Agenda packet, first session — Menifee City Council, April 16, 2025 (part 2 of 5)

2 6
3 6
In February 2025, the City obtained an appraisal through Dokken Engineering sub-contracted appraiser, Curtis Rosenthal, Inc. to determine the fair market value of the property. The appraisal report utilized Uniform Standards of Professional Appraisal Practice (USPAP) and valued the property at $90,000. The definition of fair market value is taken from Section 1263.320 of the Code of Civil Procedure.

The existing property spans a total of 11.85 acres and is comprised of space designated for park use, undeveloped open space, a pedestrian bridge, and tot lot. Under the dedication agreement, the portion of the parcel containing the pedestrian bridge and tot lot would remain private property, with ownership retained by the Canyon Heights Homeowners Association (HOA). The remaining portion of the property (approx. 10.45 acres) would be dedicated to the City to be owned, developed, and maintained for public use as a city-maintained park. The appraisal amount was assigned only to the portion of property dedicated for city-use. Based on the location of the park, and absence of special tax assessment district for maintenance, future maintenance of the park would be supported through general funds. A detailed legal description of the property is included in the agreement attached to this report. A map outlining the portion of the property to be dedicated to the City has been provided in Image 1 below.

IMAGE 1: PORTION OF EXISTING PROPERTY TO BE DEDICATED TO THE CITY As good faith negotiation, the agreement outlines City cancellation of $5,908.55 in code enforcement fees assessed to the HOA for violations pertaining to land maintenance as stipulated under the Canyon Heights Specific Plan No 272. The HOA is still responsible for satisfying any outstanding utility bills and property taxes, prior to the close of escrow. Within ten days after closing, the City would cancel the outstanding code enforcement fees due from Canyon Heights shown below in Table 1 on the following page.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 2

Menifee Mayor and City Council
April 16, 2025
Page
116 of 750

City of Menifee Staff Report
Agreement with Canyon Heights Association
April 16, 2025

Page 3 of 4 ends

2 6
3 6
TABLE 1: CODE ENFORCEMENT ASSESSMENTS TO BE WAIVED
Fee Description Fee Amount
Notice of Pendency dated October 21, 2024 $ 5,646.30
Case No. CE-18-0297 $ 137.25
Case No. CE-23-0774 $ 125.00
Total Waiver of Assessed Fees $ 5,908.55
Park Development and Grant Funding
Development of the Quail Valley Nature Park is funded under Capital Improvement Project No. 24-16. This nature-themed park would contain recreation opportunities as well as an expansive open space suitable for nature walks and future Park Ranger interpretive programs. The park design would integrate existing natural features including pathways, native trees, and climbing rocks to help connect recreation with environmental stewardship. Additionally, adaptive elements would be incorporated to ensure accessibility for visitors of all ages and abilities. Environmental review studies are currently taking place at the site. Community workshops and the park design process are expected to commence in Winter 2025, with park construction expected to be completed in Winter 2026.

On October 7, 2024, the Community Services Department received notification that its grant application under the Outdoor Legacy Recreation Program (OLRP) was selected for funding. This federal grant, administered by the National Parks Service through the California State Parks Department, awards Menifee $750,000 with a required City match, creating a total park development budget of $1.5 million. The matching funds for CIP 24-16 are allocated from Development Impact Fees and Quimby (Local Park) development fees.

The development of Quail Valley Nature Park is a vital step in meeting key objectives outlined in the City's Parks Master Plan and General Plan. This project enhances Menifee’s ability to reach national park access standards by providing at least five acres of parkland per 1,000 residents and ensuring all residents have access to a public park within five miles. As one of Menifee’s oldest communities, Quail Valley has historically lacked accessible parkland, making this investment particularly significant. Additionally, the park will provide low-cost or free recreational programs, fostering inclusivity and environmental stewardship while expanding the City’s parkland inventory.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The fiscal impact of the agreement would result in a loss of General Fund revenue for Code Enforcement fees in the amount of $5,908.55 and an acceptance of the property as an asset of the City valued at $90,000. Additionally, future maintenance of the park and park amenities, as well as associated recreation programs, would require an investment from the General Fund and would be budgeted for in the corresponding years’ budget.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 3

Menifee Mayor and City Council
April 16, 2025
Page
117 of 750

City of Menifee Staff Report
Agreement with Canyon Heights Association
April 16, 2025

Page 4 of 4 ends

2 6
3 6

ATTACHMENTS

1. Agreement for Dedication and Use of Property and Escrow Instructions Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 4

Menifee Mayor and City Council
April 16, 2025
Page
118 of 750

-1-

AGREEMENT FOR DEDICATION AND USE OF PROPERTY AND ESCROW

INSTRUCTIONS
This AGREEMENT FOR DEDICATION AND USE OF PROPERTY AND
ESCROW INSTRUCTIONS ( “Agreement”) is made and entered into as of _______, 2025 (“Effective Date” ), by and between Canyon Heights Association, a California nonprofit mutual benefit corporation (“Canyon Heights ”), and CITY OF MENIFEE, a California municipal corporation (“City”).

R E C I T A L S:

A. Canyon Heights is the owner of certain unimproved, vacant real property located in the City of Menifee, County of Riverside , State of California (the “Property”).

The Property is legally described in Exhibit A, which is attached hereto and incorporated herein by this reference.

B. Canyon Heights desires to dedicate and convey the Property to City, for no monetary payment from City, for purposes of charitable internal revenue tax considerations, City is willing to accept such dedication and conveyance, all on and subject to the terms and conditions set forth herein.

A G R E E M E N T:

NOW, THEREFORE, in consideration of the foregoing R ecitals, which are incorporated herein by this reference, and the mutual covenants herein contained, the parties hereto agree as follows:

1. DEDICATION OF PROPERTY.

1.1 Dedication, Purchase Sum. Canyon Heights agrees to dedicate and convey the Property to City, and City agrees to accept the dedication and conveyance of the Property from Canyon Heights for a sum of zero dollars and zero cents ($0.00) subject to the terms and conditions of this Agreement.

1.2 Partial Consideration, Outstanding Fees . As partial consideration for Canyon Heights’ entering into this Agreement, City shall process satisfaction of the following outstanding code enforcement fees due from Canyon Heights to the City and any late fees in connection therewith pending satisfaction thereof : (a) Demand Payoff Request and Release of Notice of Pendency dated October 21, 2024 for a total amount due of $5,646.30; (b) Notice of Fees Due in relation to Case No. CE-18-0297 in an amount due of $137.25, and (c) Notice of Fees Due in relation to Case No. CE -23-0774 in an amount due of $125.00 (the “Code Enforcement Satisfaction”) . The Code Enforcement Satisfaction shall be processed within ten (10) days after the Close of Escrow. This Section 1.2 does not excuse any existing or continuing violations of the Menifee Municipal Code or other applicable law, nor does it provide a guarantee that Canyon Heights will not receive subsequent administrative citations, penalties, fee demands or otherwise in Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 5

Menifee Mayor and City Council
April 16, 2025
Page
119 of 750

2905/031858-2002
21309208.9 a03/21/25 -2-

relation to violations of the Menifee Municipal Code or other applicable laws. This Section

1.2 shall survive termination of the Agreement until the Code Enforcement Satisfaction is processed and confirmation thereof is provided to Canyon Heights.

2. DUE DILIGENCE. As used herein, the term “Due Diligence Period” shall refer to the sixty (60) day period commencing upon the Effective Date. City and Canyon Heights may agree, in their discretion to extend the periods set forth in this Section 2 by mutual written agreement.

City’s obligation to consummate the transactions contemplated by this Agreement is subject to and conditioned upon City ’s approval, deemed approval or waiver of the right to approve of the following contingencies set forth in this Section 2:

2.1 Title.

2.1.1 City shall, at its sole cost and expense, obtain a preliminary title report prepared by Stewart Title of California, Inc. (the “Title Company”) for the Property dating not more than thirty (30) days earlier than the Effective Date describing the state of title to the Property together with copies of all underlying documents (collectively the “Preliminary Title Report”).

2.1.2 City shall notify Canyon Heights in writing of any objections City may have to title exceptions contained in the Preliminary Title Report no later than the date which is thirty (30) days after City ’s receipt of the Preliminary Title Report ( “City’s Objection Notice ”). City ’s approval or disapproval of the matters set forth in the Preliminary Title Report may be granted or withheld in City’s sole and absolute discretion.

City’s failure to provide Canyon Heights with a City’s Objection Notice within said period shall constitute City ’s approval of all exceptions to title s hown on the Preliminary Title Report. Canyon Heights shall have a period of fifteen (15) days after receipt of City’s Objection Notice in which to deliver written notice to City (“Canyon Heights’ Notice”) of Canyon Heights ’ election to either (i) agree to remove the objectionable items on the Preliminary Title Report prior to the “Close of Escrow” (as that term is defined in Section

4.1), or (ii) decline to remove any such title exceptions. Canyon Heights’ failure to provide City with Canyon Heights ’ Notice within said period shall constitute Canyon Heights ’ election not to remove the objectionable items on the Preliminary Title Report. If Canyon Heights notifies City of its election not to remove the objectionable items on the Preliminary Title Report or is deemed to have decline to remove such objectionable items, City shall have the right, by written notice (“City’s Title Acceptance Notice” ) delivered to Canyon Heights within ten (10) days after City’s receipt of Canyon Heights’ Notice or the date Canyon Heights is deemed to have declined to remove the objectionable exceptions, to agree to accept the Property subject to the objectionable items, in which case the dedication of the Property and all obligations of the parties hereunder shall occur subject to the terms and conditions of the Agreement. If City fails to provide City ’s Title Acceptance Notice in the ten (10) day period after City’s receipt of Canyon Heights’ Notice or the date Canyon Heights is deemed to have declined to remove the objectionable exceptions, City and Canyon Heights shall be deemed to agree to terminate this Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 6

Menifee Mayor and City Council
April 16, 2025
Page
120 of 750

2905/031858-2002
21309208.9 a03/21/25 -3-

Agreement and relieve each party from its respective obligations hereunder except for other obligations that expressly survive termination of this Agreement.

2.1.3 Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply t o said amendment or supplement. The process set forth above for City ’s review and Canyon Heights ’ response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Close of Escrow shall be extended for such period as is necessary to allow for that review and response process to be completed.

2.2 Condition of Property.

2.2.1 Within fifteen (15) days after the Effective Date, Canyon Heights shall deliver to City all studies, reports and other written information Canyon Heights has in its possession and/or control that relate to the Property (“Canyon Heights Document Disclosures”).

2.2.2 On October 11, 2024, Canyon Heights and City executed that certain Permission to Enter (“Entry Agreement ”) whereby City, its engineers, analysts, employees, agents, contractors, representatives, attorneys or advisors (collectively, the “City Representatives”) were authorized by Canyon Heights to enter onto the Property and perform certain surveys, investigations, and studies set forth therein ( “City Environmental Review Documents ”), which surveys, investigations, and studies are under review by City.

2.2.3 If prior to or during the Due Diligence Period, City becomes aware of conditions on the Property, through the Canyon Heights Document Disclosures, City Environmental Review Documents, the NHD Report (defined below) or otherwise which, in City’s reasonable discretion, necessitate further surveys, investigations, or studies, the City and Canyon Heights shall cooperate in good faith for City to complete such surveys, investigations, or studies at City’s sole cost and expense, which shall include entry into a separate entry agreement in a form acceptable to both City and Canyon Heights.

2.2.4 Prior to expiration of the Due Diligence Period, City shall notify Canyon Heights in writing of (i) City’s election to terminate the Escrow and this Agreement, if City disapproves of the physical or environmental conditions of the Property and, as a result, does not wish to proceed with purchasing the Property (“City’s Property Termination Notice”), (ii) any objections City may have (the “Disapproved Property Matters”) to any physical or environmental conditions of the Property ( “City’s Property Objection Notice”), or (iii) City’s approval of the physical and environmental condition of the Property (“City’s Approval Notice”). City’s approval or disapproval of the physical and environmental conditions of the Property may be granted or withheld in City ’s sole and absolute discretion. In the event City terminates this Agreement pursuant to this Section, City and Canyon Heights shall be relieved of all further liability under this Agreement, except for other obligations that expressly survive termination of this Agreement. City’s failure to provide Canyon Heights with a City’s Property Termination Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 7

Menifee Mayor and City Council
April 16, 2025
Page
121 of 750

2905/031858-2002
21309208.9 a03/21/25 -4-

Notice, a City’s Property Objection Notice, or a City ’s Approval Notice prior to the expiration of the Due Diligence Period shall constitute City’s approval of the physical and environmental condition of the Property . If City provides to Canyon Heights City’s Property Objection Notice, Canyon Heights shall have a period of fifteen (15) days after receipt of City ’s Property Objection Notice in which to deliver written notice to City (“Canyon Heights’ Response”) of Canyon Heights’ election to either (i) agree to remove the Disapproved Property Matters prior to the Close of Escrow, or (ii) decline to remove the Disapproved Property Matters. Canyon Heights ’ failure to provide City with Canyon Heights’ Response within said period shall constitute Canyon Heights ’ election to not remove the Disapproved Property Matters prior to the Close of Escrow. If Canyon Heights notifies City of its election not to remove the Disapproved Property Matters or is deemed to have elected not to remove the Disapproved Property Matters, City shall have the right, by written notice (“City’s Condition Acceptance Notice”) delivered to Canyon Heights within ten (10) days after City’s receipt of Canyon Heights’ Response or the date Canyon Heights is deemed to have declined to remove the Disapproved Propert y Matters, to agree to accept the Property subject to the Disapproved Property Matters, in which case the dedication of the Property and all obligations of the parties hereunder shall occur subject to the terms and conditions of the Agreement. If City fai ls to provide City ’s Condition Acceptance Notice in the ten (10) day period after City ’s receipt of Canyon Heights’ Response or the date Canyon Heights is deemed to have declined to remove the Disapproved Property Matters, City and Canyon Heights shall be deemed to agree to terminate this Agreement and relieve each party from its respective obligations hereunder except for other obligations that expressly survive termination of this Agreement.

2.3 Appraisal. If this Agreement has not been terminated pursuant to the terms of Section 2.1 or 2.2 above, then within ten (10) days after the earlier of (i) the date of City’s approval or deemed approval of the matters set forth in the Preliminary Title Report and the physical and environmental condition of the Property, or (ii) the date of expiration of the Due Diligence Period, City shall, at its sole cost and expense, commission an appraisal of the Property for purposes of complying with IRS valuation requirements (the “Appraisal”).

2.4 NHD Report. Upon Opening of Escrow, Escrow Holder shall order a natural hazard disclosure report from Disclosure Source (“NHD Report”) for the approval of City within three (3) days of receipt. The City shall pay the cost of the NHD Report, which is estimated to be one hundred dollars ($100).

3. ESCROW.

3.1 Opening of Escrow . Closing of the dedication and conveyance of the Property shall take place through an escrow (“Escrow”) to be established within three (3) business days after the Effective Date with __________________________, at its office located at ___________________________________ (“Escrow Holder”). The opening of the Escrow (the “ Opening of Escrow ”) shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify City and Canyon Heights in writing of the date of t he Opening of Escrow.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 8

Menifee Mayor and City Council
April 16, 2025
Page
122 of 750

2905/031858-2002
21309208.9 a03/21/25 -5-

3.2 Escrow Instructions . This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of City and Canyon Heights to Escrow Holder.

Additionally, if Escrow Holder so requires, City and Canyon Heights agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder’s standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling.

4. CLOSE OF ESCROW.

4.1 Close of Escrow; Outside Closing Date. Provided that all of the conditions of this Agreement precedent to the “Close of Escrow” (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the “ Outside Closing Date, ” (as hereinafter defined) the closing for the dedication of the Property shall take place on the date which is thirty (30) days after the date on which all of “ City’s Conditions to Closing” and all of “Canyon Heights’ Conditions to Closing” (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party); provided, however, in no event shall the closing occur, if at all, later than the later of (i) one hundred fifty (150) days after the Effective Date, or (ii) ninety (90) days after the expiration of the Due Diligence Period (“Outside Closing Date ”). The terms “ Close of Escrow ” and the “Closing Date” are used herein to mean the time Canyon Heights’ grant deed conveying fee title to the Property to City is recorded in the Official Records of the Office of the County Recorder of Riverside County (“Official Records ”). If the Escrow is not in a condition to close by the Outside Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible.

