspecting or completing the grading project. This permission shall terminate in the event that Developeihas completed the work within the time specilied or any exlension thereof granted by the Public Works Director / City Engineer. Under such circumstances, Developer shall 5e 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 co-ntemptated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more thin thirty (30) days ol the date that the City notifies Developer ol such Completion Colts. Failure to remii 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 ol the any property owned by Developer tn the amount equal to any unpaid Completion Costs. FIFTH: Developer agrees at all times, up to the completton and approval of the work by the public Works DirectorT CityEngineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the grading pro.iect, and to protect the traveling public from suCh defective 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 srgnals, 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 facilities for obtaining Iull information respecting the progress and manner of work. SEVENTH: lf the Developer, or his agents or employees, neglects, reluses, or fails to prosecute the work wilh such diligence as to ensure its completion within the specified time, or within such extensions o, time as have been granted by the Public Works Director / City Engineer, or if the Developer violates, neglects, refuses, or fails to perform satislactorily any of the provisions ol the plans and specifications, he shall be in detault of 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 affect or terminate any rights of 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 ot the question as to whether any of the terms of this Agreement or the plans and specifications have been violated or have not been perlormed satisfactorily shall be conclusive upon the Developer, any surety, and any and all parties who may have any interest in the Agreement or any portton thereof . The foregoing 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 complele construction shall not relieve the 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 Agreemenl is executed a good and sufficient security as provided rn subsections (1), (2) and (3) of subdivision (a) ol Section 66499 ol the Government Code in any amount not less than the estimated cost ol the work for the faithful perlormance of the terms and ionditions of this Agreement, except that when the estimated costofsaidworkis$2,500orless,thesecurityshallbeadepositofcashoritsequivalentas determined acceptable by the Public Works Director / City Engineer. Developer f urther.agrees that 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 6f 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 Developerlails to take such action as is necessary to comply with siia notice, he shall be in delault oJ this Agreement unless all .required works completed wthin 90 days of the date on which the Public Works Director / City Engineer notifies the Developer of the insutficiency ol 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 o{ 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/ City Engineer either at his own option or upon request oI 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 lurther agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in lull lorce and effect durtng the terms ol this Agreement' including any extensions ol time as may be granted thereon. TENTH: Upon the satisfactory completion and final approval ol said work by the Public Works Director / City Engineer, $ 814.500 ol the security applicable thereto shall be released or returned by the City to the Developer within 30 days. Of the remaining $282.500.00 security (Jor Erosion Cbntrol) s'hall be retained. The remainder security shall be held until the California WateI 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. 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 il any part, term or provlsion 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 oI the parties shall be construed and enlorced as if the Agreement did not contain the particular part, term or provision held to be invalid. No waiver ol any term or condition of this Agreement shall be continuing waiver thereof. THIRTEENTH: The grading operation will conform 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 Permit from the State ot Cali{ornia Regional Water Quality Control Board and conlorm to all requirements. This permit shall override any conllrcting 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 wtll be under the supervision of a registered geotechnical engineer in the State of California. SIXTEENTH: The City may elect to perlorm geotechnical quality assurance of the grading operation, which will be compensated as provided in the SECOND paragraph. SEVENTEENTH: The Developer agrees to grant rree access to the Public Works Director / City Engineer, his staff and consultants 1o per{orm 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 ol Meni{ee 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 of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. 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 atlorneys'and paralegals' fees, court costs, liling 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 transteree shall acquire no right or interest by reason of 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 Jrom 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 ol 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 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 of the parties had executed the same instruments. TWENTY-THIRD: This Agreement is to be governed by the laws of the State of California Docusign Envelope lD. 3A5C77 1F -D2E441D1-97E8-A5F716SFCB89 IN WITNESS WHEREOF. DEVELOPER HAS AFFIXED HI E. ADDRESS AND SEAL. Dated , 2021 By Dated: !aqstslie r & DaYa'gPnral* By 9/30/202t . 2021 CITY OF IvIENIFEE t)^t^nl lrlru^ Daniel Padilla, City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE By IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HIS E, ADDRESS AND SEAL. Dated:>e7.ta ,2021 By President Acqubltlon! & EeEloFrurt By Dated:,2021 CITY OF MENIFEE Daniel Padilla, City Engineer SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE By 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 ) on SEPTEMBER 73,2021 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(e) whose name(s) is/a+e subscribed to the within instrument and acknowledged to me that hekh€*hs/ executed lhe same in his/he#the* authorized capacity(i€€), and that by hisheC{he* signature(€}on the instrument the persong, or the entity upon behalf of which the persone 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 cRtStDA t)tA1 NotaryPubIc CnlLlotni,l O..nr(l(. (,nr.ly Comm,!5ron , 2,? l2-145 My Comn). trpirc! Ft,t) 25, 20.22 Signature a*zj (Seal)