TRAFFIC SIGNAL IN LIEU FEE AGREEMENT
BY AND BETWEEN
THE CITY OF MENIFEE AND MERITAGE HOMES OF CALIFORNIA INC.
This TRAFFIC SIGNAL IN LIEU FEE AGREEMENT (this "Fee Agreement"), entered into this ___ day of ____ , 2025, between the CITY OF MENIFEE, a California municipal corporation, hereinafter referred to as the "City," and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation, hereinafter referred to as the "Developer."
RECITALS
A. Developer is the developer of the Stone Creek project, which consists of 224 single family detached homes with Tract Map No. 36365 generally located at the South East intersection of Grand Ave and Leon Rd in the County of Riverside ("Project").
8. The Project was conditioned by the County of Riverside to revise a traffic signal at Menifee Road and McCall Boulevard ("Traffic Signal") to add a southbound right turn overlap due to traffic impacts on the roadway from the Project.
C. Due to the development of another project at the northwest corner of the intersection of McCall Boulevard and Menifee Road which would include a more comprehensive update to the intersection, the City has determined that collecting an in lieu fee from Developer would be more advantageous for the public health, safety, and welfare.
D. The City has conducted a cost estimate of the work related to the Traffic Signal revisions and seeks payment of the estimated cost of the work in lieu of allowing Developer to make physical revisions to the Traffic Signal.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows:
1. herein.
Recitals. The recitals above are true and correct and are incorporated fully
2. In Lieu Fee Paid By Developer. The Developer shall pay the total probable cost of the Traffic Signal Revision of Fifteen Thousand, Eight Hundred and Forty Dollars ($15,840.00) to the City no later than ______ , 202_, as established in the Engineer's Estimate of Probable Cost Traffic Signal Installation Menifee Road at McCall Boulevard attached hereto and incorporated herein as Exhibit A.
3. Traffic Signal Revision. Developer's payment in full for the Traffic Signal revision shall be deemed by the City to meet the conditions of approval as imposed by 2671/031858-3006
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the County of Riverside for the Project.
4. Integration. This Agreement reflects the complete understanding of the parties with respect to the subject matter hereof.
5. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney's fees, and court costs (collectively "Damages") that the City, or its respective officers, employees and agents, or any combination thereof, may suffer or that may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any reasonable attorneys' fees or court costs, to and recover the same from the Developer. Notwithstanding the foregoing, neither the City nor its respective officers, employees, or agents shall be indemnified, defended or held harmless against such Damages to the extent that such Damages have been caused by their sole active negligence or sole willful misconduct.
6. Other Obligations. Nothing contained herein shall be construed as affecting the Developer's respective duty to perform its respective obligations under other agreements, land use regulations, or subdivision requirements relating to the development of the Project, which obligations are and shall remain independent of the Developer's rights and obligations, and the City's rights and obligations, under this Agreement.
7. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer.
8. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.
9. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations, or liabilities under or by reason of this Agreement.
10. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United 2671/031858-3006
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States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
11. Attorneys' Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the non-prevailing party thereto reasonable attorneys' fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment.
12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
[Signatures On Following Pages]
2671/031858-3006
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IN WITNESS WHEREOF, the parties have executed this Traffic Signal In Lieu Fee Agreement as of the respective dates set forth below.
"CITY"
CITY OF MENIFEE, a California municipal
corporation
Dated: _______ , 2025 By:
ATTEST:
By:
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
By:
Jeffrey T. Melching, City Attorney
2671/031858-3006
20376771.1 a02/10/25
Armando G. Villa, City Manager
4 Dated: , 2024 -------
2671/031858-3006
20376771.1 a02/I0/25
"DEVELOPER"
MERITAGE HOMES OF CALIFORNIA, INC., a
California corporation,
By:
By:
Name: Nick Emsiek
Its: Division President
Name:
Its:
-5-
ITEM
NO. DESCRIPTION
FURNISH/INSTALL:
Exhibit A
ENGINEER'S ESTIMATE OF PROBABLE COST
TRAFFIC SIGNAL INSTALLATION
MENIFEE ROAD AT MCCALL BOULEVARD
Menifee, California
QUANTITY
UNIT ITEM
COST COST
I 5 SECTION 12" LED VEHICLE HEADS, BACKPLATE, VISORS & MOUNTINGS (EA) 2 $ 2,000.00 $ 4,000.00 2 MAST ARM/POLE SIGNS (EA)
3 SIGNAL CONDUCTORS/CABLES (LS)
4 MOBILIZATION (LS)
5 TRAFFIC CONTROL (LS)
REMOVE:
6 VEHICLE HEADS & MOUNTINGS (EA)
LINSCOTT, LAW & GREENSPAN, ENGINEERS
2 EXECUTIVE CIRLCE, smTE 250
IRVINE, CA 92614
(949) 825-6175
I $ 200.00 $ 200.00
I $ 2,500.00 $ 2,500.00
I $ 4,500.00 $ 4,500.00
I $ 1,000.00 $ 1,000.00
2 $ 500.00 $ 1,000.00
SUB-TOTAL $13,200.00
20% CONTINGENCIES $2,640.00
TOTAL PROBABLE COST: $15,840.00
PREPARED BY:
KIM PREAP, P.E.
SENIOR TRANSPORTATION ENGINEER
DATE: 11/5/24
UNDER THE SUPERVISION OF:
RICHARD E. BARRETTO, P.E.
PRINCIPAL