4.2 Recordation; Release of Funds and Documents.

4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) a grant deed substantially in the form attached hereto and incorporated herein as Exhibit B transferring title to the Property to City (“Grant Deed ”), (ii) the Deed Restriction (defined below) in the form required by Section 10 hereof and (ii) such other and further documents as may be directed jointly by City and Canyon Heights.

4.2.2 Upon the Closing Date, Escrow Holder shall deliver conformed copies of all recorded documents to both City and Canyon Heights.

4.3 Escrow Cancellation Charges. If the Escrow does not close due to a default by one of the parties, the defaulting party shall bear all “ Escrow Cancellation Charges ” (as that term is defined below). If the Close of Escrow does not occur for any reason other than the default of a party, then City shall pay any Escrow Cancellation Charges.

As used herein, “Escrow Cancellation Charges” means all fees, charges and expenses Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 9

Menifee Mayor and City Council
April 16, 2025
Page
123 of 750

2905/031858-2002
21309208.9 a03/21/25 -6-

incurred by Escrow Holder or third parties engaged by Escrow Holder, as well as all expenses related to the services of the Title Company in connection with the issuance of the Preliminary Title Report and other title matters.

4.4 Closing Statement. At least three (3) business days prior to the Close of Escrow, Escrow Holder shall furnish City and Canyon Heights with a preliminary Escrow closing statement. The preliminary Escrow closing statement shall be approved in writing by City. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of t he final fully executed Escrow closing statement to City and Canyon Heights and all Escrow fees and costs will be paid by City.

5. DELIVERY OF DOCUMENTS REQUIRED FROM CITY AND CANYON HEIGHTS.

5.1 City’s Obligations. City agrees that on or before 10 :00 a.m. of the Closing Date, City shall deposit or cause to be deposited with Escrow Holder each of the following:
(a) a Preliminary Change of Ownership Statement completed in the manner required in Riverside County;
(b) an executed Deed Restriction in the form required by Section 10 hereof, or, if DPR has not finalized the Deed Restriction, a written certification from City certifying its compliance with Section 10 hereof; and
(c) a resolution or similar action of the decision-making governing body of City with the authority to enter into this Agreement authorizing City’s execution hereof and the matters contained herein, with a copy provided to Canyon Heights; (d) any and all instruments or other documents required from City (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement.

5.2 Canyon Heights ’ Obligations. Canyon Heights agrees that on or before 10:00 a.m. of the Closing Date, Canyon Heights shall deposit or cause to be deposited with Escrow Holder each of the following:
(a) the executed and acknowledged Grant Deed;
(b) a certificate addressed to City confirming that the express representations and warranties of Canyon Heights in Section 12 .2 are correct in all material respects, except as may be set forth in the certificate, subject to all of the limitations of Canyon Heights’ actual knowledge at the time of signature and liability in this Agreement; the content of such certificate to survive the Closing for a period of one (1) year (“Date Down Certificate”) (for the avoidance of doubt, the representations and warranties in the Date Down Certificate shall not apply to matters not within Canyon Heights’ actual knowledge at the Closing but that occurred or were discovered following the Closing);
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 10

Menifee Mayor and City Council
April 16, 2025
Page
124 of 750

2905/031858-2002
21309208.9 a03/21/25 -7-

(c) a Certificate of Non -Foreign Status (the “Non-Foreign Affidavit ”) executed and acknowledged by Canyon Heights in the form attached hereto as Exhibit C; (d) a resolution, minute order, or similar action of the decision- making board of Canyon Heights’ with the authority to enter into this Agreement authorizing Canyon Heights’ execution hereof and the matters contained herein, with a copy provided to City;
(e) all documents necessary for Title Company to issue the Title Policy that do not impose or increase any obligations or liabilities or limit or abrogate any rights of Canyon Heights under this Agreement or applicable law; and (f) all other funds, items, and instruments required from Canyon Heights (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement.

6. TITLE INSURANCE POLICY.

6.1 Title Policy. On the Closing Date, the Title Company, as insurer, shall issue a CLTA standard coverage owner’s policy of title insurance ( the “Title Policy”), in favor of City, as insured, with liability in the amount of the fair market value of the Property, as determined by the Appraisal, subject to the following:
(a) non-delinquent real property taxes and assessments; (b) title exceptions approved or deemed approved by City pursuant to Section 2.1 above;
(c) any other exceptions approved by City; and
(d) the standard printed conditions and exceptions contained in a CLTA standard coverage owner’s policy of title insurance regularly issued by the Title Company.

6.2 Payment for Title Policy. City shall be responsible to pay for the costs of a standard CLTA owner ’s policy of title insurance, including the costs of any title endorsements reasonably requested by City and all other costs for t he Title Policy, including, without limitation, the additional costs for an extended ALTA owner’s policy of title insurance.

7. TAXES & UTILITIES . Canyon Heights shall be responsible for paying for all property taxes or assessments assessed against the Property prior to the Closing, other than the Code Enforcement Satisfaction identified in Section 1.2 above. Canyon Heights shall be responsible for all utility services to the Property (if any) through the date of Close of Escrow and City shall be responsible for utility services thereafter. It shall be Canyon Heights’ responsibility to notify each utility company of the change in ownership, but City shall execute all forms necessary to assume responsibility for utility services after the Close of Escrow. No documentary transfer taxes are due under this Agreement pursuant to Revenue and Tax Code Section 11922.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 11

Menifee Mayor and City Council
April 16, 2025
Page
125 of 750

2905/031858-2002
21309208.9 a03/21/25 -8-

8. CONDITIONS PRECEDENT TO CLOSING.

8.1 Conditions Precedent to City’s Obligations. The obligations of City under this Agreement to accept the P roperty and close the Escrow shall be subject to the satisfaction or signed written waiver by City of each and all of the following conditions precedent (collectively “City’s Conditions to Closing”):
(a) City shall have approved the condition of the title to the Property, in accordance with Section 2.1 hereof;
(b) City shall have approved the condition of the Property, in accordance with Section 2.2 hereof;
(c) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in City;
(d) Escrow Holder holds all instruments and funds required for the Close of Escrow and will deliver to City the instruments and funds, if any, accruing to City pursuant to this Agreement;
(e) upon receipt of the NHD Report, City has not exercised its statutory rights of rescission;
(f) except as otherwise permitted by this Agreement, all representations and warranties by Canyon Heights in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Canyon Heights pursuant to this Agreement shall have been fulfilled by the Closing Date; (g) there shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against Canyon Heights that would materially and adversely affect Canyon Heights ability to unconditionally perform its obligations under this Agreement; and
(h) Canyon Heights is not in material default of any term or condition of this Agreement and no condition shall have occurred that would constitute a default with the giving of notice or the passage of time.

In the event that any of City’s Conditions to Closing are not satisfied, or waived in a writing signed by City, prior to the expiration of the applicable period for satisfaction or waiver, City may terminate this Agreement. In the event of such termination, neither party shall thereafter have any obligations to, or rights against, the other under this Agreement, except for any obligations that expressly survive the termination of this Agreement.

8.2 Conditions Precedent to Canyon Heights’ Obligations. The obligations of Canyon Heights under this Agreement shall be subject to the satisfaction or signed written Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 12

Menifee Mayor and City Council
April 16, 2025
Page
126 of 750

2905/031858-2002
21309208.9 a03/21/25 -9-

waiver by Canyon Heights of each and all of the following conditions precedent (“Canyon Heights’ Conditions to Closing”):
(a) Escrow Holder holds all instruments accruing to Canyon Heights pursuant to this Agreement;
(b) except as otherwise permitted by this Agreement, all representations and warranties by the City in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of City pursuant to this Agreement shall have been fulfilled by the Closing Date;
(c) City shall have complied with its obligations under Section 1.2 of this Agreement; and
(d) City shall have delivered all of the documents to be executed by City set forth in Section 5.1 and shall not be in default under this Agreement and no condition shall have occurred that would constitute a default with the giving of notice or the passage of time.

In the event that any of Canyon Heights’ Conditions to Closing are not satisfied, or waived in a writing signed by Canyon Heights , prior to the expiration of the applicable period for satisfaction or waiver, Canyon Heights may terminate this Agreement. In the event of such termination, neither party shall thereafter have any obligations to, or rights against, the other under this Agreement, except for any obligations that expressly survive the termination of this Agreement.

9. POSSESSION. Possession of the Property shall be delivered by Canyon Heights to City at 5:00PM on the Closing Date.

10. USE AND DEVELOPMENT OF PROPERTY AS A PARK FOR THE PUBLIC BENEFIT.

10.1 Deed Restriction. In connection with the matters contained in this Agreement, City has or is in the process of applying for grant funding from the California Department of Parks and Recreation (DPR) to develop the Property as a park for the public benefit (“Grant”). As part of the grant requirements, the City is required to prepare and record against the property a deed restriction in the form required by the DPR, which restricts the Property in perpetuity to park purposes for the public benefit (the “ Deed Restriction”). In the event the by January 1, 2027, City (i) is not awarded the Grant, (ii) has not recorded the Deed Restriction, or (iii) the Deed Restriction does not, to the reasonable satisfaction of Canyon Heights, restrict the Property to use as a park for the public benefit in perpetuity, then Canyon Heights may record a Memorandum of Agreement recording the provisions of this Agreement against the Property, including the provisions of this Section 10.

Following development of the Property pursuant to Section 10.2 below, in the event City ceases to use the Property for the purposes as a park for the public benefit, Title will revert back to Canyon Heights, and City will return the Property to Canyon Heights as-is, Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 13

Menifee Mayor and City Council
April 16, 2025
Page
127 of 750

2905/031858-2002
21309208.9 a03/21/25 -10-

or, at Canyon Heights’ election, in the same or similar condition as existed at the time of transfer to the City (i.e., open space) with all improvements not relating to use as a park removed. Canyon Heights acknowledges that in the event of such reversion, matters recorded on title following the Closing, including but not limited to the Deed Restriction, will remain recorded against the Property.

10.2 Expeditious Development. City intends to develop the Property as a park for the public benefit , to be open and operational no later than January 1, 2029, or the time provided in the Gran t, whichever is earlier . Notwithstanding the foregoing, the Parties acknowledge that development of the Property depends on many factors, some of which are outside of City’s control. Canyon Heights may request from City, and City shall provide upon request (a) no more than two (2) written formal progress reports per calendar year until the Property is developed as a park for the public benefit detailing the progress on development of the Property, anticipated principal steps in development, anticipated timelines for principal steps, and progress made since the last formal progress report, and/or (b) monthly or more frequently as-appropriate informal check-ins with City staff at Canyon Heights’ reasonable request to provide general updates and respond to questions regarding City’s progress, including by email, telephone, and/or City staff’s attendance at Canyon Heights’ board meetings.

In the event that Canyon Heights has reason to believe t hat the Property is not being developed in a reasonably expeditious manner, the Parties shall meet and confer in good faith to determine a feasible development schedule for the Property. In the event that City has not opened the Property as a park for the public benefit within four (4) years of the execution of this Agreement, or the time provided in the Grant, whichever is later, Canyon Heights may serve a written notice of default to City, and City shall have thirty (30) days to take action to commence c ure of the default. At that time, the Parties shall meet and confer in good faith to discuss factors contributing to the delay and a potential extension to the completion timeline as appropriate.

In the event City fails to commence cure of the default within the thirty (30) day period, and the Parties do not reach an agreement in good faith on an extension of time, Canyon Heights may pursue specific performance of the covenants in this Agreement pursuant to Section 15 hereof or demand reconveyance of the Property to Canyon Heights in the condition indicated in the second paragraph of Subsection 10.1 . Nothing contained in this Agreement shall provide Canyon Heights with any approval right over the components, design, or other details for developm ent of a park on the Property not expressly set forth herein.

10.3 Canyon Heights’ Access . Canyon Heights will provide private pedestrian access to the Property for its residents through an existing gated pedestrian footbridge located exclusively on Canyon Heights’ property (“ Resident Access”). Such Resident Access shall:

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 14

Menifee Mayor and City Council
April 16, 2025
Page
128 of 750

2905/031858-2002
21309208.9 a03/21/25 -11-

10.3.1 Not be opened to residents of Canyon Heights’ property or otherwise until Canyon Heights receives written notice from City that the Property is open as a park for the public benefit;

10.3.2 Not be open to members of the public or subject to control or use by the City or subject to any easement rights by the City;

10.3.3 Be maintained exclusively by or on behalf of Canyon Heights in good, safe condition; and

10.3.4 Be locked and inaccessible at all hours when the Property is not open to the public.

10.4 Maintenance of Property. Upon transfer of the Property to City, City shall be solely responsible for the maintenance, repair , replacement (where necessary) and upkeep of the Property and all improvements thereat , including, but not limited to, sidewalks, paths, parking lots, landscaping, park structures, facilities, irrigation, drainage, and any other improvement now existing or added by the City. Once development of the Property as a public park is complete, City shall maintain the Property in such a manner that it does not constitute a nuisance for the Association or residents of the Association.

Notwithstanding the foregoing, the Parties acknowledge that as of the date of this Agreement, the Property is unimproved open- space land that has been issued multiple citations for nuisance among other matters. Canyon Heights acknowledges that clean- up of the Property and remediation of the nuisance conditions thereupon will not be immediate upon Closing, and will occur concurrently with the development of a public park on the Property. Canyon Heights further acknowledges that remediation of the Property will require equipment, construction, surveys, and other measures which generate light, traffic, noise, and other potential disruptions consistent with such activities on a temporary basis.

10.5 Survival of Section. This Section 10 shall survive the Closing and shall continue so long as either Party has rights or obligations hereunder. The requirements in this Section 10 shall not survive if this Agreement terminates by reason other than the Close of Escrow.

11. ALLOCATION OF COSTS.

11.1 City’s Costs. City shall pay the following costs in connection with the Closing:
(a) City’s own attorney’s and administrative fees incurred in connection with this Agreement and the transactions contemplated hereby; (b) All costs of City’s compliance with the terms and conditions of this Agreement;
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 15

Menifee Mayor and City Council
April 16, 2025
Page
129 of 750

2905/031858-2002
21309208.9 a03/21/25 -12-

(c) All of the charges, if any, for recording the Deed Restriction (if applicable);
(d) All of the charges, if any, for recording the Grant Deed; (e) All costs of the Title Policy as more specifically described in Section

6.2 of this Agreement; and
(f) Escrow Holder’s escrow fee.

11.2 Canyon Heights’ Costs. Canyon Heights shall pay the following costs in connection with the Closing:
(a) Canyon Heights ’ own attorney ’s and administrative fees in connection with this Agreement and the transactions contemplated hereby; and (b) All costs of Canyon Heights’ compliance with the terms and conditions of this Agreement.

12. REPRESENTATIONS AND WARRANTIES.

12.1 City’s Representations, Warranties and Covenants. City hereby makes the following representations and warranties to Canyon Heights , each of which is true in all respects as of the date hereof and shall be true in all respects on the Closing Date:

12.1.1 City is duly organized and existing.

12.1.2 City has the legal power, right, and authority to execute, deliver and perform City’s obligations under this Agreement and the documents executed and delivered by City pursuant hereto.

12.1.3 All requisite action (corporate, trust, partnership, or otherwise) has been taken by City in connection with entering into this Agreement and the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent is required which has not been obtained to permit City to enter into this Agreement and consummate the transaction hereby.

12.1.4 The entering into this Agreement does not violate any provision of any other agreement to which City is bound.

12.2 Canyon Heights’ Representations and Warranties. Canyon Heights hereby represents and warrants to City , based on information and belief, that each of the following is true in all respects as of the date hereof and shall be true in all respects on the Closing Date:

12.2.1 Canyon Heights is duly organized and existing.

12.2.2 Canyon Heights owns and holds title to the Property.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 16

Menifee Mayor and City Council
April 16, 2025
Page
130 of 750

2905/031858-2002
21309208.9 a03/21/25 -13-

12.2.3 Canyon Heights has the legal power, right, and authority to execute, deliver and perform Canyon Heights ’ obligations under this Agreement and the documents executed and delivered by Canyon Heights pursuant hereto.

12.2.4 All requisite action has been taken by Canyon Heights in connection with entering into this Agreement and the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent is required which has not been obtained to permit Canyon Heights to enter into this Agreement and consummate the transactions contemplated hereby.

12.2.5 The entering into this Agreement does not violate any provision of any other agreement to which Canyon Heights is bound.

12.2.6 There is no pending or threatened litigation, lawsuit or administrative proceeding which would adversely affect the Property.

