CITY OF MENIFEE
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 37409-4
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of _, 2026, by and between BLC Fleming LLC, a Delaware limited liability company, hereinafter referred to as "Subdivider," Lennar Homes California, LLC, a California limited liability company, hereinafter referred to as "Lennar", and the City of Menifee, a municipal corporation of the State of California, hereinafter referred to as "City." City and Subdivider may sometimes herein be referred to individually as a "party" and collectively as the "parties."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map (the "Map") of a unit of land in the City of Menifee, County of Riverside, pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws."
B. Tentative Map No. 37409-4 has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 20-910 (the "Resolution of Approval") which among other things, contains Conditions of Approval applicable to the Map ("Conditions of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements consistent with Government Code Section 6641l.1 (the "Overall Improvements"). The Overall Improvements are more specifically described in the Resolution of Approval and on Exhibit A attached hereto and incorporated herein by this reference.
For the purposes of the Map, Subdivider has requested to enter into two (2) separate agreements for the public and private improvements required in the Resolution of Approval: (a) this Agreement for the landscape improvements included in the Resolution of Approval, and (b) a separate agreement for all other improvements required in the Resolution of Approval. The separation of required improvements into two (2) agreements will allow Subdivider to facilitate the landscaping of the property subject to the Map by Lennar in connection with Lennar's development of the neighboring tracts and pursuant to that certain Temporary Construction License Agreement by and between Subdivider and Lennar. For the purposes of this Agreement, the term "Improvements" refer to the landscape-related portion of Overall Improvements in the Resolution of Approval indicated on Exhibit A that Lennar will be constructing pursuant to this Agreement.
D. The Improvements have not been installed and accepted at this time. 2905/031858-3008
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E. It is therefore necessary that Subdivider, Lennar and City enter into an agreement for the installation of the Improvements as provided in Subdivision Map Act Section 66462.
F. In consideration of approval of the Map by the City Council, Subdivider and Lennar each desires to enter into this Agreement, whereby Lennar promises to install and complete, at Lennar's own expense, the Improvements, including all the public improvement work required by City in connection with the Improvements for the proposed Map, and Subdivider hereby consents to same. Lennar shall secure this Agreement by the Improvement Security (defined below) required by City and the Subdivision Laws.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Lennar shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer (the "Improvement Plans"). The Improvement Plans shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Lennar shall construct the Improvements and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security. Lennar shall at all times guarantee Lennar's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security (the "Improvement Security") described on Exhibit A on forms acceptable to City. The Improvement Security shall comply with the following:
A. "Performance security" in the amount of one hundred percent (100%) of the estimated cost of the Improvements plus an additional ten percent (10% warranty which shall assure the faithful performance of this Agreement including construction of the Improvements.
The warranty retention shall guarantee the Improvements for a period of one (1) year.
B. "Payment security" in the amount of one hundred percent (100%) of the estimated cost of the Improvements which shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements, and all other matters required by Civil Code Section 9554 or successor provision.
C. Intentionally Omitted.
D. Provision of the security set forth above shall be a condition precedent to City Council approval of the Map. The Improvement Security 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 Improvement 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. 2905/031858-3008
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Upon filing of a replacement security with the City Clerk, the former Improvement Security may be released. The City Engineer shall approve replacement of Improvement Security.
E. Performance security shall conform with Subdivision Map Act Section 66499 and may be one or more of the following, subject to approval by the City. (1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
(2) Surety bonds, of the form specified in Subdivision Map Act Section 66499.2, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
(3) FDIC-insured certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better from a reputable financial institution ranking system. (4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Subparagraph 3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration. (5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the Map. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include 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 Lennar'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.
If Lennar was 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 Government Code Section 16430, deposited, at City's option, with City or a responsible escrow agent or trust company.
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P. Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the City and not a deposit in lieu of a bond.
G. Intentionally Omitted.
H. At the time of submittal of security, Lennar shall pay to City administrative fees applicable to the form of Improvement Security provided in accordance with the current City of Menifee Fee Schedules.
Improvement 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.
Improvement 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 hereunder. (2) The City Engineer may authorize a one-time fifty percent (50%) reduction of performance security as work progresses, upon application by Lennar. 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, payment security shall be released in full ninety (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 and other applicable California law 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. The warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to this Agreement. 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 Lennar. 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 terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Lennar has made other arrangements satisfactory to the City Engineer.
(5) City may retain from any Improvement Security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
4. Permits Required. Prior to commencing any phase of work on the Improvements, Lennar shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits.
Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider, Lennar or City, 2905/031858-3008
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Subdivider and Lennar shall use its best efforts to purchase such real property at a reasonable price.
