AGREEMENT
FOR THE PLACEMENT OF SURVEY MONUMENTS
PARCEL MAP NO. 38886
This Agreement for the Placement of Survey Monuments (Agreement) is made and entered into by and between the City of Menifee, State of California ("City"), and KB Home Cal Management Services, a Limited Liability Company ("Developer"). The effective date ("Effective Date") of this Agreement is —
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map or project approval for the map or project known as Nautical Cove PM38886, hereby agrees, at Developer's own four 2) months tom the Bitective Date, in a good and notary to set, with at sente. monuments and tie points and furnish to the City Surveyor tie notes for said tract in accordance with standards set forth in Riverside County Ordinance No. 461, or any successor thereto adopted by City, Section 8771 et seq. of the Business and Professions Code of the State of California, and all other applicable laws, rules and regulations. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Fourteenth or via electronic mail to Developer at [email protected] . The Developer further agrees to pay, within thirty (30) days of presentation to Developer of the final billing of any surveyor or engineer for work performed by him as provided for in Article 9 of Chapter 4, Division 2 of Title 7 of the Government Code of the State of California (commencing with Section 66495). Developer further agrees that if payment to the surveyor or engineer is not made within thirty (30) days, the surveyor or engineer notifies City that he has not been paid for setting the final monuments, and the City, pursuant to Section 66497 of the Government Code, after providing Developer with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by City to the engineer or surveyor, Developer will, upon demand, and without proof of loss by City, reimburse City for any funds so expended. Notwithstanding any other provision herein, the determination of City as to whether the surveyor or engineer has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest in this Agreement or any portion thereof. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.
Developer further agrees to maintain the above required improvements for a period of one (1) year following acceptance by City, and during this one (1) year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished.
Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Thirty-Seven Thousand and 0/100 Dollars, $ 37,000, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement.
Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
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SECOND: Developer agrees to pay to City the actual cost of such inspections of the work as may be required by the City Engineer. Developer further agrees that if suit is brought upon this Agreement or any security guaranteeing the completion of the work, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer. Developer shall defend (with counsel selected by City, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction.
Developer's obligations under this Section shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
and to any agent or employee of City, the
irrevocable permission elo peter without as additional consent, upon the lands of the above referenced land division for the purpose of inspecting or completing placement of the survey monuments and tie points. This permission shall terminate in the event that Developer has completed the work within the time specified or any extension thereof granted by the City Engineer, and the City Engineer has provided a written approval thereof. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs") incurred by City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to City no more than thirty (30) days of the date that City notifies Developer of such Completion Costs. Failure to remit the Completion Costs in a timely matter shall result in City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs plus any incidental amounts available to City.
FIFTH: Developer agrees at all times, up to the completion and approval of the work by the City Engineer, to give good and adequate notice and warning to the traveling public of each Survey Monument Agreement
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and every defective, hazardous, or dangerous condition caused by the work and the placement of the survey monuments and tie points, and to protect the traveling public from such defective, hazardous, or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
SIXTH: Developer, or his agents and employees shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work and shall furnish to the City Engineer or designee all reasonable access to facilities for obtaining full information respecting the progress and manner of work, and shall fully cooperate with any investigation regarding the same.
SEVENTH: If Developer, or its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement. The City Engineer shall have the power to terminate all rights of Developer because of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination of the City Engineer of the question as to whether any of the terms of this Agreement or the plans and specifications have been violated or have not been performed satisfactorily shall be conclusive upon Developer, any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this Section shall be in addition to all rights and remedies available to City under law or under this Agreement. The failure of Developer to commence or complete construction shall not relieve Developer or its surety from completion of the work required by this Agreement.
EIGHTH:
A. Developer shall at all times guarantee Developer's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security (the "Monument Security") in the amount of one hundred percent (100%) of the estimated cost of survey monuments and tie-ins for the map or project identified above in the form required by Government Code Section 66496. The Monument Security shall be a surety bond in a form approved by the City Attorney, a cash deposit, or other form acceptable to the City Manager or designee in their sole discretion. The Monument Security shall be kept on file with the City Clerk and is incorporated into this Agreement by this reference.
If Monument 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 Monument Security may be released. The City Engineer shall approve replacement of Monument Security.
C. At the time of submittal of security, Developer shall pay to City administrative fees applicable to the form of Monument Security provided in accordance with the current City of Menifee Fee Schedules.