12.2.7 There are no contracts, agreements, management documents (such as Covenants, Conditions, and Restrictions) or leases affecting the Property which shall survive the Close of Escrow.

12.2.8 Canyon Heights has paid all taxes and assessments required to be paid pursuant to Section 7 of this Agreement. Canyon Heights accepts all federal and/or state tax consequences of the donation of the Property to City hereunder.

12.2.9 Except for the matters contained in Section 1.2, there are no pending liens, repairs, or violations of applicable laws or enforceable agreements against the Property.

12.2.10 Except for the matters contained in Section 1.2 , Canyon Heights has not received from any governmental authority any outstanding written notification from any governmental authority, indicating that the Property, or any portion or aspect thereof, or any operations occurring thereon, are in violation of any applicable law, rule, statute, building code, regulation, or ordinance.

12.2.11 Except as set forth in the Preliminary Title Report, there are no financial obligations secured by trust deeds, mortgages, financing statements, security agreements or otherwise, against the Property.

12.2.12 Except as set forth in the Preliminary Title Report, and to the best of Canyon Heights’ knowledge, there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Property, or other parties currently in possession, of the said interests on the Property.

12.2.13 There are no outstanding utility type bills on the Property.

12.2.14 There are no outstanding offers to purchase or rights of first refusal on the Property.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 17

Menifee Mayor and City Council
April 16, 2025
Page
131 of 750

2905/031858-2002
21309208.9 a03/21/25 -14-

12.2.15 To the best of Canyon Heights ’ knowledge, there are no Hazardous Materials present on the Property, or any portion thereof, and Canyon Heights has not been advised or notified by any third parties, prior owners of the Property, or any federal, state or local governmental agency, of the presence of any Hazardous Materials on the Property.

In the event Canyon Heights becomes aware of a change in circumstance during the term of the Escrow which would cause any of the representations or warranties of Canyon Heights under this Section 12 to be untrue, Canyon Heights shall advise City of such change in circumstance in writing within thre e ( 3) business days from Canyon Heights’ discovery thereof. City shall then have fifteen (15) business days from receipt of such notice from Canyon Heights to deliver written notice to Canyon Heights of City’s election to either (i) terminate this Agreement, or (ii) waive objection to such change in circumstance and to accept title to the Property subject to such change in circumstance.

City’s failure to notify Canyon Heights in writing within said fif teen (15) business day period shall conclusively be deemed City’s election to waive objection to such change in circumstance and to proceed to close the Escrow subject to such change in circumstance.

Except with respect to (i) the covenants, representations, and warranties set forth in this Agreement or as otherwise expressly provided in this Agreement and (ii) any loss, damage, injury, liability, claim, expense or demand arising out of (a) Canyon Heights’ breach of this Agreement or any documents entered into by City and/or Canyon Heights in connection therewith, (b) the gross negligence, willful misconduct or fraud of Canyon Heights, (c) the presence, release or discharge of any Hazardous Materials in, at, about or under the Property knowingly caused or permitted by Canyon Heights , and (d) any claims against Canyon Heights relating to claims by third parties made against City to the extent such claims are based upon actions, omissions or occurrences of Canyon Heights prior to the Closing Date (collectively, the “ Excluded Claims ”), City does hereby acknowledge and agree that City is purchasing the Property in an “ as-is, where is, with all faults” condition as of the Closing Date. Except as set forth in this Agreement, Canyon Heights has made no representations or warranties regarding the Property, City shall have undertaken all such inspections and examinations in connection with the Property as City deems necessary or appropriate under the circumstances (including, without limitation, the physical and environmental condition of the Property, the zoning of the Property, the Property ’s compliance with applicable laws, the condition of any improvements on the Property, and the availability or lack thereof of entitlements for the development and use of the Property), and that based upon the same, City is and will be relying strictly and solely upon such inspections and examinations and the advice of its agents, consultants, contractors, vendors and representatives. Except as set forth in this Agreement, neither Canyon Heights nor any representative, member, agent, employee, property manager, broker, principal, partner, affiliate or consulta nt of Canyon Heights is making or has made any warranty or representation (either express or implied) with respect to all or any part of the Property as an inducement to City to enter into this Agreement and thereafter purchase the Property or for any other purpose. Except with respect to the covenants, representations, and warranties set forth in this Agreement or as otherwise expressly provided in this Agreement or with respect to the Excluded Claims, City hereby expressly disclaims (on behalf of itself and any party affiliated with or related Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 18

Menifee Mayor and City Council
April 16, 2025
Page
132 of 750

2905/031858-2002
21309208.9 a03/21/25 -15-

to City) any and all Canyon Heights representations and warranties (either express or implied).

Initials: ____ ____
Canyon Heights City
As used in this Agreement, the term “ Hazardous Material(s)” includes, without limitation, any hazardous or toxic material, substance, irritant, chemical, or waste, including without limitation (a) any material defined, classified, designated, listed or otherwise considered under any Environmental Law, including, w ithout limitation, as defined in California Health & Safety Code Section 25260, as a “hazardous waste, ” “hazardous substance, ” “hazardous material, ” “extremely hazardous waste, ” “acutely hazardous waste, ” “radioactive waste, ” “biohazardous waste, ” “pollutant,” “toxic pollutant,” “contaminant,” “restricted hazardous waste, ” “infectious waste, ” “toxic substance,” or any other term or expression intended to define, list, regulate or classify substances by reason of properties harmful to health, safety or the indoor or outdoor environment, (b) any material, substance or waste which is toxic, ignitable, corrosive, reactive, explosive, flammable, infectious, radioactive, carcinogenic or mutagenic, and which is or becomes regulated by any local governmental authori ty, any agency of the State of California or any agency of the United States Government, (c) asbestos, and asbestos containing material, (d) oil, petroleum, petroleum based products and petroleum additives and derived substances, (e) urea formaldehyde foam insulation, (f) polychlorinated biphenyls (PCBs), (g) freon and other chlorofluorocarbons, (h) any drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resourc es, (i) mold, fungi, viruses or bacterial matter, and (j) lead-based paint.

As used in this Agreement, the term “ Environmental Laws” means any and all federal, state and local laws, statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amen ded or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, assessment, investigation, study, monitoring, removal, remediation, cleanup, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the following statutes and their underlying regulations, as they have been amended from time to time, and the following referenced common laws: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §§ 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Oil Pollution Act (33 U.S.C. §§ 2701 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. §§ 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Wat. Code, §§ 13000 et seq.), the Toxic Mold Protection Act (Cal. Health & Saf. Code, §§ 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 – Cal.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 19

Menifee Mayor and City Council
April 16, 2025
Page
133 of 750

2905/031858-2002
21309208.9 a03/21/25 -16-

Health & Saf. Code, §§ 25249.5 et seq.), the California Hazardous Waste Control Law (Cal. Health & Saf. Code, §§ 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Saf. Code, §§ 25500 et seq.), the Carpenter-Presley- Tanner Hazardous Substances Account Act (Cal. Health & Saf. Code, §§ 25280 et seq.), the California Underground Storage of Hazardous Substances Laws (Cal. Health & Saf.

Code, §§ 25280 et seq.) and the California common laws of nuisance, trespass, waste , and ultra-hazardous activity.

13. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, City and Canyon Heights shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement and following such meeting either City or Canyon Heights may terminate this Agreement.

14. RISK OF PHYSICAL LOSS. Risk of physical loss to the P roperty shall be borne by Canyon Heights prior to the Close of Escrow and by City thereafter. In the event that the Property shall be damaged by fire, flood, earthquake or other casualty prior to the Close of Escrow, City shall have the option to terminate this Agreement, provided notice of such termination is delivered to Canyon Heights within fifteen (15) business days following the date City learns of the occurrence of such casualty. If City fails to terminate this Agreement pursuant to the foregoing sentence within said fifteen (15) business day period, City shall complete the acquisition of the Property, in which case Canyon Heights shall assign to City the interest of Canyon Heights in all insurance proceeds relating to such damage. Canyon Heights shall consult with City regarding any proposed settlement with the insurer and City shall have the reasonable right of approval thereof. Canyon Heights shall hold such proceeds until the Close of Escrow. In the event this Agreement is terminated for any reason prior to the Close of Escrow, City shall have no right to any insurance proceeds.

15. WAIVER OF DAMAGES; SPECIFIC PERFORMANCE. Except as otherwise set forth in this Agreement, i n the event a party defaults under this Agreement, the non- defaulting party ’s sole and exclusive remedy will be for specific performance of this Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO PURSUE DAMAGES

RESULTING FROM A DEFAULT OR BREACH OF THIS AGREEMENT, AND IN NO

EVENT SHALL THE DEFAULTING PARTY BE LIABLE FOR DAMAGES FOR A DEFAULT OR BREACH OF THE DEFAULTING PARTY’S OBLIGATION UNDER THIS

AGREEMENT, ALL OF WHICH RIGHTS ARE HEREBY WAIVED AND RELINQUISHED BY THE NON-DEFAULTING PARTY. The parties agree that the foregoing limitation on their respective remedies and measure of damages is reasonable under all of the circumstances of this Agreement, and is a material consideration for the parties entering into this Agreement.

Canyon Heights’ Initials

City’s Initials
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 20

Menifee Mayor and City Council
April 16, 2025
Page
134 of 750

2905/031858-2002
21309208.9 a03/21/25 -17-

16. MISCELLANEOUS.

16.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of City and Canyon Heights and their respective heirs, personal representatives, successors, and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretio n of such other party, and any assignment made in violation of this Section 16.1 shall be null and void. With the exception of the express rights of the City under this Agreement, no provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship.

16.2 Choice of Laws. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law without regard to conflict of law principles. Service of process on City or Canyon Heights shall be made in accordance with California law.

16.3 Attorney’s Fees . In the event of any action between City and Canyon Heights seeking enforcement of any of the terms and conditions to this Agreement or an Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief awarded, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney’s fees.

16.4 Notices. All notices under this Agreement shall be effective (i) upon personal delivery, (ii) upon delivery by reputable overnight courier that provides a receipt with the date and time of delivery, or (iii) three (3) business days after deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

To City:

City of Menifee
29844 Haun Rd
Menifee, California 92586
Email.: [email protected]
Phone: (951) 672-6777
Attention: City Manager
Copy to: Rutan & Tucker, LLP
18575 Jamboree Rd, 9th Floor
Irvine, California 92612
Email: [email protected]
Phone: (714) 641-3422
Attention: Jeffrey T. Melching, Esq.

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 21

Menifee Mayor and City Council
April 16, 2025
Page
135 of 750

2905/031858-2002
21309208.9 a03/21/25 -18-

To:

Canyon Heights Homeowners Association
3536 Concours Street, Ste 100
Ontario, CA 91764
Copy to:

Michelle A. Copeland, Esq.

Delphi Law Group, LLP
5868 Owens Ave., Suite 200
Carlsbad, CA 92008

16.5 Fair Meaning . This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto.

16.6 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement.

16.7 Administration of Agreement . This Agreement shall be administered on behalf of City by the City Manager of the City of Menifee, or his or her designated representative, following approval of this Agreement by the City Council. The City Manager (or his or her authorized representative) shall have the authority to act on behalf of the City to issue interpretations, waive provisions, agree to extensions , and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially add to the costs of City as specified herein.

16.8 Nonliability of City Officials. No officer, official, member, employee, agent, or representative of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.

16.9 Gender; Number . As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates.

16.10 Survival. Except as expressly stated otherwise herein, this Agreement and all representations and warranties contained herein, shall survive the Closing Date for a period of one (1) year and shall remain a binding contract between the parties hereto.

16.11 Time, Extensions. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. The parties may, in each of their sole discretion, mutually agree in writing to extensions of time for any matter contained in this Agreement. In the event that any deadline, performance or act required under this Agreement falls on a day which is not a business day, the time for the deadline, performance of such act shall be extended to the next succeeding business Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 22

Menifee Mayor and City Council
April 16, 2025
Page
136 of 750

2905/031858-2002
21309208.9 a03/21/25 -19-

day. As used herein, a business day shall mean any day which is not a weekend, or state, a federal or bank holiday.

16.12 Waiver. A waiver of a provision hereof shall be effective only if said waiver is in writing, and signed by both City and Canyon Heights. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any future breach or default unless expressly provided herein or in the waiver.

16.13 Broker’s/Consulting Fees. Canyon Heights and City represent and warrant to the other that neither City nor Canyon Heights has employed any real estate broker to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable att orney’s fees) in any manner connected with a claim asserted by any individual or entity for any broker’s commission in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission.

16.14 No Withholding Because Non- Foreign Entity. Canyon Heights represents and warrants to City that Canyon Heights is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to City on or before the Close of Escrow a Certificate of N on-foreign Status on Escrow Holder’s standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the regulations promulgated thereunder and a California Form 593-C.

16.15 Counterparts. This Agreement may be executed in any number of counterparts, all of which shall be of equal legal force and effect.

16.16 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

16.17 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference:

Exhibit A Legal Description of Property
Exhibit B Form of Grant Deed
Exhibit C Certificate of Non-Foreign Status

16.18 Covenants of Canyon Heights . Canyon Heights agrees that during the period between the Effective Date of this Agreement and the Closing Date:

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 23

Menifee Mayor and City Council
April 16, 2025
Page
137 of 750

2905/031858-2002
21309208.9 a03/21/25 -20-

(a) Canyon Heights shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear); (b) Canyon Heights shall not convey, grant, lease, rent, license, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein;
(c) Canyon Heights shall not alter the physical condition of the Property or knowingly introduce or release, or permit the introduction or release, of any Hazardous Material in, from, under, or on the Property;
(d) Prior to the Closing Date, Canyon Heights shall maintain Canyon Heights’ existing insurance on the Property.

16.19 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of City and Canyon Heights with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreem ent in writing signed by duly authorized officers or representatives of each of the parties hereto.

16.20 Authority. The Parties represent, warrant, and covenant that the individuals signing on behalf of any entity have the requisite corporate and/or legal power and authority to bind that entity.
[S
IGNATURES ON NEXT PAGE]

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 24

Menifee Mayor and City Council
April 16, 2025
Page
138 of 750

-21-
IN WITNESS WHEREOF, Cit y and Canyon Heights each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above.

Date:____________________, 2025
“City”

CITY OF MENIFEE,
a California municipal corporation
By:

Name: A rmando G. Villa
Its: City Manager
ATTEST:

Stephanie Roseen, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
B
y:

Jeffrey T. Melching, City Attorney
D
ate:____________________, 2025
Date:____________________, 2025
“Canyon Heights”
CANYON HEIGHTS ASSOCIATION, a
nonprofit mutual benefit corporation
By: ______________________________
______________________
By: ______________________________
______________________
_________________________________ agrees to act as Escrow Holder in accordance with the terms of this Agreement.

Date:____________________, 2025
_____________________________
By:
________________________
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 25

Menifee Mayor and City Council
April 16, 2025
Page
139 of 750

2905/031858-2002
21309208.9 a03/21/25 EXHIBIT A

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
[Attachment begins on following page]
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 26

Menifee Mayor and City Council
April 16, 2025
Page
140 of 750

2905/031858-2002
21309208.9 a03/21/25 -23-

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 27

Menifee Mayor and City Council
April 16, 2025
Page
141 of 750

2905/031858-2002
21309208.9 a03/21/25 -24-

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 28

Menifee Mayor and City Council
April 16, 2025
Page
142 of 750

2905/031858-2002
21309208.9 a03/21/25 EXHIBIT B

EXHIBIT B

FORM OF GRANT DEED

[SEE FOLLOWING PAGES]

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 29

Menifee Mayor and City Council
April 16, 2025
Page
143 of 750

2905/031858-2002
21309208.9 a03/21/25 -26-

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Menifee
29844 Huan Road
Menifee, CA 92586
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(Exempt from Recordation Fee per Gov. Code § 27383)

The undersigned Grantor hereby declares that the
Documentary Transfer Tax for this instrument is $0
under Revenue Transfer Tax Code Section 11922 as the
conveyance is to a governmental entity

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CANYON HEIGHTS ASSOCIATION, a nonprofit mutual benefit corporation (the “Grantor”), hereby grants to CITY OF MENIFEE, a California municipal corporation, that certain real property ( “Property”) located in the City of Menifee , County of Riverside, State of California, described in the legal description attached hereto as Attachment No. 1 and incorporated herein by this reference, subject to all matters of record.