In the event that Subdivider and Lennar are unsuccessful, despite using best efforts, to acquire such real property at a reasonable price, Subdivider and Lennar may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider and Lennar. If City so agrees, City, Lennar and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider and/or Lennar advance to City funds in an amount approved by the City to acquire the real property. Any unexpended portion of said advance shall be refunded to Subdivider and/or Lennar, as applicable. In no event shall the failure of Subdivider, Lennar or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable Improvements pursuant to this Agreement or the Conditions of Approval.
6. Public Safety. Lennar agrees at all times, up to the completion and approval of the work by the City, to give good and adequate notice and warning to the traveling public of each and every defective, hazardous, or dangerous condition caused by work on the Improvements, 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.
7. Completion of Improvements: Inspection.
A. Construction of Improvements. Lennar shall begin construction of the Improvements within ninety (90) days and shall complete construction within twenty-four (24) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer in writing. Failure by Lennar to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Lennar in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this Agreement or Lennar's obligations hereunder. The City may use the Improvement Security to construct the Improvements or portions thereof at the City's sole discretion.
B. Inspection. Lennar shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Lennar may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council.
No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in this Agreement. Lennar shall bear all costs of all plan check, inspection and certification for the Improvements. 2905/031858-3008
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8. Force Majeure. In the event that Lennar is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Lennar's control, the time limits for obligations affected by such events will be extended by the period of such events.
Time Extension. Subdivider and Lennar may make application in writing to the City Engineer for an extension of time for completion of the Improvements. The City Engineer, in their sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement.
As a condition of the time extension, Lennar shall furnish Improvement Security, similar in form and substance to those required hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements, as determined by the City Engineer.
10. Intentionally Omitted.
11. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Lennar shall submit a request for final approval by City.
The request shall be accompanied by any required certifications from Lennar's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for the Improvements, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Lennar has provided revised plans as required by this Agreement, the City Engineer shall recommend acceptance of the Improvements by the City Council.
Injury to Improvements. Until such time as the Improvements are accepted by City.
Lennar shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements are fully completed and accepted by City, Lennar will be responsible for the care, maintenance of, and any damage to such Improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Improvements prior to the completion and City acceptance thereof. All such risks shall be the responsibility of and are hereby assumed by Lennar.
13. Revisions to Plans. When the Improvements have been inspected and approved by City, Lennar shall make any necessary revisions to the original plans held by City, so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the Improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer for review, changes, or approval. If changes are required, Lennar shall make them in the time indicated by the City Engineer which shall be at least five (5) days. 2905/031858-3008
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Improvement Warranty. Lennar hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any of the Improvements or portions thereof fails to fulfill any of the requirements of this Agreement or the Improvement Plans, Lennar shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of Improvements or portion thereof. Should Lennar fail to act promptly or in accordance with this requirement, Lennar hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Lennar and to Lennar's surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Lennar can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Lennar shall pay to City the cost of such repairs.
15. Release of Security. City shall retain and release securities in accordance with the provisions of this Agreement and in the manner required by applicable California law. Prior to the release of payment security, the City Engineer may require Lennar to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released.
16. City Right to Cure. Except as otherwise set forth in this Agreement, if Lennar fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Lennar shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation.
In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived by Lennar and all other provisions of this Section shall remain in effect.
17. Injury to Public Improvements, Public Property or Public Utility Facilities. Lennar shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Lennar shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
18. Indemnification.
A. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Lennar, its agents or employees in the performance of this Agreement.
Lennar further agrees to protect and hold harmless Indemnified Parties from any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees 2905/031858-3008
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and litigation expenses, because of, or arising out of, acts or omissions of Lennar, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the subdivision identified in the Map, and the Improvements, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements.
B. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the subdivision identified in the Map or the Improvements, regardless of any negligent action or inaction taken by City in approving the Map or Improvement Plans, unless the particular design for any of the Improvements was specifically required by City over written objection by Lennar submitted to the City Engineer before approval of the particular design, which objection indicated that the particular design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this Paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to any of the Indemnified Parties by virtue of City's approval of the Improvement Plans, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the Improvements, Lennar shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Lennar shall not be responsible for routine maintenance.
C. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this Section that Lennar shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this Section.
19. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, the provisions in the Conditions of Approval shall remain in effect and shall control.
20. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect.
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21. Subdivider No Agent of City. Neither Subdivider not Lennar nor any of their respective agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Lennar's obligations under this Agreement.
22. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this Paragraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.
