Agreement - Street Landscape — Menifee City Council, March 5, 2025

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CITY OF MENIFEE

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 37671

FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ______ day of _____________________, 20 ______, by and between PULTE HOME COMPANY, LLC, hereinafter referred to as "Subdivider," and the City of Menifee, a municipal corporation of the State of California, hereinafter referred to as "City." City and Subdivider may sometimes herein be referred to individually as a "party and collectively as the parties. RECITALS:

A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of Menifee, County of Riverside, which unit of land is known as Tract No. 37671 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the Subdivision Laws. B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 23-580 (the Resolution of Approval). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").

D. The Improvements have not been installed and accepted at this time.

E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdividers own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.

2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Agreement and Securities for subdivision improvements are provided as follows:

Agreement for Tract Map 37671-1 For the Construction of Landscape Improvements for IP23-022L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $1,039,500.
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Agreement for Tract Map 37671-2 For the Construction of Landscape Improvements for IP23-023L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $1,540,500.

Agreement for Tract Map 37671-2 For the Construction of Landscape Improvements for IP23-024L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $734,500.

Agreement for Tract Map 37671-1 For the Construction of Landscape Improvements for IP23-025L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $379,000.

3. Improvement Security. Subdivider shall at all times guarantee Subdividers performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (Monumentation Security). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map.

Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act.

As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 1,039,488.52 $ $
Total 1,039,488.52 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Name Typed or printed RLA# Exp. Date
Landscape Architect's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
103,950.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
1,039,500.00 519,750.00
1,039,500.00 519,750.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-1 10/14/2024
IP23-022L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24
10/10/2024
UNIT
LF $ 9.00 $ 4,842.00
SF $ 4.00 $ 2,720.00
SF $ 9.00 $ 18,468.00
SF $ 9.00 $ 34,066.08
EA $ 200.00 $ 800.00
Aluminum Edging LF $ 8.75 $ 4,952.50
SF $ 9.00 $ 18,414.00
EA $ 300.00 $ 23,100.00
EA $ 650.00 $ 16,900.00
EA $ 6.50 $ 19,194.50
EA $ 16.00 $ 10,304.00
SF $ 4.50 $ 185,422.50
SF $ 1.25 $ 1,030.00
SF $ 7.50 $ 309,037.50
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 8,405.80
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 14,710.15
A. $ 721,867.03
B. Administrative Contingency (20% x A) $ 144,373.41
C. CM - Inspection - LC (8%) $ 57,749.36
D Park Total (A + B) $ 866,240.44
E $ 173,248.09
F Grand Total $ 1,039,488.52
IP23-022L
Irrigation - Point to Point Irrigation System 41,205
AMOUNT
42,029

CITY OF MENIFEE ENGINEERING DEPARTMENT
Cobble non-grouted 2,046
COST
Electric Meter (Duel meter pedestal) 1
Water Meter 1
Irrigation Calsense Controller 1
42,029
824
POC 1 STREETSCAPE & MEDIAN LANDSCAPE PLANS
Decomposed Granite

ITEM QUANTITY UNIT
644
680

BANNER PARK II CFD DOMENIGONI PARKWAY

LANDSCAPE
4" thick x 18" Wide Concrete Band 3,785
Boulders 4
566

IMPROVEMENT REQUIREMENT WORKSHEET
Shrubs (5 Gallon)
41,205
Fine grading
One Year Landscape Maintenance
3"-6" Rock mulch
Shrubs (1 Gallon)
Irrigation booster pump
2,953
1 Irrigation - Tree Bubblers
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)
Stamped Concrete 2,052
6" x 8" Concrete Mow Curb 538
26 Trees ( 24 Gallon ) 77
Subtotal
Trees ( 36 Gallon )
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 1,540,637.64 $ $
Total 1,540,637.64 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
1,540,500.00 770,250.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated
IP23-023L

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-2 10/14/2024
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
POC 5 - STREETSCAPE, SLOPE, & DRAINAGE AREA LANDSCAPE PLANS 10/11/2024 BANNER PARK II CFD BRIGGS SLOPES
UNIT
LF $ 9.00 $ 4,401.00
LF $ 30.00 $ 13,277.10
EA $ 750.00 $ 2,250.00
EA $ 125.00 $ 13,500.00
46 EA $ 300.00 $ 13,800.00
EA $ 6.50 $ 28,723.50
EA $ 16.00 $ 1,776.00
SF $ 0.55 $ 74,710.35
SF $ 4.50 $ 213,021.00
SF $ 1.25 $ 460.00
SF $ 7.50 $ 355,035.00
SF $ 1.25 $ 189,718.75
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 39,896.20
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 69,818.35
A. $ 1,069,887.25
B. Administrative Contingency (20% x A) $ 213,977.45
C. CM - Inspection - LC (8%) $ 85,590.98
D Park Total (A + B) $ 1,283,864.70
E $ 256,772.94
F Grand Total $ 1,540,637.64
Irrigation - Bubbler 368
Bond Amount prior to having signed plans
(or. 460, SEC. 10.3E) (20%x D)
One Year Landscape Maintenance
Electric Meter (Duel meter pedestal) 1
Water Meter 1
199,481
IP23-023L