“Grantor”
CANYON HEIGHTS ASSOCIATION, a
nonprofit mutual benefit corporation
By:
_______________________

By:
_______________________
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 30

Menifee Mayor and City Council
April 16, 2025
Page
144 of 750

2905/031858-2002
21309208.9 a03/21/25

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 Riverside )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.

Signature (Seal)

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 31

Menifee Mayor and City Council
April 16, 2025
Page
145 of 750

2905/031858-2002
21309208.9 a03/21/25

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.

Signature (Seal)

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 32

Menifee Mayor and City Council
April 16, 2025
Page
146 of 750

2905/031858-2002
21309208.9 a03/21/25

CERTIFICATE OF ACCEPTANCE

(GOVERNMENT CODE SECTION 27281)

This is to certify that the interest in real property conveyed by the deed or grant dated _________ from CANYON HEIGHTS ASSOCIATION, a nonprofit mutual benefit corporation to CITY OF MENIFEE, a California municipal corporation, is hereby accepted by order of the City Council of the City of Menifee on __________, and the grantee consents to recordation thereof by its duly authorized officer.

City of Menifee, a California
municipal corporation

_________________________
Dated: __________________________ By: Armando G. Villa, City Manager

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.

Signature (Seal)

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 33

Menifee Mayor and City Council
April 16, 2025
Page
147 of 750

2905/031858-2002
21309208.9 a03/21/25

ATTACHMENT NO. 1
[Attachment begins on following page]
Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 34

Menifee Mayor and City Council
April 16, 2025
Page
148 of 750

2905/031858-2002
21309208.9 a03/21/25

LEGAL DESCRIPTION OF PROPERTY

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 35

Menifee Mayor and City Council
April 16, 2025
Page
149 of 750

2905/031858-2002
21309208.9 a03/21/25

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 36

Menifee Mayor and City Council
April 16, 2025
Page
150 of 750

2905/031858-2002
21309208.9 a03/21/25

EXHIBIT C

CERTIFICATE OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest in CANYON HEIGHTS ASSOCIATION, a nonprofit mutual benefit corporation (“Canyon Heights”), the undersigned hereby certifies the following on behalf of Canyon Heights:

1. Canyon Heights is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations);

2. Canyon Heights’ U.S. employer identification number is 20-0980919; and

3. Canyon Heights’ office address is 27051 Towne Centre, Drive, Suite 200, Foothill Ranch, CA 92610.

Canyon Heights understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. I further declare that I have authority to sign this document on behalf of Canyon Heights.

“Canyon Heights”

CANYON HEIGHTS ASSOCIATION, A
nonprofit mutual benefit corporation
Date:____________________, 2025 By:
______________________

Date:____________________, 2025 By:
______________________

Item Title: 10.12
Agreement with Canyon Heights Association for the Quail Valley Park Project Item Page Number: 37

Menifee Mayor and City Council
April 16, 2025
Page
151 of 750

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Vet Corps Contracting, Inc. for Construction Services for the Pedestrian Crossing at Audie Murphy Road Project
MEETING DATE: April 16, 2025
TO: Mayor and City Council
PREPARED BY: Evelyn Solano, Engineering Technician II
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Vet Corps Contracting, Inc. for construction services for the Pedestrian Crossing at Audie Murphy Road Project, Capital Improvement Program (CIP) Project No. 24-03, which is located on Audie Murphy Road in front of The Ranch House at Audie Murphy Ranch (AMR), in a total not-to-exceed amount of $167,885; and

2. Adopt a budget amendment resolution appropriating $100,000 for the Project within the Community Facility District (CFD) 2012-01 Audie Murphy Ranch (Fund 2490).

DISCUSSION
The Pedestrian Crossing at Audie Murphy Road Project, CIP Project No. 24-03 (“Project”), would install a pedestrian crossing to provide safe access to The Ranch House at AMR, which provides various amenities to the community. The Project would consist of reconstructing the curb, gutter and sidewalk to narrow Audie Murphy Road in front of The Ranch House to create a traffic calming device and reduce the length of the pedestrian crossing in the roadway. The Project would install thermoplastic high visibility pedestrian crossing markings and edge line striping to clearly distinguish the pedestrian crossing and designate "No Parking" zones by painting the curbs red to provide protection and improve safety for pedestrian traffic. Additionally, a new rapid rectangular flashing beacon (RRFB) would be installed at the crossing to enhance visibility and alert drivers to the presence of pedestrians. Concrete work would also include the construction of an Americans with Disabilities Act (ADA) compliant pedestrian ramps for accessible access of all users. The Project’s improvements improve the overall infrastructure surrounding The Ranch House at AMR to create a safer and more accessible environment for all users.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 1

Menifee Mayor and City Council
April 16, 2025
Page
152 of 750

City of Menifee Staff Report
CIP 24-03 Vet Corps Contracting Bid Award
April 16, 2024

Page 2 of 4 ends

2 6
5 2
On February 28, 2025, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of 18 bid submissions with several bids submitted in amounts lower than the Engineer’s Estimate, as summarized in Table 1 below.

TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Bid Amount Lowest and
Responsible Bidder
Engineer’s Estimate $172,000.00
Vet Corps Contracting, Inc. $167,885.00 X
Elias Engineering Construction $168,388.00
Metrocell Construction, Inc. $171,769.78
CT&T Concrete Paving Inc. $171,926.11
DM Contracting, Inc. $184,404.00
Wheeler Paving $199,339.20
Red Castle Construction $211,349.25
ANEEN CONSTRUCTION, INC $216,389.00
Roadway Engineering & Construction Corp. $219,197.80
RE Chaffee Construction Inc. $230,108.00
TVR Construction Engineering LLC $243,585.00
Leonida Builders, Inc. $246,007.00
A M Concrete, Inc. $259,394.50
We R Builders, Inc. $271,517.00
ISSA ELECTRIC INC $272,412.59
Hillcrest Contracting, Inc. $321,647.80
BWW & Company Inc $324,137.87
Wright Construction Engineering Corp $332,965.00
Staff reviewed the lowest bid and determined that Vet Corps Contracting, Inc. (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $167,885. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.

The total estimated construction cost is $199,800, which would include construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.

If approved by the City Council, the tentative Project schedule would be as follows:

Construction Start: May 2025
Construction End: June 2025
City Council Acceptance: July 2025
The timeline above assumes no delays due to weather or unforeseen conditions.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 2

Menifee Mayor and City Council
April 16, 2025
Page
153 of 750

City of Menifee Staff Report
CIP 24-03 Vet Corps Contracting Bid Award
April 16, 2024

Page 3 of 4 ends

2 6
5 2
Environmental Impact
The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, Section 15301, Existing Facilities.

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a Project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City right- of-way (“ROW”). No additional automobile lanes will be created by the Project. The proposed Project is the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.

The proposed Project is also exempt under the general rule that CEQA applies only to Projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question would have a significant effect on the environment because the proposed Project is occurring in an area that is heavily disturbed and is not environmentally sensitive.

The amount of the proposed Contract Services Agreement (“Contract”) exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed Contract with Vet Corps Contracting, Inc. is in the total amount not-to-exceed $167,885. The total anticipated fiscal impact for the construction phase of the Project, which includes the cost of the Contract, ancillary services such as materials testing and labor compliance, as well as unforeseen costs that may arise during construction, is $199,800.

A budget amendment resolution (BAR) would appropriate expenditures within the CFD 2012-01 AMR Fund for street improvements (2490-PWD-CIPS-760020) for the Project in the amount of $100,000. The remainder of the funding for the proposed Contract is available in the fiscal year 2024/2025 budget within the CFD 2012-01 AMR Fund (2490-PWD-CIPS-760020), as summarized in Table 2 on the following page.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 3

Menifee Mayor and City Council
April 16, 2025
Page
154 of 750

City of Menifee Staff Report
CIP 24-03 Vet Corps Contracting Bid Award
April 16, 2024

Page 4 of 4 ends

2 6
5 2
TABLE 2 – PROJECT BUDGET AND APPROPRIATION
Fund Project String No. Funding
Source
Expenditure
Budget Project Cost
CFD 2012-01
AMR CIP24-03.2490.CON.CAE Existing
Budget $100,000 $199,800
CFD 2012-01
AMR CIP24-03.2490.CON.CAE BAR $100,000 -
TOTAL $200,000 $199,800

ATTACHMENTS

1. Project Location Map

2. Contract

3. Budget Amendment Resolution
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 4

Menifee Mayor and City Council
April 16, 2025
Page
155 of 750

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 5

Menifee Mayor and City Council
April 16, 2025
Page
156 of 750

-1-

CONTRACT SERVICES AGREEMENT
CIP 24-03 PEDESTRIAN CROSSING AT AUDIE MURPHY ROAD
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and VET CORPS CONTRACTING, INC, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit B, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on April 16, 2025, Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 6

Menifee Mayor and City Council
April 16, 2025
Page
157 of 750

-2-
herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 7

Menifee Mayor and City Council
April 16, 2025
Page
158 of 750

-3-
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 8

Menifee Mayor and City Council
April 16, 2025
Page
159 of 750

-4-
unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement.

In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 9

Menifee Mayor and City Council
April 16, 2025
Page
160 of 750

-5-
and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed

ONE HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS ZERO CENTS ($167,885.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
invoice, etc.;
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 10

Menifee Mayor and City Council
April 16, 2025
Page
161 of 750

-6-
f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor.

Also at Contractor’s expense, Contractor may direct investment of the payments into Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 11

Menifee Mayor and City Council
April 16, 2025
Page
162 of 750

-7-
securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 12

Menifee Mayor and City Council
April 16, 2025
Page
163 of 750

-8-
not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 13

Menifee Mayor and City Council
April 16, 2025
Page
164 of 750

-9-
insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial:

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 14

Menifee Mayor and City Council
April 16, 2025
Page
165 of 750

-10-

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent).

No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 15

Menifee Mayor and City Council
April 16, 2025
Page
166 of 750

-11-
additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 24-03 PEDESTRIAN CROSSING AT AUDIE MURPHY ROAD. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 16

Menifee Mayor and City Council
April 16, 2025
Page
167 of 750

-12-
Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 17

Menifee Mayor and City Council
April 16, 2025
Page
168 of 750

-13-
and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;
b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect,
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 18

Menifee Mayor and City Council
April 16, 2025
Page
169 of 750

-14-
defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 19

Menifee Mayor and City Council
April 16, 2025
Page
170 of 750

-15-
SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 20

Menifee Mayor and City Council
April 16, 2025
Page
171 of 750

-16-
Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 21

Menifee Mayor and City Council
April 16, 2025
Page
172 of 750

-17-
California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 22

Menifee Mayor and City Council
April 16, 2025
Page
173 of 750

-18-
event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in the Special Provisions, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 23

Menifee Mayor and City Council
April 16, 2025
Page
174 of 750

-19-

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 24

Menifee Mayor and City Council
April 16, 2025
Page
175 of 750

-20-
KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 25

Menifee Mayor and City Council
April 16, 2025
Page
176 of 750

-21-
City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Any and all reports prepared pursuant to this Subsection are in addition to the reports required by the Special Provisions, if any.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 26

Menifee Mayor and City Council
April 16, 2025
Page
177 of 750

-22-
shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 27

Menifee Mayor and City Council
April 16, 2025
Page
178 of 750

-23-
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Diego Guillen, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

Vet Corps Contracting, Inc
Attn: Brendan J. Dailey
41593 Winchester Road, Ste 200
Temecula, CA 92590
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michael To, Project Manager
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 28

Menifee Mayor and City Council
April 16, 2025
Page
179 of 750

-24-
notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 29

Menifee Mayor and City Council
April 16, 2025
Page
180 of 750

-25-
confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 30

Menifee Mayor and City Council
April 16, 2025
Page
181 of 750

-26-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Brendan J. Dailey, President

Brendan J. Dailey, Secretary
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 31

Menifee Mayor and City Council
April 16, 2025
Page
182 of 750

EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 32

Menifee Mayor and City Council
April 16, 2025
Page
183 of 750

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 24-03 PEDESTRIAN CROSSING AT AUDIE MURPHY ROAD services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed ONE HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS ZERO CENTS ($167,885.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-06 .

Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 33

Menifee Mayor and City Council
April 16, 2025
Page
184 of 750

EXHIBIT B
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 34

Menifee Mayor and City Council
April 16, 2025
Page
185 of 750

EXHIBIT B
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 35

Menifee Mayor and City Council
April 16, 2025
Page
186 of 750

EXHIBIT B
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 36

Menifee Mayor and City Council
April 16, 2025
Page
187 of 750

EXHIBIT B
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 37

Menifee Mayor and City Council
April 16, 2025
Page
188 of 750

EXHIBIT B
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 38

Menifee Mayor and City Council
April 16, 2025
Page
189 of 750

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

AMR Fund 2490 Adopted FY 2024/25 Revenue Budget: $2,397,418.00

1. Record Appropriation(s):

Amended AMR Fund 2490 FY 2024/25 Revenue Budget: $2,521,562.00 AMR Fund 2490 Adopted FY 2024/25 Expenditure Budget: $1,865,279.00

2. Record Appropriation(s):

Amended AMR Fund 2490 FY 2024/25 Expenditure Budget: $2,937,706.72 CITY

COUNCIL

MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $91,144.00 February 5, 2025 Mid-Year Budget Adjustments
2490-00-XNC-XNCL-
000-00000-438000- $33,000.00
TOTAL: $124,144.00
CITY

COUNCIL

MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $90,251.00 July 1, 2024 FY 2023/24 Budget Carryovers Various 825,926.72 August 7, 2024
Flock Camera: Surveillance
Cameras (Capital Outlay)
2490-55-ITD-OPER-
000-00000-660030- 11,250.00
August 7, 2024
Flock Camera: Surveillance
Cameras (Annual Subscription
Costs)
2490-53-ITD-OPER-
000-00000-651353- 45,000.00
April 16, 2025
CIP 24-03 Audie Murphy Road
Project for Vet Corps
Contracting
2490-55-PWD-CIPS-
000-00000-760020 100,000.00
TOTAL: $1,072,427.72
Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 39

Menifee Mayor and City Council
April 16, 2025
Page
190 of 750

Amending the Fiscal Year 2024/25 CFD 2012-1 AMR (Fund 2490) CIP 24-03 Pedestrian Crossing at Audie Murphy Road Project for Vet Corps Contracting 2 4
7 6
3 1

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the CFD 2012-1 (AMR) Fund 2490 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

N/A $0.00
Amended AMR Fund 2490 FY2024/25 Budget $2,521,562.00

Expenditures:

CIP 24-03 Pedestrian Crossing at Audie Murphy Road Project for Vet Corps Contracting
$100,000.00 $0
Amended AMR Fund 2490 FY2024/25 Budget $2,937,706.72 PASSED, APPROVED AND ADOPTED this 16th day of April, 2024. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.13
Bid

Award

and

Agreement

with

Vet

Corps

Contracting,

Inc.

for

Construction

Services

for

the

Pedestrian

Crossing

Audie
Murphy Road Project
Item Page Number: 40

Menifee Mayor and City Council
April 16, 2025
Page
191 of 750

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC
MEETING DATE: April 16, 2025
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Quitclaim transferring an unused portion of Goetz Road to Pulte Homes Company, LLC, located northwest of Goetz Road and south of McLaughlin Road; and

2. Authorize the City Clerk to record the approved Quitclaim with the Riverside County Clerk Recorder’s Office; and

3. Approve and authorize the filing of the final map for Tract Map 36658, Cimmaron Ridge, by Pulte Homes Company, LLC, located northwest of Goetz Road and south of McLaughlin Road; and

4. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of the required onsite improvements associated with Tract Map 36658.

DISCUSSION
Tract Map 36658 (TM36658), a phase of Cimarron Ridge (“Project”), is a proposed subdivision of

30.89 gross acres of land into 86 lots; 74 lots for residential use and 12 lots for open space/water quality and drainage purposes. TM36658 is the seventh and final phase of the Project by Pulte Homes Company, LLC (“Developer”) and is generally located north of Valley Boulevard, south of McLaughlin Road, northwest of Goetz Road, and north of Thornton Avenue.

The Developer is requesting approval and filing of the final map for TM36658 and approval of the associated Subdivision Improvement Agreement (“Agreement”) as required by the Project’s conditions of approval. The Agreement requires that improvement securities are posted to Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 1

Menifee Mayor and City Council
April 16, 2025
Page
192 of 750

City of Menifee Staff Report
Final Map 36658, Cimarron Ridge
April 16, 2025

Page 2 of 3 ends

2 6
1 4
guarantee the completion of the required onsite improvements. The Agreement requires that these improvements be completed within 12 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the associated Agreement meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in Tables 1 and 2 below.