D. 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.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
G. 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
H. Time is of the essence in the performance of each and every provision of this Agreement.
This Agreement may not be signed, conveyed, or otherwise transferred by Subdivider or Lennar without the prior written consent of the City Engineer.
J The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement.
K. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 2905/031858-3008
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L. 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.
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.
SIGNATURES APPEAR ON FOLLOWING PAGES
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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 SUBDIVIDER
Address for Notices: Address for Notices:
City of Menifee BLC Fleming LLC
29844 Haun Road 100 Bayview Circle, Suite 240
Menifee, CA 92586 Newport Beach, California 92660
Attn: City Engineer Attn: Barry S. Villines
Date Signed: Date Signed:
Armando G. Villa, City Manager BLC FLEMING LLC
a Delaware limited liability company
Nazl
Nick Fidler, Public Works Director
Attest:
Stephanie Roseen, City Clerk
Bany S. Veei
By:
Approved as to Form: Barry S. Villines, CFO
Jeffrey T. Melching, City Attorney
SIGNATURES CONTINUE ON FOLLOWING PAGE
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LENNAR
Address for Notices:
4140 Cocal Canyon moad, Suite 410
Corona, CA 92883
Attention: Nic Vislay
Date Signed:
LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:
Name: trottriy mith
Title: vile President
SIGNATURES OF SUBDIVIDER AND LENNAR
MUST BE ACKNOWLEDGED BY NOTARY
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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 )
Feb. 27, 2026 Sharon L. Pozos, Notary Public
On , before me,
Eric Koff and Barry S. Viffer 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.
SHARON L. POZOS
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2448641
My Comm. Expires Jun 14, 2027
Sharon L.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or 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 capacityies), 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)
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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
On , beforé 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)
•
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individal lub signe the dottment to piling is certificate atied, aly he identity of th accuracy, or validity of that document.
State of California )
County of Riverside
on March 3,00dte _ before me, Megan Etrabath Matti, Notary Pulik. (insert name and title of the officer
Notary Public, personally appeared who proved to me on the basis of satisfactory evidency, be the persons whose names) slare 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)
MEGAN ELIZABETH MARETTI
Notary Public - California
Riverside County
Commission #2534094
My Comm. Expires Oct 3, 2029
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EXHIBIT A
Approved for bonding
A. Backlund
1/21/26
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. 37409 DATE: 11/13/2025
IP: 22-003L
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (100% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Landscape 960,500.00 960,500.00 960,500.00
Total 960,500.00 960,500.00 960,500.00
Warranty Retention (10%) $ 96,050.00
LANDSCAPE ACHITECT'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 math matical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).
11/13/2025
Signature/ Date
REGI
M/31/2
Samantha Ferguson 5601 1/31/2026
Name Typed or printed RLA# Exp. Date DATE
SATE OF CALVERN
Landscape Architect's Stamp
*** 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.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Landscape Architect 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 Landscape Architect, the higher costs as provided by the Landscape Architect should be used.
Exhibit A
2905/031858-3008 - 1-
23325282.1 a02/26/26
7018723v4 / 500303.0063
CITY OF MENIFEE ENGINEERING DEPARTMENT
LANDSCAPE IMPROVEMENTS WORKSHEET
LEGADO LANDSCAPE PLANS (DATED: 11-13-2025)