ITEM QUANTITY UNIT AMOUNT
HDPE Three Rail Fence w/ Concrete Mow Curb 443
Concrete Mow Curb 489
3 COST

LANDSCAPE
Bollard
Subtotal
Shrubs (5 Gallon)
47,338
Fine grading 199,481
47,338
Trees (24" box)
Irrigation Calsense Controller 1
Irrigation booster pump 1
Mulch - 3"-6" Rock Mulch
Irrigation - Rotors 151,775
Irrigation - Point to Point Irrigation System
Trees (15 Gallon) 108
Shrubs (1 Gallon)
111
Hydroseed Mix 135,837
4,419
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 734,583.82 $ $
Total 734,583.82 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
734,500.00 367,250.00
734,500.00 367,250.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-2 10/14/2024
IP23-024L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREETSCAPE LANDSCAPE PLANS
10/10/2024 BANNER PARK II_TR 37671-2_POC 6_ CFD STREETSCAPE DOMENIGONI PKWY UNIT
LF $ 9.00 $ 342.00
EA $ 300.00 $ 27,000.00
EA $ 650.00 $ 5,850.00
EA $ 6.50 $ 14,839.50
EA $ 16.00 $ 11,984.00
SF $ 4.50 $ 143,725.50
SF $ 7.50 $ 239,542.50
SF $ 1.25 $ 980.00
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 5,950.60
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 10,413.55
A. $ 510,127.65
B. Administrative Contingency (20% x A) $ 102,025.53
C. CM - Inspection - LC (8%) $ 40,810.21
D Park Total (A + B) $ 612,153.18
E $ 122,430.64
F Grand Total $ 734,583.82
Irrigation - Point to Point Irrigation System 31,939
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)
Electric Meter (Duel meter pedestal) 1
Water Meter 1
Irrigation - Tree Bubblers 784
COST
749
Concrete Mow Curb 38
Irrigation Calsense Controller 1
Irrigation booster pump 1
Mulch - 3"-6" Rock mulch
Subtotal
Trees ( 36 Gallon )
Shrubs (5 Gallon)
31,939
Fine grading
LP23-024L

ITEM QUANTITY UNIT AMOUNT
29,753
29,753

LANDSCAPE
2,283
90 Shrubs (1 Gallon)
9 Trees ( 24 Gallon )
One Year Landscape Maintenance
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 378,861.12 $ $
Total 378,861.12 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
379,000.00 189,500.00
379,000.00 189,500.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-1 10/14/2024
IP23-025L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREETSCAPE LANDSCAPE PLANS
10/10/2024 BANNER PARK II_TR 37671-1_POC-7_ CFD STREETSCAPE - BRIGGS ROAD UNIT
LF $ 9.00 $ 477.00
EA $ 300.00 $ 14,700.00
EA $ 650.00 $ 1,950.00
EA $ 6.50 $ 6,253.00
EA $ 16.00 $ 6,496.00
SF $ 4.50 $ 73,980.00
SF $ 7.50 $ 120,180.00
SF $ 1.25 $ 520.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 3,288.00
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 5,754.00
A. $ 263,098.00
B. Administrative Contingency (20% x A) $ 52,619.60
C. CM - Inspection - LC (8%) $ 21,047.84
D Park Total (A + B) $ 315,717.60
E $ 63,143.52
F Grand Total $ 378,861.12
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)

LANDSCAPE
Irrigation Calsense Controller 1
Mulch - 3"-6" rock mulch
Irrigation - Point to Point Irrigation System 16,024
Irrigation - Tree Bubbler 416
IP23-025L

ITEM QUANTITY UNIT AMOUNT
COST
Subtotal
Trees ( 36 Gallon )
Shrubs (5 Gallon)
16,440
Fine grading 16,440
16,440 One Year Landscape Maintenance Electric Meter (Duel meter pedestal)
Water Meter
1 53
3 Trees ( 24 Gallon ) 49
Shrubs (1 Gallon)
406
962
Concrete Mow Curb
1

Menifee City CouncilMarch 5, 2025

Menifee City Council
March 5, 2025