TABLE 1 – ONSITE IMPROVEMENTS TM36658
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 7901181828/
7901181826 $ 1,164,500 $ 1,164,500
Water System 7901181828/
7901181826 $ 377,000 $ 377,000
Sewer System 7901181828/
7901181826 $ 326,500 $ 326,500
Total $ 1,868,000 $ 1,868,000
TABLE 2 – SURVEY MONUMENT TM36658-4
Improvement Security
Survey Monument 7901181827 $ 125,640
Total $ 125,640
Quitclaim for Old Goetz Road
On September 27, 1950, in Book 1207, Page 293, Goetz Road was conveyed to the County of Riverside in fee. Upon incorporation, the City of Menifee became the successor in interest for Old Goetz Road per the California Streets and Highways Code. Due to the large size of the Project, a separate Circulation Plan was required in the Project’s Specific Plan. This Circulation Plan generally matches the General Plan Roadway Network; however, the Specific Plan also called for the alignment of Goetz Road, relative to Valley Boulevard, to include a standard signalized intersection. The new alignment of Goetz Road, as required by the Specific Plan, was dedicated to the City on September 4, 2018, through Parcel Map 36657, PMB 245/70-57, as shown in the attached Goetz Road Realignment Map.

As a result of the Goetz Road realignment, portions of the originally deeded roadway (“Old Goetz Road”) fall outside of the original land area deeded for roadway use. Based on a thorough review of Old Goetz Road, it was determined that the land associated with the proposed quitclaim is neither necessary, nor beneficial, for the City’s General Plan Roadway Network or long-term planning needs. The Old Goetz Road property does not serve any critical function in relation to current or future transportation infrastructure, and its retention as a public right-of-way would not contribute to the City’s planned growth or development objectives in this area.

Staff has confirmed that all utility purveyors have either provided written confirmation, or signed the map, agreeing to release their rights to the Old Goetz Road alignment so it can be transferred to the Developer. Utilities that were previously located within Old Goetz Road have already been relocated as part of the Project’s backbone street improvements.

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 2

Menifee Mayor and City Council
April 16, 2025
Page
193 of 750

City of Menifee Staff Report
Final Map 36658, Cimarron Ridge
April 16, 2025

Page 3 of 3 ends

2 6
1 4
For the Developer to proceed with the creation of legal lots on the final map, the quitclaim must be recorded with the Riverside County Clerk Recorder’s Office prior to the recording of the final map for TM36658. If approved, the proposed quitclaim would transfer ownership of portions of Old Goetz Road, currently held in fee by the City, to the Developer and allow for the creation of legal lots on TM36658, enabling the Project to move forward as planned.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with the review of TM36658. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017-1 Annexation 22, Zone 22.

ATTACHMENTS

1. Project Map

2. Quitclaim

3. Goetz Road Realignment Map

4. Final Map 36658

5. Agreement

6. Bond – Improvements

7. Bond – Monuments
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 3

Menifee Mayor and City Council
April 16, 2025
Page
194 of 750

Cimarron Ridge
Final Map 36658 (PA7)
Thorton Avenue
Murrieta Road
TM36658
Planning Area 7
Location Map
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 4

Menifee Mayor and City Council
April 16, 2025
Page
195 of 750

FOR RECORDER'S USE
WHEN RECORDED MAIL TO:

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586

MAIL COPY OF QUITCLAIM AND
TAX STATEMENTS TO:

PULTE HOME COMPANY, LLC
27401 LOS ALTOS, SUITE 400
MISSION VIEJO, CA 92691
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
The undersigned grantor declares Documentary
Transfer Tax $ None
No FEE (Gov. Code 6103)
APN: ADJACENT TO 350-220-018 AND 019,
330-230-044 AND 045, AND 335-070-058

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE,A MUNICIPAL CORPORATION, does hereby REMISE, RELEASE and FOREVER QUITCLAIM to PULTE HOME COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY all right, title and interest in and to a portion of real property conveyed to the County of Riverside by Deed recorded September 27, 1950 in Book 1207,

Page 293 ends

The real property in the City of Menifee, County of Riverside, State of California, described as follows:

SEE ATTACHED EXHIBITS “A” AND “B” ATTACHED HERETO AND MADE A PART THEREOF Department Use Only
By: ______________________________________________
Armando G. Villa, City Manager, City of Menifee
Attests:

By: _________________________________________
Stephanie Roseen, City Clerk, City of Menifee
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 5

Menifee Mayor and City Council
April 16, 2025
Page
196 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 6

Menifee Mayor and City Council
April 16, 2025
Page
197 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 7

Menifee Mayor and City Council
April 16, 2025
Page
198 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 8

Menifee Mayor and City Council
April 16, 2025
Page
199 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 9

Menifee Mayor and City Council
April 16, 2025
Page
200 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 10

Menifee Mayor and City Council
April 16, 2025
Page
201 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 11

Menifee Mayor and City Council
April 16, 2025
Page
202 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 12

Menifee Mayor and City Council
April 16, 2025
Page
203 of 750

IN THE C ITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36657 BEING A S UBDIVISION O F PARCEL 4 OF PARCEL MAP NO. 20285, PER MAP FILED IN BOOK 132, PAGES 25 THROUGH 27 , INC
LU

SIVE OF PARC

EL MAPS
; PAR CELS 1, 2, 3
, LOTS A THROUGH G, INCLUSIVE OF OF PARCEL MAP NO. 14 801, PER MAP FILED IN BOOK 81, PAGE 35 OF PARCEL MAPS; PARCELS 1, 2,
3, LOTS A THROUGH G, INCLUSIVE OF PARCEL MAP NO. 14815, PER MAP FILED IN BOOK 82, PAGE 25 OF PARCEL MAPS; THE NORTHEAST QUARTER OF THE

SOUT HWEST Q UARTER, A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND A PORTION OF THE SOUTHWEST Q UARTER OF THE SOUTHWEST QUARTER OF S ECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.; AN

D PARCEL
''.4" OF LO T LIN

E ADJUSTM
ENT NO . 4506, PER D OC
UMENT
RECORDED SEPTEMBER 12, 2002 AS DOCUMENT NO. 2002-506724 OF O FFI CIAL R E
CORDS, ALL RECORDS O F RIVERSIDE COUN TY;
a.dkan
IN SE CTIONS 17. 19. AND 20 oF TOWNSHIP 5 souTH. RA NGE 3 wEsT s.B.M.

ENGINEERS
SEE SHEET 2 FOR BOUNDARY CO NTROL MAP
SEE S HEET 6 FOR BASIS OF BEARINGS, SURVEYOR'S NOTES, ENVIRONMENTAL C ONSTRAINT NOTE, CFO NO TE, AND GPS CONTROL D IAGRAM.

J
UN
E 2017

GR APHIC SCALE
40 0 20 40 80 1W
6: f5a..
� u
'-......_
lCJ a,
• Lri
C'\1--"1
�-<C C'\J
C'\J p a f'I a z
� �
� 0
30'
I
I
I
I
I I
I
I
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
�&
I
I
I
I
I
I
I
I
I
INW COR. SEC. 20 FD 1 "IP & LS 3962 TAG UP 0. 1', PER PM 8il35, PM 89/96-100,
RS 111/77-78
I
�
I
.t.,_, ',;:-,.,;i � y'(f· ±___
1" = 40'
PARCEL 7
I<J- I
k>Y
Jr;;-
�r !3.�<vi--
I

70.82 N89'09'40"W
LOT •w-
�---
I
PARCEL 4
__:_ I �r�� .- 4 �'.?..__ _ _-,;�
186.26
PARCEL 7
• N89°09'40"W 1311.75' (1311.78'R2)
FD /"i f=', NO TAG, FLUSH,,_
ACCEP 1£0 A S C L INT Or

GOETZ RD & ROUSE RD
PER RS 111/77- 78
: _ 1
i ___ ____,
I
( IN FEET )
1 inch = 40 ft.

5.23'
SHEET 13 OF 18 SHEETS

DATA TABLE
G)N12°49'2 5"E 1 5.33'
(f)N89'09'40"W 42.17'
(I>ti=1'17'11" R=750. 00' L=/6. 84'
@N89"09'40"W 37. 70'
@ti=5'35 '15" R=/240.00' L = /20.93'
@N67"14'53"W 4.55'
(z)ti=1'48'35" R=581.00' L=/8.35'
@,1=2·20'44" R=600.00' L = 24.56'
@,1=0·20'44" R=600.00' L =

3.62'
@N73'36'28"E

30. 73'
@N35' 2 7 '16"E 35.00'
@N
5 4·32'44
"w o.o3'
@N 35"2 7'16"E 17.67'
@ N12 '53'47"E 39.85'
@ N2" 41'12"W 5.98'
@,1=0·1
1 '59" R=/350.00' L= 4.7
1'
@ti= 5"01'26" R =/350.00' L=/18.3
7 '
@) ti= Y/5'38" R=1350.00' L= 76.82'
@ti=1'4
5'4
8 " R=/350.00
'
L
=

41.55 '
@ N89'09'40''W 30.67'
@ N12'49'25"E 1 8.82'
DETAIL

NOT TO SCALE

GOETZ ROAD REALIGNMENT MAP

GOETZ ROAD

REALIGNMENT
Goetz
Road
Old Goetz
Road
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 13

Menifee Mayor and City Council
April 16, 2025
Page
204 of 750

�
--------
-
ll) 0, l!) �
C"I .D:::. ll) 0
<o�
r-...<o�
--------------- ...... ....... ' ' 'r-�� __ .,__ __________ \MCLAUGHLIN ROAD \ '} ......

I --
I I
I
I
I
II
I
I
I
I
I
I
I I
I
3o'f--£
I
I
I
I ,�; I t5
I�
I
I
I
I
PARCEL 7

22.96 ACRES NET
I 27.15 A CRES GROSS
I
)
1/
1 6 COR
FD 2 "IP & LS 5557 TAG,
FLUSH PER RS 111/77-78
I
I
�I co
�1
! I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
POR. PARCEL 7
SEE DETAIL "Q", SHEET 13
I
I
/
I
�7. I <;t
I

SEE CONTINUATIO
N

ABOVE R IGHT
PER MB 14 / 91
LOT •c• II
/ / /
______ .,,-,,,,,..
--� SEE DETAIL " p "
<.O -..l 0 ·o o_
r II
� en_
ON SHEET 1 5
\
�
� � �\ 0 -
'-1- '-1-\ 11 II ..J ..J
0 0 0 0
c:i c:i0 0, 0
II D:::. D:::. • bl 0 .o
�
0,.,., C"'J //"1
0 0 c:i..., a
II D:::.
0�
I
I
J:;!/; o;fr-:::, <o Cb
<o/t.v-
i[:] ;:!
/
<
•
I I
' ' '
SHECT 14 OF 18 SHEETS

IN THE CITY OF MENIFEE, COUNTY OF R IVERSIDE, STATE OF CALIFORNIA I PA RCEL MAP NO. 36 657
BEING A SUB DIVISION OF PARCEL 4 OF PARCEL MAP NO. 20285, PER MAP FILED IN BOOK 1 32, PAGES 25 TH ROUGH 2 7, INCLUSIVE OF PARCEL MA PS; PARCELS 1, 2, 3, LOTS A THROUGH G, INCLUSIVE OF OF PARCEL MAP NO. 14801, PER MAP FILED IN BOOK 81, PAGE 3 5 OF PAR CEL MAPS; PA RCELS 1, 2, 3, LOTS A THROUGH G, INCLUSIVE OF PARCEL MAP NO. 148 15, PER MAP FI LED IN BOOK 82, PAGE 25 OF PAR
C
EL MAPS; THE
NORTH
EA
ST QUA

RTER OF THE

SOUTHWEST
QUA

RTER, A POR
TI

ON O F THE NORTHWEST
QUA
R
TE
R OF

THE SOUTHWEST QUARTER, AND A PORTION OF THE SOUTHWEST
Q
UARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TO
WNSHIP 5
SOUTH
, RANGE
3 WEST, S.B.M.; AND PARCEL "A" OF LOT LIN E A DJUSTMENT NO. 4506, PER DOCUMENT RECORDED SEPTEMBER 1 2, 200 2 AS DO CUMENT NO. 2002-506724 OF OFFICIA
L RECORDS, ALL RECORDS OF RIVERSIDE COUNTY;
IN SEC
TI
ONS
1 7,
19, AND 20 OF
TO
WNSHIP 5
SOUTH, RANGE 3
WES
T S.B.

M
.
adka n

ENG INEERS
1 "
= 1
00 '
DATA TABLE (]).1=1 16'16" R =2000.00' L=44.37'
(g) .1=0"30 '58" R=/950.00' L=1 7
.56'
(» N53"04
'31"E 156.48'
@ .1=6"09'00" R=2030.00' L=217.90'
@.1=716'12" R=1030.00' L=130.69' @N36"55'42"W 138.00'
(J)N36"55'42"W 120.00'
@.1=1"5 7'49" R=3467.00' L=118.8 2'
@
.1=2"45'02" R=3467.00' L=166.44'
@ N48"08'44"W 25.93'
@ N28"08'57"W
7 0.00'
@N8"18'0 3"W 25.99'
SEE SHECT 16 PARCEL
6 PARCEL 7
SEE DETAIL "O"
ON SHEET 1J
JUNE 2017
SEE SHEET 2 FOR BOUNDARY CONTROL MAP
SEE SHEET 6 FOR BASIS O F BEARINGS, SURV
EYOR'S

NOTES, ENVIRONMENTAL CONSTRAINT NOTE, CFO NOTE,
AND GPS CONTROL DIAGRAM.

SEE SH
EET 7 FOR EASEMENT NOTES, S

HEET IN

DE X MAP,
A ND VICINITY MAP.

I I
I
S££ DETAIL "O" / ON S HEET 1 J \//
t t I 1
--. 30•
i-- � /C"I
. --. t
I .fl:::C"I C"I
2N {;; I /
�0 � LOT •y-<oC'! � <.Q /
C"lu.J�� I }'-J� ..__, :G / <.Q
_
a
Lt)
ll)
I
_ll) c, 0, C"I / 0, ,'-l l!)
�� I i < -..__, PARCEL 7 NW COR. SEC. 20
FD 1"IP & LS 3962
I / TAG, UP 0.1', PER PM
81/35, PM 89/96-100, /, / RS 11
1/
7 7-
7 8
�
/
I

SEE CONTINUATION

BELOW LEFT
/ -
/ 1 8 1 7 .9::--'--4-- ........ -L--Jr-----"----�-.-I
I 20 \
PORTION O F'GOETZ ROAD, ......_
1311.75' (13
1 1.78'R2)N89"09'40"W

DEDICATED & / ACC
EP
TED PER ,-c---t----1 PM 81/35. /
I
I
I <.Q
I <.Q • . 0 C"I 0,
!cu-� c._j
l.fl:::::s: � ...,_
'�IV)C"I ")
I"''..�..-
\ � -!:!.!§_ '2 5, \ -l.J..)11R --<..,f'Jl..-1/
\
I
I
I
I
I
I
I I
LOT •v-
I SEE DETAIL "Q"
r-- ON SHEET 1J
I
I
57'43"W 16'
PARCEL 5
I
I
I
I
I
I
I
,�
I
<o <.Q
II
I
<.Q
I
�
. u.J
<.Q
I
_:,;-r-.._ ..
<
""" Sr
«3
'of-Sr
�� efll
�':-
Sr'
nn1 efll
PARCEL 4
SEE SHEET 12
r \

GRAPHIC S CALE
( IN FE ET )
200 300
I __ _ ___.I
1 i nch = 100 ft.

I
7 I
I
"' ""
�
I "" 4 0'
""
""
�
""

GOETZ ROAD

REALIGNMENT
Old
Goetz
Road
Goetz
Road
Goetz
Road
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 14

Menifee Mayor and City Council
April 16, 2025
Page
205 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 15

Menifee Mayor and City Council
April 16, 2025
Page
206 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 16

Menifee Mayor and City Council
April 16, 2025
Page
207 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 17

Menifee Mayor and City Council
April 16, 2025
Page
208 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 18

Menifee Mayor and City Council
April 16, 2025
Page
209 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 19

Menifee Mayor and City Council
April 16, 2025
Page
210 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 20

Menifee Mayor and City Council
April 16, 2025
Page
211 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 21

Menifee Mayor and City Council
April 16, 2025
Page
212 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 22

Menifee Mayor and City Council
April 16, 2025
Page
213 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 23

Menifee Mayor and City Council
April 16, 2025
Page
214 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 24

Menifee Mayor and City Council
April 16, 2025
Page
215 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 25

Menifee Mayor and City Council
April 16, 2025
Page
216 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 26

Menifee Mayor and City Council
April 16, 2025
Page
217 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 27

Menifee Mayor and City Council
April 16, 2025
Page
218 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 28

Menifee Mayor and City Council
April 16, 2025
Page
219 of 750

the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.