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D. Monument 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.
Monument Security shall be released within thirty (30) days of the final completion and acceptance or approval by City of the work to be performed under this Agreement.
F. City may retain from the Monument Security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing from time to time by the Public Works Director / City Engineer either at their own option or upon request of Developer, and such extensions shall in no way attect the validity of this Agreement or release the surety or sureties on said securities. Developer further agrees to maintain the aforesaid securities in full force and effect during the term of this Agreement, including any extensions of time as may be granted thereon.
TENTH: This Agreement shall be binding upon Developer and its heirs, executors, administrators, successors or assigns, all and each both jointly and severally. This Section shall not be construed as an authorization for any party to assign any right or obligation.
ELEVENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid.
TWELFTH: Developer agrees to grant free access to the Public Works Director / City Engineer, his staff and consultants to perform inspections and quality assurance sampling and tests.
THIRTEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the addresses listed below.
City Developer
City of Menifee KB Home Cal Management Services, LLC.
29844 Haun Road
Menifee, CA 92586 36310 Inland Valley Dr. Suite 300
Attn: City Engineer
Wildomar, CA 92595
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FOURTEENTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. Except as expressly set forth herein, this Agreement may only be amended by mutual written agreement signed by both parties.
FIFTEENTH: In any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.
SIXTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
SEVENTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City.
Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer.
Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred. The Agreement shall survive the recordation of the final map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction.
EIGHTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors Survey Monument Agreement
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shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals to perform the work required by this Agreement, and the same shall be maintained throughout the term of this Agreement. Any conflict or discrepancy between applicable requirements shall be brought to the attention of the City Engineer, who will issue a determination.
NINETEENTH: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
TWENTIETH: This Agreement is to be governed by the laws of the State of California.
Any action to enforce or interpret this Agreement shall be in the courts of competent jurisdiction in Riverside County, California.
TWENTY FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any party to assign any right or obligation.
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IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE DEVELOPER
Date Signed: Date Signed:
2/19/26
Armando G. Villa, City Manager [Developer_Signature_1]
Name:_Scott Hansen
Nick Fidler, Public Works Director
Title:_Vice President, Forward Planning.
Attest:
2/19/2026
Stephanie Roseen, City Clerk [Developer_Signature_2]
Approved as to Form:
Name:_Vernell Williams
Title:_Director, Forward Planning.
Jeffrey T. Melching, City Attorney
[Note: 2 officer's signatures required if
Developer is a corporation, unless provided
with a certificate of secretary in-lieu]
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual vho signed the document, to which this certificate is attached, and not the truthfulness, accuracy r validity of that documen
State of California
County of Riverside
On February 19, 2026, before me, Desiree A. Perez, Notary Public, personally appeared Scott Hansen, 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.
DESIREE A. PEREZ
Notary Public - California
Riverside County
Commission * 2398856
wy Cam m. Exaires Mar 27. 2026
Desiree A. Perez (SEAL)
| Approved for bonding
A. Backlund
M CITY OF MENIFEE ENGINEERING DEPARTMENT 1/23/26
SURVEY MONUMENT COST WORKSHEET
MENIFEE
PARCEL MAP OR TRACT MAP NO.: PM 38886 DATE: 1/22/2026
PROJECT NAME: Nautical Cove PM
MONUMENT
SECURITY
(100% of Estimated
Estimated Costs)
Survey Monument $ 37,000.00 $. 37,000.00
Total $ 37,000.00 $ 37,000.00
Warranty Retention (10%) 3,700.00
SURVEYOR'S CALCULATION OF MONUMENT BONDING COSTS
The monumentation quantities shown on the attached sheets) accurately represent the improvements required for monument installation, and the mathematical extensions using the City's unit costs are correct for the purpose of determining required bonding amounts.
Freel Afg AN A. ARE
EX 6/38726
Signature *
IATE OF CALE DRE
FRANK A. ARTIGA
Name Typed or printed Surveyor's Stamp
ACS CONSULTING INC 1/22/2026
Company Date
REV 1.22.26
*** PLEASE READ INSTRUCTIONS BELOW ***
• Quantities are to be taken from the Final Map and/or other survey record. Unit costs are to be as provided o City of Menifee Survey Monument Requirement Worksheet.*
2. Show Performance Bond Amounts rounded up to the nearest $1,000.