Image_540AGBEEMENT
FOR GRADING AND EROSION CONTROL PROJECTS
FOR TR35658-2
GP17-073R
This Agreement, made and entered into by and between the City of Menifee, State ot
California, herein called City, and Pulte Home Co. LLC, hereinafter called Developer.
WITNESSETH
FIRST: Developer, for and in consideration of the approval of a grading plan and the
issuance of a grading permit on that certain land division known as TR36658'2. agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within 24 months lrom 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 file in the City, and do all work incidental thereto in accordance
with the standards set lorth in City-adopted ordinances, which are expressly made a part oJ this
Agreement. At its sole discretion, City may extend the period ol time lor completion of the work by
providing written notice to Developer of 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 lnput a licable email address lor
Developer contact. All of the above required work shall be done under the inspection ol and to the
satislaction ol the Public Works Director / City Engineer and shall not be deemed comp lete until
approval of the grading proiect is made by the Public Works Director / City Engineer. The estimated
cost of said work is the sum ol One Million Nine Hundred Eiq htv Five Thousand and No/100
Dollars $ 1.985.000.00 which covers E]rough grading only, 0 precise (fine) grading only, tr both
rough and precise (tine) grading.
SECOND: Developer agrees to pay to the City the actual cost ol such inspections oI 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 oI the work, all
costs and reasonable expenses and lees incurred by the City in successfully enforcing such
obligations shall be paid by Developer, including reasonable attorney's tees, 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 oflicer 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 for any persons or property injured or damage by reason ol the nature of 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 officials, officers, employees, agents, and volunteers from any
and all actual or alleged claims, demands, causes of action, liability, loss, administrative action oJ
any federal, state, 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 ol construction or maintenance oJ the work
contemplated under this Agreement, or performance of this Agreement. This indemnification
includes, without limitation, the payment of all penalties, fines, yudgments, awards, decrees,
attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials,
officers, employees, volunteers, and/or agents for all legal expenSeS, and cost incurred by each of
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 wronglul death,
which is caused by the negligence or willful misconduct of City as determined by a court or
administration body of competent iurisdiction. Developer's obligation to indemnify shall survive the
expiration or termination oJ this Agreement, and shall not be restricted to insurance proceeds, iI any,
received by City, its elected officlals, 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 ol the above referenced land division for the
purpose ol inspecting or completing the grading project. This permission shall terminate in the
event that Developer has completed the work within the time specified or any extension thereol
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'Jees 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 ol the date that the City notifies 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 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 ol
each and every dangerous condition caused by the grading proiect, and to protect the traveling
public from such defective or dangerous conditions in compliance with State law regulations and
standards lor traflic 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 f urnish to the Public
Works Director / City Engineer all reasonable lacilities lor obtaining full information respecting the
progress and manner of work.
SEVENTH: lf the Developer, or his agents or employees, neglects, re{uses, or {ails 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 il the
Developer violates, neglects, refuses, or fails to perform satis{actorily any of 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 of the Developer because of such default, 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 ol such de{ault. 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 thereol. 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 of the
Developer to commence or complete construction shall not relieve the Developer or surety from
completion of the work required by this Agreement.
EIGHTH: The Developer agrees to f ile with City prior to the date this Agreement is executed a
good and suflicient security as provided in subsections (1), (2) and (3) ol subdivision (a) ol Section
66499 of the Government Code in any amount not less than the estimated cost of the work for the
faithful performance of the terms and conditions ol this 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 turther agrees that
il 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 sufticient 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 insufficient.
Notwithstanding any other provision herein, if Developer {ails to take such action as is necessary to
comply with said notice, he shall be in delault of this Agreement unless all required works
completed within 9O days of the date on which the Public Works Director / City Engineer notilies the
Developer of the insutficiency of the sureties or the amount of the bonds or both.
NINTH: lt is f urther agreed by and between the parties hereto, rncluding 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 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 ol the Developer, and such
extensions shall in no way 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 o{
any instruments or letters ol credit in full force and effect during the terms of this Agreement,
including any extensions ol time as may be granted thereon.
TENTH: Upon the satislactory completion and final approval ol said work by the Public Works
Director / City Engineer, jD-L8q@qof the security applicable thereto shall be released or returned
by the City to the Developer within 30 days. Ol the remaining $457.000.00 security (for Erosion
Control) shall be retained. The remainder security shall be held until the California Water 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 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 unlavvful 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 oJ this Agreement shall be continuing waiver lhereof.
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 oI the Public Works Director/ City Engineer, who will issue a ruling.
FOURTEENTH: The grading operation shall obtain a Constructron General PermitJrom the State ol
California Regional Water Quality Control Board and conform to all requirements. This permit shall
override 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 ol a registered geotechnical engineer tn 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 perform inspections and quality assurance sampling and
tests.
EIGHTEENTH: Any notice or notices required or permitted to be grven pursuant to this Agreement
shall be served on the other party by mail, postage prepaid, at the addresses listed below.
Arly
City of Menilee
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
lorth herein. No waiver of 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 lransactions
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 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 transier, either directly or by
operation of law, this Agreement or any interest herein without prior written consent ol 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 transfer. Unless
specifically stated to the contrary in City's written consent, any assignment, hypothecation, or
transfer 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 wrltten
agreement in a form, and containing such surety, as is reasonably acceptable to City. Any
agreement, hypothecation, or transler shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another lorm ol f inancial security,
satistactory to City and approved by the City Attorney, to guarantee construction ol 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 ol the State of Calilornia
Docusign Envelope lD: 3A5C771F-D2E4-41 D1-S7EB-A5F7169FC889
IN WITNESS WHEBEOF. DEVELOPER HAS AFFIXED HIS NAME. ADDRESS AND SEAL
Dared: 5aP, t3 . 2021
OARRIX I{ARRENVb. Pr.ridrnt l-.nd
Acqubiliotl' t ^.r.loFrl!fll
By
Dated: 9/30/2021 2021 CITY OF MENIFEE
By:O^;rL l*l;W
a, City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTEO IN TRIPLICATE
By -P"-\!/a )
Dated:
Dated:
IN WITNESS WHEREOF,DEVELOPER HAS AFFIXED HI AME, ADDR S AND SEAL,
Sef t3 ,2021
By
By
,2021 CITY OF MENIFEE
Daniel Padilla, City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
By
DARREN-- \li"" President Land
Aequlsitione & BcYcloprrcnt
ACKNOWLEDGMENT
validi of that document
State of California
County of ORANGE )
on SEPTEMBER L3,2027 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(€) whose name(€) islare
subscribed to the within instrument and acknowledged to me that helsh€lth€y executed the same in
hiqA€#th€i+ authorized capacity(.i,e€), and that by his/he#their signature(€Fn the instrument the
person(9. 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal CRtSTDA OrAl
Nulary Publlc - C.ltornia
{),,)fqr Counly
Conrmreon f 22J2145 !
A.*Zz My(o dr. irpires Frh 25,2022
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