C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal one hundred percent (100%) of the estimated cost of construction, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security.

D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided in accordance with the current City of Menifee Fee Schedules.

E. Security shall not expire, be reduced, or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement.

F. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
2) The City Engineer may authorize a one-time 50% reduction of performance security as work progresses, upon application by Subdivider. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
3) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled.

As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10.

Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements upon application by the Subdivider. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the 3 of 9
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 29

Menifee Mayor and City Council
April 16, 2025
Page
220 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 30

Menifee Mayor and City Council
April 16, 2025
Page
221 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 31

Menifee Mayor and City Council
April 16, 2025
Page
222 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 32

Menifee Mayor and City Council
April 16, 2025
Page
223 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 33

Menifee Mayor and City Council
April 16, 2025
Page
224 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 34

Menifee Mayor and City Council
April 16, 2025
Page
225 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 35

Menifee Mayor and City Council
April 16, 2025
Page
226 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 36

Menifee Mayor and City Council
April 16, 2025
Page
227 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 37

Menifee Mayor and City Council
April 16, 2025
Page
228 of 750

Approved for bonding
2/18/25
A. Backlund

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. TR 36658 DATE:

IP:
2/18/2025
18-022

FAITHFUL PERFORMANCE

SECURITY

MATERIAL & LABOR

SECURITY
(100% of Estimated
Construction Costs)
(**100% of Estimated
Construction Costs)IMPROVEMENTS
Street/Drainage
*Flood Control
$
$
$
$
$
1,164,497.19

0.00 $
$
$
$
$
1,164,500.00

0.00 $ 1,164,500.00

0.00$
$
$
$
Dom Wtr EMWD 376,790.40

0.00 377,000.00

0.00Rec Wtr
Sewer
EMWD
EMWD 326,527.20 326,500.00 326,500.00
Total 1,867,814.79 $
$
1,868,000.00 $ 1,868,000.00
Warranty Retention (10%) 186,800.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS 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 G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
2/18/2025
Signature Date
Michael Brendecke 83363
RCE#
3/23/2025
Exp. DateName Typed or printed
Civil Engineer'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.
*** PLEASE READ INSTRUCTIONS BELOW ***

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 Amountss. **100% for Flood Control items.

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.

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 38

Menifee Mayor and City Council
April 16, 2025
Page
229 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

ITEM QUANTITY UNIT
S.F.

UNIT AMOUNT
COST
ROADWAY SECTION 1 Area =
Excavation

1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point) C.Y. $ 25.00 $ 0.00

2. Projects without a Grading Plan Cut (c) =
Fill (f) =
C.Y.

C.Y.Road area and side slopes to daylight
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
(a.) Excavate and Fill
(b.) Excavate and Export
(c.) Import and Fill
-
-
-
C.Y.

C.Y.

TON
$
$
$
$

0.40 $

1.10 $

2.80 $

90.00 $

0.00 0.00

0.00 Asphalt Concrete (144 lbs/cu.ft) 2,796 251,640.00
109,000.00

0.00 Thickness in Feet (0.33' min.) = 0.33
Agg Base Class II 2,180 C.Y. $
$

50.00 $
Thickness in Feet = 0.5
Asphalt Emulsion (Fog Seal/Paint Binder)
ROADWAY SECTION 2
Ton
S.F.
600.00 $
Area =
Excavation

1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan:

Road area and side slopes to daylight
(a.) Excavate and Fill
C.Y.

C.Y.

TON
$ 25.00 $ 0.00
Cut (c) =
Fill (f) =
-
-
-
-
$
$
$
$

0.40 $

1.10 $

2.80 $

90.00 $

0.00 0.00

0.00 0.00
(b.) Excavate and Export
(c.) Import and Fill
Asphalt Concrete (144 lbs/cu.ft)
Thickness in Feet (0.33' min.) = 0.39
Thickness in Feet = 0.5
Agg Base Class II -
-
C.Y. $
$

50.00 $ 0.00

0.00Asphalt Emulsion (Fog Seal/Paint Binder)
ROADWAY SECTION 3
Ton
S.F.
600.00 $
Area =
Excavation

1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan:

C.Y.

TON
$ 25.00 $ 0.00
Cut (c) =
Fill (f) =
(a.) Excavate and Fill
(b.) Excavate and Export
(c.) Import and Fill
-
-
-
-
$
$
$
$

0.40 $

1.10 $

2.80 $

90.00 $

0.00 0.00

0.00 0.00Asphalt Concrete (144 lbs/cu.ft)
Thickness in Feet (0.33' min.) = 0.39
Agg Base Class II -
-
C.Y. $ 50.00 $ 0.00
Thickness in Feet = 0.5
Asphalt Emulsion (Fog Seal/Paint Binder)
Sawcut Exist. A.C. Pavement
Ton
L.F.

S.F.
$
$
$
600.00 $

1.00 $

0.00 0.00

0.00Cold Plane A.C. Pavement 0.50 $
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 39

Menifee Mayor and City Council
April 16, 2025
Page
230 of 750

Grinding A.C. , in place
Remove A.C. Pavement
Remove Curb and Gutter
Remove A.C. Dike
S.Y.

S.Y.

L.F.

EA.

S.F.

L.F.

S.F.

EA.

L.F.

L.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

0.60 $

8.00 $

0.00 0.00

18.00 $

3.00 $

0.00 0.00
Remove Chain Link Fence
Remove Barricade

7.50 $ 0.00

10.00 $
250.00 $

0.90 $

0.00 Relocate Mailbox 0.00
AC overlay (min. 0.10')
Curb and Gutter (Type A-6)
Curb and Gutter (Type A-8)
Type 6A Curb

0.00 6,493
508

14.00 $

16.00 $

12.00 $

10.00 $

15.00 $

8.00 $
90,902.00

0.00 6,096.00

0.00Type "D-1" Curb
Type "D" Curb 0.00
A.C. Dike (6")(incl. material & labor)
A.C. Dike (8")(incl. material & labor)
P.C.C. Cross Gutter and Spandrels
P.C.C. Sidewalk

0.00 10.00 $

10.00 $

6.00 $

0.00 2,589
29,951
12,972
25,890.00
179,706.00
103,776.00

0.00 P.C.C. Driveway Approach
P.C.C. Dip Section Std. 307
ADA Access Ramp (w/ new construction)
ADA Access Ramp (in existing improvements)
Barricades

8.00 $

6.00 $
8 3,257
19 1,500.00 $
2,500.00 $
100.00 $

35.00 $
12,000.00

0.00 0.00
Metal Beam Guard Railing 0.00
Utility Trench, one side (Edison, Telephone, Cable)
(total length of Streets) L.F.

L.F.

EA.

EA.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

10.00 $ 32,570.00

0.00Chain Link Fence ( 6' ) 15.00 $
Relocate Fence 12.00 $ 0.00
Pipe Gate 1,000.00 $ 0.00
Relocate Power Pole 10,000.00 $ 0.00
Street Lights (including conduit)
Adjust Water Valve to Grade ( if no water plan )
Adjust MH to Grade ( if no sewer plan )
5,000.00 $ 95,000.00

0.00150.00 $
400.00 $ 0.00
$
$
$
$
$
$
$
$
$
$
$
$

0.00 0.00

LANDSCAPING
Maintenance Walk STD 113
Colored Stamped Concrete
Street Trees ( 15 Gallon )
Landscape and Irrigation
Landscape Fill Material
Water Meter
S.F.

S.F.

EA
$
$
$
$
$
$
$
$
$
$
$
$

4.00 $

10.00 $
100.00 $

3.50 $

27.00 $
7,000.00 $
10,000.00 $
3,000.00 $
$

0.00 0.00

0.00 0.00
S.F.

C.Y.

EA
Electric Meter S.F.

EARemove trees
$
$
$
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 40

Menifee Mayor and City Council
April 16, 2025
Page
231 of 750

$ $ 0.00

DRAINAGE
Concrete Bulkhead EA.

EA.

C.Y.

EA.

EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
200.00 $
300.00 $
400.00 $
500.00 $
2,000.00 $
2,000.00 $
2,000.00 $

6.50 $

0.00 0.00

0.00 0.00
Slope Anchors for Pipes
Cut Off Wall ( Std 2' )
A. C. Overside Drain
Under Sidewalk Drain Std 309
Flat Outlet Drainage Structure Std 303
Curb Outlet Drainage Structure Std 308
Terrace Drain & Down Drain
Interceptor Drain
EA
EA
S.F.

S.F.

C.Y.

L.F.

EA.

C.Y.

EA.

6.50 $
R.C. Box Culvert (2 - 3'X5' )
Concrete Channel
400.00 $
200.00 $

80.00 $Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY)
Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1 Ton ) Method B
Rip Rap ( 2 Ton ) Method B
Grouted Rip Rap ( 1/4 Ton ) Method B
Grouted Rip Rap ( 1/2 Ton ) Method B
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
18" R.C.P. round, arch or elliptical
24" R.C.P. round, arch or elliptical
30" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliptical
42" R.C.P. round, arch or elliptical
48" R.C.P. round, arch or elliptical
18" C.S.P. or HDPE N12
24" C.S.P. or HDPE N12
30" C.S.P. or HDPE N12
36" C.S.P. or HDPE N12
42" C.S.P. or HDPE N12
48" C.S.P. or HDPE N12
Catch Basin W=4'

90.00 $
100.00 $
110.00 $
100.00 $
120.00 $
130.00 $
140.00 $
113.00 $
132.00 $
153.00 $
178.00 $
204.00 $
235.00 $

40.00 $

50.00 $

60.00 $

70.00 $

80.00 $
100.00 $
2,500.00 $
4,000.00 $
7,500.00 $
11,000.00 $
14,500.00 $
2,500.00 $
3,500.00 $
4,500.00 $
5,000.00 $
12,500.00 $
12,500.00 $
4,500.00 $
5,000.00 $
6,500.00 $
2,700.00 $
6,500.00 $
400.00 $
3,500.00 $
200.00 $
$
Catch Basin W=7'
Catch Basin W=14'
Catch Basin W=21'
Catch Basin W=28'
Inlet Type IX or X
Junction Structure No. 1
Junction Structure No. 2
Junction Structure No. 6
Transition Structure No. 1
Transition Structure No. 2
Transition Structure No. 3
Manhole No. 1
Manhole No. 2
Manhole No. 3
Manhole No. 4
Structural Reinforcement Concrete
Headwall for 36" or smaller storm drain
Concrete Collar
$

SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings
4" Painted Solid Stripes
S.F $
$

2.50 $

0.21 $

0.00 0.00L.F.

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 41

Menifee Mayor and City Council
April 16, 2025
Page
232 of 750

4" Painted Solid Stripes (2 Coats )
4" Painted Broken Stripes
L.F.

L.F.

S.F
S.F
L.F.

L.F.

S.F
S.F.

S.F.

EA.

EA.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

0.30 $

0.16 $

0.00 0.00
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes

0.47 $ 0.00

0.65 $ 0.00
8" Painted Channelizing Line 0.82 $ 0.00
12" Painted Crosswalk & Limit Line
Painted One-Way, No Passing
Painted Two-Way Left Turn Lane
Painted Pavement Markings

1.30 $ 0.00

0.36 $ 0.00

0.82 $ 0.00

2.70 $ 0.00
Remove Thermoplastic Trafffic Stripes and Markings
4" Thermoplastic Solid Stripes
4" Thermoplastic Broken Stripes
4" Thermoplastic Double Solid Stripes
6" Thermoplastic Bike Lane Stripes
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic One-Way, No Passing
Thermoplastic Two-Way Left Turn Lane
Thermoplastic Pavement Markings
Marking

2.50 $ 0.00

0.52 $ 0.00

0.47 $ 0.00

0.83 $ 0.00

0.63 $ 0.00

0.78 $ 0.00
81 0.97 $ 78.57

0.001.13 $

2.83 $ 0.00
126 3.61 $ 454.86

0.002.25 $
Thermoplastic Cross Walk and Pavement Marking
Remove, Sign, Salvage

3.00 $ 0.00

50.00 $
100.00 $
275.00 $
150.00 $
425.00 $
250.00 $
150.00 $
300.00 $

60.00 $

40.00 $

45.00 $

3.75 $

0.00 Relocate Roadside Sign 0.00
Street Name Sign 6
4 1,650.00

0.00Install Sign ( Strap and Saddle Bracket Method)
Install Sign (Mast Arm Hanger Method)
Stop Sign & Post

0.00 1,000.00

0.00Road Sign on existing pole / post (One Post)
Road Sign on existing pole / post (Two Post)
Object Marker - Modified Type "F" Delineator
Delineator ( Class 1 Type F)

0.00 0.00

0.00 Delineator ( Class 2 ) 0.00
Pavement Marker, Reflective 0.00
New Traffic Signal & Lighting (Major Intersection) LS $ 250,000.00 $ 0.00 New Traffic Signal & Lighting (Minor Intersection)
Retrofit of Ex. Traffic Signal & Lighting
6' Round Signal Loops
LS
LS
$
$
$
$
$
$
$
$
$
$
$
$
$
150,000.00 $
100,000.00 $
450.00 $
400.00 $
500.00 $

25.00 $

30.00 $

35.00 $
$

0.00 0.00
EA 0.00
Install Pull Box (#5) EA 0.00
Install Pull Box (#6) EA 0.00
2" PVC Interconnect Conduit & Cable
3" PVC Interconnect Conduit & Cable
3" PVC Conduit & Fiber Optic Cable
L.F.

L.F.

0.00 0.00

0.00 0.00
Survey LS
LS
LS
LS
8,000.00 $
40,000.00 $
30,000.00 $
15,000.00 $
$

0.00 Design/submittals/review 0.00
Mobilization 0.00
Traffic Control 0.00
A.

D
Subtotal 909,763.43
181,952.69
72,781.07
1,164,497.19
Administrative Contingency (20% x A)
CM - Inspection - LC (8%)
$
$
Streets/Drainage Total (A + B) $
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 42

Menifee Mayor and City Council
April 16, 2025
Page
233 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18
6" Waterline PVC C-900 DR-18
8" Waterline PVC C-900 DR-18
12" Waterline PVC C-900 DR-18
16" Waterline PVC C-905 DR-18
18" Waterline PVC C-905 DR-18
20" Waterline PVC C-905 DR-18
4" Gate Valve RS
L.F.

L.F.

EA.

EA.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

25.00 $ 0.00

0.0030.00 $

35.00 $3,222 112,770.00

0.0055.00 $

90.00 $ 0.00
135.00 $
180.00 $
715.00 $
830.00 $
1,340.00 $
2,300.00 $
6,270.00 $
14,300.00 $
4,000.00 $
4,500.00 $
3,500.00 $
4,000.00 $
2,400.00 $
4,000.00 $
800.00 $
2,480.00 $
2,780.00 $
4,500.00 $
200.00 $
500.00 $
2,000.00 $
1,000.00 $
1,430.00 $
1,750.00 $
2,200.00 $
3,150.00 $
250.00 $
320.00 $
$

0.00 0.00

0.00 6" Gate Valve RS 0.00
8" Gate Valve RS 21
11 28,140.00

0.0012" Gate Valve RS
16" Gate Valve RS 0.00
18" Gate Valve RS 0.00
6" Fire Hydrant (Standard)
6" Fire Hydrant (Super)
4" Blowoff
44,000.00

0.00 0.00
6" Blowoff 1
2 4,000.00
4,800.00

0.00 1" Air and Vacuum Valve.
2" Air and Vacuum Valve.
1" Service Connection (With Meter)
1-1/2" Service Connection (No Meter)
2" Service Connection (No Meter)
4" Service Connection (No Meter)
Adjust Water Valve to Grade
Removal of Blowoff
74 59,200.00

0.00 0.00

0.00 0.00
2 1,000.00

0.00Join at existing end of 8" pipe
1" Hot Tap 0.00
4" Hot Tap 0.00
6" Hot Tap 0.00
8" Hot Tap 0.00
12" Hot Tap 0.00
8" Miscellaneous Fittings
12" Miscellaneous Fittings
31 7,750.00

0.00 0.00
A.

Subtotal $ 261,660.00
52,332.00
313,992.00
Administrative Contingency (20% x A)
Water Total (A + B)
$
$

TO HAVING SIGNED PLANS
20% x CD.

E.
$
$
62,798.40
Water Total (C + D) 376,790.40
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 43

Menifee Mayor and City Council
April 16, 2025
Page
234 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

ITEM QUANTITY UNIT UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18 Purple
6" Waterline PVC C-900 DR-18 Purple
8" Waterline PVC C-900 DR-18 Purple
12" Waterline PVC C-900 DR-18 Purple
16" Waterline PVC C-905 DR-18 Purple
18" Waterline PVC C-905 DR-18 Purple
20" Waterline PVC C-905 DR-18 Purple
4" Gate Valve RS
L.F.

L.F.

EA.

EA.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

25.00 $ 0.00

0.00 0.00

30.00 $

35.00 $

55.00 $

90.00 $
135.00 $
180.00 $
715.00 $
830.00 $
1,340.00 $
2,300.00 $
6,270.00 $
14,300.00 $
3,500.00 $
4,000.00 $
2,400.00 $
4,000.00 $
800.00 $
2,480.00 $
2,780.00 $
4,500.00 $
200.00 $
500.00 $
2,000.00 $
1,000.00 $
1,430.00 $
1,750.00 $
2,200.00 $
3,150.00 $
$
6" Gate Valve RS
8" Gate Valve RS
12" Gate Valve RS
16" Gate Valve RS
18" Gate Valve RS
4" Blowoff
6" Blowoff
1" Air and Vacuum Valve.
2" Air and Vacuum Valve.
1" Service Connection ( No Meter)
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter)
4" Service Connection ( No Meter)
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 8" pipe
1" Hot Tap
4" Hot Tap
6" Hot Tap
8" Hot Tap
12" Hot Tap
A.

Subtotal $
Administrative Contingency (20% x A)
Water Total (A + B)
$
$

TO HAVING SIGNED PLAND
20% x CD.

E.
$
$

0.00 Water Total (C + D) 0.00
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 44

Menifee Mayor and City Council
April 16, 2025
Page
235 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY
2072

UNIT UNIT AMOUNT
51,800.00
COST
4" PVC SDR 35 (Use it for Residential Laterals)
6" PVC SDR 35 Green
8" PVC SDR 35 Green
10" PVC SDR 35 Green
12" PVC SDR 35 Green
15" PVC SDR 35 Green
8" VCP
L.F.

L.F.

EA.

L.F.

EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

25.00 $

30.00 $

35.00 $

46.00 $

54.00 $

90.00 $

55.00 $

62.00 $

72.00 $

81.00 $
162.00 $
183.00 $
195.00 $
215.00 $
236.00 $
3,140.00 $
4,500.00 $
3,300.00 $
730.00 $
200.00 $
2,100.00 $
1,500.00 $
1,500.00 $
2,000.00 $
400.00 $
500.00 $

35.00 $
250.00 $
$

0.00 106,295.00

0.00 3037

0.00 0.00

0.00 10" VCP 0.00
12" VCP 0.00
15" VCP 0.00
18" VCP 0.00
21" VCP 0.00
24" VCP 0.00
27" VCP 0.00
30" VCP 0.00
Standard Manhole 48"
Standard Manhole 60"
Shallow Manhole (5' or less)
Clean out
19 59,660.00

0.00 0.00

0.00 Clean out Lateral
Tie to Existing Manhole
Rechannel Existing Manhole
Join Existing 8" Pipe
Join Existing 12" Pipe
Chimney

0.00 0.00

0.00 1 1,500.00

0.00 0.00
Adjust M.H. to grade
Concrete Encasement
8" Backflow Valves

0.00 0.00
30 7,500.00

0.00 A.

Subtotal $ 226,755.00
45,351.00
272,106.00
Administrative Contingency (20% x A) $
Sewer Total (A + B) $
TO HAVING SIGNED PLAND ( ORD.460, SEC.
20% x CD.

E.
$
$
54,421.20
Sewer Total (C + D) 326,527.20
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 45

Menifee Mayor and City Council
April 16, 2025
Page
236 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
PARCEL MAP OR TRACT NO.

PP, CU, PU, MS OR VL NO.

TR 36658 SCH: DATE: 2/18/2025
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) IV. Sewer (Line C from Sewer Improvement Calculations)
$
$
$
$
$
1,164,497.19
313,992.00
272,106.00
Total 1,750,595.19

INSPECTION DEPOSIT CALCULATION
Street/Drainage
NOTE: Use 3% for Inspection $ 34,934.92
Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 46

Menifee Mayor and City Council
April 16, 2025
Page
237 of 750

Approved for bonding
2/18/25
A. Backlund

CITY OF MENIFEE

OFFICE OF THE CITY SURVEYOR

MONUMENT BOND COMPUTATION
MAP # TR 36658 SCHEDULE A MAP CHECKER Dennis Janda
Minimum Cost Cost per Monument
Schedule "A" through "H" Maps
$2500.00* $300
Schedule "I" Maps
$2500.00* $600
Total Monuments to be Bonded x Cost per Monument +
x
20% =
=
Total Bond Amount
$125,640.00349 x $300 120%
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Monument Inspection Fee (Deposit Based)
Submitted Monument Bond Computation to Planning Dept. Plan Check Review $
Date: 2/14/2025
* Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician.

REVISED 2010
1 Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 47

Menifee Mayor and City Council
April 16, 2025
Page
238 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 48

Menifee Mayor and City Council
April 16, 2025
Page
239 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 49

Menifee Mayor and City Council
April 16, 2025
Page
240 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 50

Menifee Mayor and City Council
April 16, 2025
Page
241 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 51

Menifee Mayor and City Council
April 16, 2025
Page
242 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 52

Menifee Mayor and City Council
April 16, 2025
Page
243 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 53

Menifee Mayor and City Council
April 16, 2025
Page
244 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 54

Menifee Mayor and City Council
April 16, 2025
Page
245 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 55

Menifee Mayor and City Council
April 16, 2025
Page
246 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 56

Menifee Mayor and City Council
April 16, 2025
Page
247 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 57

Menifee Mayor and City Council
April 16, 2025
Page
248 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 58

Menifee Mayor and City Council
April 16, 2025
Page
249 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 59

Menifee Mayor and City Council
April 16, 2025
Page
250 of 750

S U B D I V I S I O N M O N U M E N T B O N D

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66496)
Tract Map No. 36658
Bond No. 7901181827
Surety Premium $ 471.00
Surety Nationwide Mutual Insurance Company
Address One West Nationwide Blvd., 1-14-301
City/State Columbus, OH
Principal Pulte Home Company, LLC__
Address 27401 Los Altos, Suite 400
City/State Mission Viejo, CA_____
Zip code 43215-2220 Zip _92691____
Phone 866-387-0457 Phone __949-330-8544__________
That, Pulte Home Company, LLC., subdivider, as principal, and Nationwide Mutual Insurance Company, a corporation, as surety, are hereby jointly and severally bound to pay to the City of Menifee the sum of One Hundred Twenty-Five Thousand Six Hundred Forty and 0/100 Dollars,
($125,640).

The condition of this obligation is that, whereas the subdivider, as a condition of the filing of the final map of Tract No. 36658, entered into an agreement with the City of Menifee to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefore and to pay the engineer or surveyor performing the work, in full, within 30 days after completion.

NOW, THEREFORE, if the subdivider shall well and truly perform said agreement during the original term thereof, or of any extension of said term that may be granted by the City of Menifee, with or without notice to the surety, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety’s obligations hereunder and are hereby waived by surety.

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 60

Menifee Mayor and City Council
April 16, 2025
Page
251 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 61

Menifee Mayor and City Council
April 16, 2025
Page
252 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 62

Menifee Mayor and City Council
April 16, 2025
Page
253 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 63

Menifee Mayor and City Council
April 16, 2025
Page
254 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 64

Menifee Mayor and City Council
April 16, 2025
Page
255 of 750

Item Title: 10.14
Final Map, Agreement, Bonds, and Quitclaim for Tract Map 36658, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 65

Menifee Mayor and City Council
April 16, 2025
Page
256 of 750

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC
MEETING DATE: April 16, 2025
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map 37409-1, Legado, by Lennar Homes of California, LLC, located south of Rouse Road and east of Sherman Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37409-1.

DISCUSSION
Tract Map 37391, also known as Legado (“Development”), is an approved subdivision that consists of 331 gross acres of land to be subdivided into 18 lots for residential, commercial, and park use, and 28 lots for roads and utilities. Tract Map 37391 was recorded to establish the Development’s planning areas to be further subdivided in the future. The Development is located east of Encanto Drive, south of Rouse Road, west of Antelope Road, and north of Chambers Avenue as shown in the attached Legado Site Map.

In 2024, Lennar Homes of California, LLC. (“Developer”) purchased the first phase of the Development, entered into improvement agreements with the City for construction of backbone infrastructure, and began preparing three tract maps within Phase 1 (“Project”). Tract Map 37409- 1 (TM37409-1), the first of the three maps within the Project, is a proposed subdivision of 23.35 gross acres of land into 86 single-family residential lots. TM37409-1 is located south of Rouse Road and east of Sherman Road as shown in the attached Project Site Map. The filing of final maps TM37409-2 & TM37409-3 have been provided as separate agenda items for City Council consideration.

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 1

Menifee Mayor and City Council
April 16, 2025
Page
257 of 750

City of Menifee Staff Report
Final Map 37409-1 Legado
April 16, 2025

Page 2 of 2 ends

2 6
3 2
The Developer is now requesting approval and filing of the final map for TM37409-1 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The SIA requires that public improvements be completed within 12 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the SIA meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in Table 1 and Table 2 below.

TABLE 1 – ONSITE PUBLIC IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and Drainage SPA150818_036 $ 1,342,000 $ 1,342,000 Water System SPA150818_036 $ 230,000 $ 230,000
Sewer System SPA150818_036 $ 266,000 $ 266,000
Total $ 1,838,000 $ 1,838,000
TABLE 2 – MONUMENT IMPROVEMENTS
Improvement Security
Survey Monuments SPA150818_037 $ 91,440
Total $ 91,440
The securities required for all improvements have been provided by the Developer in the total amount of $1,929,440.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of TM37409-1. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017- 1 Annexation 12, Zone 12.

ATTACHMENTS

1. Legado Site Map

2. Project Site Map

3. Final Map

4. Agreement

5. Bond – Improvements

6. Bond – Monuments
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 2

Menifee Mayor and City Council
April 16, 2025
Page
258 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 3

Menifee Mayor and City Council
April 16, 2025
Page
259 of 750

I
j
\
-+I
-\\ . J ,
\ I
-
c:,
<(
0 a::
�La.J
i2 a::
:::,
:::!:
�
9d
LECADO TRACT 37409-1
l�lr-T-·1 I -1-
: I I � � I I I I U I I �� I I I I
L_l e: :,,_j_ I __l I- � --=--=---- -
1--� I �· I I
I I 5� I I I I �c I I �� I I I I �d -- ... - -I
I J_ ..... ...;i I I I I �Qc:
� cs ROUSE ROAD
87 Ls., 88 LS. I
x9J LS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16/ 17 -�
-
LOT
11 8
11 - __ � �
}( --BONGO WAYI "\, /w I 19 �89 LS.- c,::

I"- 35 34 33 32 31 30 29 28 27 26 25 24 23 I-
�I":

V,
20 w (.)
21 :5 >
92 0.5. ii2 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 22 �WATER QUALITY / C c.;1.._

DETENTION BASIN
� MARACAS WAY - - I C n ,,�,, �, nT ·F
� 0 C 65 ......
i < 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 �CQ
66 �
0 ES
\
-1
\
I
68 69 70 71 72 73 74 75 76 77 78/ 79-: , -
LOT ''F"� I-
>..._
67 81 82
) !l:I PERCUSSION ROAD
�
86 85 � LOT "D" 84 83 Z t;; 90 Ls.

I
91 LS.
,, ,,
cr :;j LOT "A"
08 I
� L
[

I LOT G
\ I
I ---

ETHANAC
c:,
� <(
0 a:: i2
McLAUGHLIN c:, ROAD
(/)
z �� z
La.J <(
(..)
z La.J
ROUSE
c:,
<(
0 a::

CHAMBERS
McCALL BLVD.

VICINITY MAP
N.T.S.
c:, c:,
<( <(
0 0 a:: a::
z La.J
<( a..
:::!: 0
a:: La.J �:::c z (/) <(

PROJECT
SITE
AVENUE
SCALE: 1
11 =200
1 0 200 400 600

PROJECT SITE PLAN
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 4

Menifee Mayor and City Council
April 16, 2025
Page
260 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 5

Menifee Mayor and City Council
April 16, 2025
Page
261 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 6

Menifee Mayor and City Council
April 16, 2025
Page
262 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 7

Menifee Mayor and City Council
April 16, 2025
Page
263 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 8

Menifee Mayor and City Council
April 16, 2025
Page
264 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 9

Menifee Mayor and City Council
April 16, 2025
Page
265 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 10

Menifee Mayor and City Council
April 16, 2025
Page
266 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 11

Menifee Mayor and City Council
April 16, 2025
Page
267 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 12

Menifee Mayor and City Council
April 16, 2025
Page
268 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 13

Menifee Mayor and City Council
April 16, 2025
Page
269 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 14

Menifee Mayor and City Council
April 16, 2025
Page
270 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 15

Menifee Mayor and City Council
April 16, 2025
Page
271 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 16

Menifee Mayor and City Council
April 16, 2025
Page
272 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 17

Menifee Mayor and City Council
April 16, 2025
Page
273 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 18

Menifee Mayor and City Council
April 16, 2025
Page
274 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 19

Menifee Mayor and City Council
April 16, 2025
Page
275 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 20

Menifee Mayor and City Council
April 16, 2025
Page
276 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 21

Menifee Mayor and City Council
April 16, 2025
Page
277 of 750

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 1,341,765.25 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 229,860.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 266,248.80 $ $
Total 1,837,874.05 $ $
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 G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
1/13/2025
Signature Date
AMIR H. FALLAHI 55534
Name Typed or printed RCE# Exp. Date
Civil Engineer'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 Amountss. **100% for Flood Control items.

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR 37409-1 1/13/2025

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**100% of Estimated
Construction Costs) Construction Costs)
1,342,000.00 1,342,000.00

0.00 0.00
230,000.00 230,000.00

0.00 0.00
266,000.00 266,000.00
1,838,000.00 1,838,000.00
183,800.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Approved for bonding
A. Backlund
1/16/25
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 22

Menifee Mayor and City Council
April 16, 2025
Page
278 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS
UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 231,161.04
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 2,402.22
L.F. $ 14.00 $ 92,540.00
S.F. $ 10.00 $ 8,100.00
S.F. $ 6.00 $ 181,680.00
S.F. $ 8.00 $ 170,880.00
EA. $ 1,500.00 $ 6,000.00
EA. $ 5,000.00 $ 95,000.00
EA $ 2,500.00 $ 17,500.00
$ $ 0.00
L.F. $ 113.00 $ 3,955.00
L.F. $ 132.00 $ 81,312.00
L.F. $ 153.00 $ 58,140.00
EA. $ 7,500.00 $ 22,500.00
EA. $ 11,000.00 $ 44,000.00
EA. $ 4,500.00 $ 4,500.00
EA. $ 5,000.00 $ 15,000.00
EA. $ 6,500.00 $ 6,500.00
LS $ 5,000.00 $ 5,000.00
$ $ 0.00
S.F $ 3.61 $ 158.84
EA. $ 275.00 $ 1,925.00
$ $ 0.00
LS $ 8,000.00 $ 0.00
LS $ 40,000.00 $ 0.00
LS $ 30,000.00 $ 0.00
LS $ 15,000.00 $ 0.00
A. $ 1,048,254.10
B. Administrative Contingency (20% x A) $ 209,650.82
C. CM - Inspection - LC (8%) $ 83,860.33
D Streets/Drainage Total (A + B) $ 1,341,765.25

0.00 108,100

ITEM QUANTITY UNIT AMOUNT
COST
C.Y. $ 25.00 $ Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan

1. Projects with Grading Plan for Roadway

0.33 Agg Base Class II
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs
to assure that work will be corrected to eliminate
hazardous conditions.)
(a.) Excavate and Fill -
(b.) Excavate and Export -
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 2,568

0.5 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

4.0 Curb and Gutter (Type A-6) 6,610
ADA Access Ramp (w/ new construction) 4
P.C.C. Cross Gutter and Spandrels 810
P.C.C. Sidewalk 30,280
P.C.C. Driveway Approach 21,360
Gutter Depression 7
Street Lights (including conduit) 19
Catch Basin W=14' 3
Catch Basin W=21' 4
Manhole No. 4 1
Transition Structure No. 3 1
Manhole No. 1 3

DRAINAGE
24" R.C.P. round, arch or elliptical 616
30" R.C.P. round, arch or elliptical 380
18" R.C.P. round, arch or elliptical 35
1 SIGNING, STRIPING AND SIGNALS
Remove Temporary Improvements
Thermoplastic Pavement Markings 44
Street Name Sign 7
Subtotal
Design/submittals/review
Mobilization
Traffic Control
Survey
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 23

Menifee Mayor and City Council
April 16, 2025
Page
279 of 750

UNIT
L.F. $ 35.00 $ 82,950.00
EA. $ 4,000.00 $ 36,000.00
EA. $ 2,400.00 $ 7,200.00
EA. $ 1,200.00 $ 85,200.00
EA. $ 500.00 $ 7,500.00
EA. $ 500.00 $ 1,000.00
EA. $ 2,000.00 $ 4,000.00
LF $ 35.00 $ 4,445.00
EA. $ 120.00 $ 14,280.00
L.F. $ 1,340.00 $ 9,380.00
L.F. $ $ 0.00
A. $ 159,625.00
B. $ 31,925.00
C. $ 191,550.00
D. $ 38,310.00
E. $ 229,860.00

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
8" Waterline PVC C-900 DR-18 2,370
6" Fire Hydrant (Standard) 9
1" Air and Vacuum Valve. 3
1" Service Connection with 1" Meter 71
Join at existing end of 8" pipe 2
1" Service Meter 15
Remove blowoff and air vac 2
20% x C
Water Total (C + D)
8" Gate Valve RS 7
Water Total (A + B)
Administrative Contingency (20% x A)
Subtotal
8" Waterline Fusible PVC 127
8" Miscellaneous Fittings 119
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 24

Menifee Mayor and City Council
April 16, 2025
Page
280 of 750

UNIT
L.F. $ 25.00 $ 52,750.00
L.F. $ 35.00 $ 87,885.00
EA. $ 3,140.00 $ 28,260.00
EA. $ 1,500.00 $ 1,500.00
EA. $ 500.00 $ 14,500.00
A. $ 184,895.00
B. $ 36,979.00
C. $ 221,874.00
D. $ 44,374.80
E. $ 266,248.80

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
4" PVC SDR 35 (Use it for Residential Laterals) 2110
8" PVC SDR 35 Green 2511
Standard Manhole 48" 9
Join Existing 8" Pipe 1
Backwater Valve 29

BOND AMOUNT FOR RECORDATION PRIOR
TO HAVING SIGNED PLAND ( ORD.460, SEC.
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 25

Menifee Mayor and City Council
April 16, 2025
Page
281 of 750

CITY OF MENIFEE

OFFICE OF THE CITY SURVEYOR

MONUMENT BOND COMPUTATION
MAP # 37409-1 SCHEDULE MAP CHECKER

Cost per Monument
$2500.00* $300
$2500.00* $600
x + 20% = Total Bond Amount
x x 120% = $91,440.00
$
Date:

REVISED 2010
254 $300
Monument Inspection Fee (Deposit Based)
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Submitted Monument Bond Computation to Planning Dept. Plan Check Review * Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician.

Total Monuments to be Bonded
Schedule "I" Maps
Minimum Cost
Schedule "A" through "H" Maps
Cost per Monument
Approved for bonding
A. Backlund
1/16/25
Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 26

Menifee Mayor and City Council
April 16, 2025
Page
282 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 27

Menifee Mayor and City Council
April 16, 2025
Page
283 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 28

Menifee Mayor and City Council
April 16, 2025
Page
284 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 29

Menifee Mayor and City Council
April 16, 2025
Page
285 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 30

Menifee Mayor and City Council
April 16, 2025
Page
286 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 31

Menifee Mayor and City Council
April 16, 2025
Page
287 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 32

Menifee Mayor and City Council
April 16, 2025
Page
288 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 33

Menifee Mayor and City Council
April 16, 2025
Page
289 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 34

Menifee Mayor and City Council
April 16, 2025
Page
290 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 35

Menifee Mayor and City Council
April 16, 2025
Page
291 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 36

Menifee Mayor and City Council
April 16, 2025
Page
292 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 37

Menifee Mayor and City Council
April 16, 2025
Page
293 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 38

Menifee Mayor and City Council
April 16, 2025
Page
294 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 39

Menifee Mayor and City Council
April 16, 2025
Page
295 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 40

Menifee Mayor and City Council
April 16, 2025
Page
296 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 41

Menifee Mayor and City Council
April 16, 2025
Page
297 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 42

Menifee Mayor and City Council
April 16, 2025
Page
298 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 43

Menifee Mayor and City Council
April 16, 2025
Page
299 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 44

Menifee Mayor and City Council
April 16, 2025
Page
300 of 750

Item Title: 10.15
Final Map, Agreement, and Bonds for Tract Map 37409-1, Legado, by Lennar Homes of California, LLC Item Page Number: 45

Menifee Mayor and City Council
April 16, 2025
Page
301 of 750

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC
MEETING DATE: April 16, 2025
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map 37409-2, Legado, by Lennar Homes of California, LLC, located south of Rouse Road and east of Ballad Boulevard; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37409-2.

20.18 gross acres of land into 67 single-family residential lots. TM37409-2 is located south of Rouse Road and east of Ballad Boulevard as shown in the attached Project Site Plan. The filing of final maps TM37409-1 & TM37409-3 have been provided as separate agenda items for City Council consideration.

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 1

Menifee Mayor and City Council
April 16, 2025
Page
302 of 750

City of Menifee Staff Report
Final Map 37409-2 Legado
April 16, 2025

Page 2 of 2 ends

2 6
3 3
The Developer is now requesting approval and filing of the final map for TM37409-2 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The SIA requires that public improvements be completed within 12 months from the date of City Council approval.

TABLE 1 – ONSITE PUBLIC IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and Drainage SPA150818_038 $ 1,061,000 $ 1,061,000 Water System SPA150818_038 $ 236,500 $ 236,500
Sewer System SPA150818_038 $ 306,500 $ 306,500
Total $ 1,604,000 $ 1,604,000
TABLE 2 – MONUMENT IMPROVEMENTS
Improvement Security
Survey Monuments SPA150818_039 $ 75,960
Total $ 75,960
The securities required for all improvements have been provided by the Developer in the total amount of $1,679,960.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of TM37409-2. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017- 1 Annexation 12, Zone 12.

ATTACHMENTS

1. Legado Site Map

2. Project Site Map

3. Final Map

4. Agreement

5. Bond – Improvements

6. Bond – Monuments
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 2

Menifee Mayor and City Council
April 16, 2025
Page
303 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 3

Menifee Mayor and City Council
April 16, 2025
Page
304 of 750

PROJECT SITE MAP
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 4

Menifee Mayor and City Council
April 16, 2025
Page
305 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 5

Menifee Mayor and City Council
April 16, 2025
Page
306 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 6

Menifee Mayor and City Council
April 16, 2025
Page
307 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 7

Menifee Mayor and City Council
April 16, 2025
Page
308 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 8

Menifee Mayor and City Council
April 16, 2025
Page
309 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 9

Menifee Mayor and City Council
April 16, 2025
Page
310 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 10

Menifee Mayor and City Council
April 16, 2025
Page
311 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 11

Menifee Mayor and City Council
April 16, 2025
Page
312 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 12

Menifee Mayor and City Council
April 16, 2025
Page
313 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 13

Menifee Mayor and City Council
April 16, 2025
Page
314 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 14

Menifee Mayor and City Council
April 16, 2025
Page
315 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 15

Menifee Mayor and City Council
April 16, 2025
Page
316 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 16

Menifee Mayor and City Council
April 16, 2025
Page
317 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 17

Menifee Mayor and City Council
April 16, 2025
Page
318 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 18

Menifee Mayor and City Council
April 16, 2025
Page
319 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 19

Menifee Mayor and City Council
April 16, 2025
Page
320 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 20

Menifee Mayor and City Council
April 16, 2025
Page
321 of 750

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 1,061,168.86 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 236,419.20 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 306,604.80 $ $
Total 1,604,192.86 $ $
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 G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
12/3/2025
Signature Date
AMIR H. FALLAHI 55534
Name Typed or printed RCE# Exp. Date
Civil Engineer'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 Amountss. **100% for Flood Control items.

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR 37409-2 1/13/2025

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**100% of Estimated
Construction Costs) Construction Costs)
1,061,000.00 1,061,000.00

0.00 0.00
236,500.00 236,500.00

0.00 0.00
306,500.00 306,500.00
1,604,000.00 1,604,000.00
160,400.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Approved for bonding
A. Backlund
1/16/25
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 21

Menifee Mayor and City Council
April 16, 2025
Page
322 of 750

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS
UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 236,293.20
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 2,455.56
L.F. $ 14.00 $ 96,600.00
L.F. $ 10.00 $ 460.00
S.F. $ 10.00 $ 33,000.00
S.F. $ 6.00 $ 199,500.00
S.F. $ 8.00 $ 144,000.00
EA. $ 1,500.00 $ 15,000.00
EA. $ 5,000.00 $ 90,000.00
EA $ 2,500.00 $ 10,000.00
S.F $ 3.61 $ 79.42
EA. $ 275.00 $ 1,650.00
$ $ 0.00
LS $ 8,000.00 $ 0.00
LS $ 40,000.00 $ 0.00
LS $ 30,000.00 $ 0.00
LS $ 15,000.00 $ 0.00
A. $ 829,038.18
B. Administrative Contingency (20% x A) $ 165,807.64
C. CM - Inspection - LC (8%) $ 66,323.05
D Streets/Drainage Total (A + B) $ 1,061,168.86

0.00 110,500

ITEM QUANTITY UNIT AMOUNT
COST
C.Y. $ 25.00 $ Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan

1. Projects with Grading Plan for Roadway

0.5 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

4.1 Curb Only (Type 6A) 46
Curb and Gutter (Type 6) 6,900
ADA Access Ramp (w/ new construction) 10
P.C.C. Cross Gutter and Spandrels 3,300
P.C.C. Sidewalk 33,250
P.C.C. Driveway Approach 18,000
Gutter Depression 4
Street Lights (including conduit) 18

SIGNING, STRIPING AND SIGNALS
Thermoplastic Pavement Markings 22
Street Name Sign 6
Survey
Subtotal
Design/submittals/review
Mobilization
Traffic Control
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 22

Menifee Mayor and City Council
April 16, 2025
Page
323 of 750

UNIT
L.F. $ 35.00 $ 112,525.00
EA. $ 1,340.00 $ 16,080.00
EA. $ 4,000.00 $ 40,000.00
EA. $ 4,000.00 $ 12,000.00
EA. $ 2,400.00 $ 9,600.00
EA. $ 1,200.00 $ 76,800.00
EA. $ 800.00 $ 3,200.00
EA. $ 500.00 $ 1,500.00
EA. $ 500.00 $ 1,000.00
EA. $ 2,000.00 $ 4,000.00
A. $ 164,180.00
B. $ 32,836.00
C. $ 197,016.00
D. $ 39,403.20
E. $ 236,419.20
6" Fire Hydrant (Standard) 10
8" Gate Valve RS 12
COST

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Removal of Blowoff & AV&AR 2
Join at existing end of 8" pipe 2
8" Waterline PVC C-900 DR-18 3,215
1" Air and Vacuum Valve. 4
1" Service Connection (no Meter) 4
6" Blowoff 3
1" Service with 1" Meter Connection 64
1" Service Meter 3
20% x C
Water Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 23

Menifee Mayor and City Council
April 16, 2025
Page
324 of 750

UNIT
L.F. $ 25.00 $ 52,500.00
L.F. $ 35.00 $ 101,080.00
EA. $ 3,140.00 $ 34,540.00
EA. $ 1,500.00 $ 3,000.00
EA. $ 500.00 $ 20,500.00
EA. $ 650.00 $ 1,300.00
A. $ 212,920.00
B. $ 42,584.00
C. Sewer Total (A + B) $ 255,504.00
D. 20% x C $ 51,100.80
E. Sewer Total (C + D) $ 306,604.80
COST
4" PVC SDR 35 (Use it for Residential Laterals) 2,100

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Join Existing 8" Pipe 2
Standard Manhole 48" 11
8" PVC SDR 35 Green 2,888
Backwater Valve. 41
Subtotal
Administrative Contingency (20% x A)
Temporary End Plugs 2
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 24

Menifee Mayor and City Council
April 16, 2025
Page
325 of 750

CITY OF MENIFEE

OFFICE OF THE CITY SURVEYOR

MONUMENT BOND COMPUTATION
MAP # 37409-2 SCHEDULE MAP CHECKER

Cost per Monument
$2500.00* $300
$2500.00* $600
x + 20% = Total Bond Amount
x x 120% = $75,960.00
$
Date:

REVISED 2010
211 $300
Monument Inspection Fee (Deposit Based)
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Submitted Monument Bond Computation to Planning Dept. Plan Check Review * Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician.

Total Monuments to be Bonded
Schedule "I" Maps
Minimum Cost
Schedule "A" through "H" Maps
Cost per Monument
Approved for bonding
A. Backlund
1/16/25
Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 25

Menifee Mayor and City Council
April 16, 2025
Page
326 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 26

Menifee Mayor and City Council
April 16, 2025
Page
327 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 27

Menifee Mayor and City Council
April 16, 2025
Page
328 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 28

Menifee Mayor and City Council
April 16, 2025
Page
329 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 29

Menifee Mayor and City Council
April 16, 2025
Page
330 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 30

Menifee Mayor and City Council
April 16, 2025
Page
331 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 31

Menifee Mayor and City Council
April 16, 2025
Page
332 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 32

Menifee Mayor and City Council
April 16, 2025
Page
333 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 33

Menifee Mayor and City Council
April 16, 2025
Page
334 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 34

Menifee Mayor and City Council
April 16, 2025
Page
335 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 35

Menifee Mayor and City Council
April 16, 2025
Page
336 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 36

Menifee Mayor and City Council
April 16, 2025
Page
337 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 37

Menifee Mayor and City Council
April 16, 2025
Page
338 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 38

Menifee Mayor and City Council
April 16, 2025
Page
339 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 39

Menifee Mayor and City Council
April 16, 2025
Page
340 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 40

Menifee Mayor and City Council
April 16, 2025
Page
341 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 41

Menifee Mayor and City Council
April 16, 2025
Page
342 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 42

Menifee Mayor and City Council
April 16, 2025
Page
343 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 43

Menifee Mayor and City Council
April 16, 2025
Page
344 of 750

Item Title: 10.16
Final Map, Agreement, and Bonds for Tract Map 37409-2, Legado, by Lennar Homes of California, LLC Item Page Number: 44

Menifee Mayor and City Council
April 16, 2025
Page
345 of 750

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37409-3, Legado, by Lennar Homes of California, LLC
MEETING DATE: April 16, 2025
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map 37409-3, Legado, by Lennar Homes of California, LLC, located south of Rouse Road and east of Sherman Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37409-3.

In 2024, Lennar Homes of California, LLC. (“Developer”) purchased the first phase of the Development, entered into improvement agreements with the City for construction of backbone infrastructure, and began preparing three tract maps within Phase 1 (“Project”). Tract Map 37409- 3 (TM37409-3), the last of the three maps within the Project, is a proposed subdivision of 16.17 gross acres of land into 59 single-family residential lots. TM37409-3 is located south of Rouse Road and east of Sherman Road as shown in the attached Project Site Map. The final filing of maps TM37409-1 & TM37409-2 have been provided as separate agenda items for City Council consideration.

Item Title: 10.17
Final Map, Agreement, and Bonds for Tract Map 37409-3, Legado, by Lennar Homes of California, LLC Item Page Number: 1

Menifee Mayor and City Council
April 16, 2025
Page
346 of 750

City of Menifee Staff Report
Final Map 37409-3 Legado
April 16, 2025

Page 2 of 2 ends

Menifee City CouncilApril 16, 2025

Menifee City Council
April 16, 2025