TRACT 37409 - NEIGHBORHOOD PARK - IP22-003L PREPARED BY BMLA (SAMANTHA FERGUSON) 11-13-25
ITEM QUANTITY UNIT UNIT AMOUNT
COST
START UP / ELECTRICAL / GRADING
Grading and drainage LS S 50,000.00 S 50,000.00
Sewer lateral service, sewer main to R/W EA 2.500.00 $ 2,500.00 Sewer lateral, R/W to bidg. 100 LF 15.00 S 1,500.00
Water service, water main to RA EA 1.500.00 S 15000
Water service line, RAW to bldg. or fixture " - 10.00 S Security cameras 30.000.00 S
Site Lighting EA 300000 90.000.00
Subtotal 146,250.00
HARDSCAPE
4" Natural Color Grey Concrete 10.419 SF 72,933.00
Decomposed Granite trail 7,497 SF 29,988.00
Concrete Mow Curb 2,765 LF 30,415.00
11.005 133,336.00
AMENITIES
Restroom Building EA 100,000.00 S
Benches EA 1,850.00 S
Picnic Tables EA 2.500.00 S
Waste Receptacle EA 1,000.00 S
Drinking Fountain EA 6,500.00 s
Dog-i-pot EA 500.00S
Entry Pilaster EA 3,000.00 S
EA 2.000.00 S
EA 500.00 S
LS 40.000.00 S
Boulders LS 10.000.00 $
Bike Rack EA 900.005 1,800.00
Subtotal Is 97,100.00
LANDSCAPE
Trees (15 Gallon) EA 100.00S
Trees (24" Box) 108 EA 350.00S 37,800.00
Trees (36" Box) EA 800.00S 800.00
Trees ( 48 Gallon) EA 1.500.00 S 0.00
Groundcover (Flats) SF 0.50 S
Shrubs (1 Gallon) EA 10.003 27,980.00
Shrubs (5 Gallon\-succulent 82 EA 32.00 2,624.00
Shrubs (5 Gallon) EA 30.00 S 44,280.00
Mulch - 3* deep shredded wood mulch SF 0.50 S 21,207.00 Mulch - 3" crushed rock mulch SF 2.00 S 9,202.00
Turf Sod SF 0.75 S
Overhead Spray Irrigation SF 1.755
Bubbler Irrigation SF 2.00 s
Drip Irrigation SF 2.25 s
Point to Point Irrigation SF 7.50s
Irrigation booster pump EA 22,000.00 S
Calsense Controller EA 12.500.005
Fine grading SF 0.205
Soil preparation SF 1 09 09 09 09 67 09 0.20 s
Water Meter 2 EA 10,000.00 S 20.000.00
Electric Meter (Duel meter pedestal) EA 10.000.00 S 10,000.00 90 Day Landscape Maintenance 72.407 SF 0.07S 423500)
Subtotal
Subtotal
ontingency (20% × A
TERED ACRE ANCIE ubtotal (Bond Amoun
EG,
09L28
TATE OF CAL LOY
Exhibit A
2905/031858-3008
23325282.1 a02/26/26 -2-
7018723v4 / 500303.0063
EXHIBIT A
Approved for bonding
A. Backlund
1/21/26 CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. 37409 DATE: 11/13/2025
IP: 22-003L
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (100% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Landscape 960,500.00 960,500.00 960,500.00
Total 960,500.00 $ 960,500.00 $ 960,500.00
Warranty Retention (10%) $ 96.050.00
LANDSCAPE ACHITECT'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 include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).
LANDSCAPE
Fan fanfe 11/13/2025 ACHI
Date
5601 117226
Samantha Ferguson 1/31/2026
Name Typed or printed RLA# Exp. Date
STIE OF CIT FORTN
Landscape Architect's Stamp
•** 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.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheel", Landscape Architect 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 Landscape Architect, the higher costs as provided by the Landscape Architect should be used.
Exhibit A
2905/031858-3008
23325282.1 a02/26/26 -1-
7018723v4 / 500303.0063
CITY OF MENIFEE ENGINEERING DEPARTMENT
LANDSCAPE IMPROVEMENTS WORKSHEET
LEGADO LANDSCAPE PLANS (DATED: 11-13-2025)
TRACT 37409 - NEIGHBORHOOD PARK - IP22-003L PREPARED BY BMLA (SAMANTHA FERGUSON) 11-13-25 AMOUNT
COST
START UP / ELECTRICAL / GRADING
Grading and drainage LS 50.000.00 S 50.000.00
Sewer lateral service, sewer main to RAW 2.500.00S 10000 Sewer lateral. R/W to bidg. 100 15.00 S
Water service, water main to RAW in on in on on us Un 1.500.00 S 1,500.00 Water service line. RAW to bldg. or fixture 15 55555 10.00 S 750.00 Seculty cameras 30.000.00 S 0.00
Site Lighting 6.000.005 90.000.00
Subtotal 146,250.00
HARDSCAPE
4" Natural Color Grey Concrete 10,419 sF 7.00 S 72.933.00 Decomposed Granite trail 7,497 SF 02/02 4.005 29,988.00 Concrete Mow Curb 2.765 | LF 11.005 1303500
AMENITIES
Restroom Building EA 100,000.00S 0.00
Benches EA 6A/020 1.850.00 S 14,800.00
Picnic Tables EA 2,500.00S 5.000.00
Waste Receplacle EA 1.000.00 5 7,000.00
Drinking Fountain EA 6,500.005 6.500.00
Dog-i-pot 2 EA 500.00 S 1,000.00
Entry Pilaster EA 3,000.00 S 6,000.00
Kiosks EA 2,000.00S 4,000.00
Park Rules and ADA signs EA 500.00 S 1,000.00
Overhead Fabric Shelter 30x20 LS 40,000.00 S 40,000.00
Boulders LS 10,000.005 10.000.00
Bike Rack EA 900.00 S 1,800.00
Subtotal 97,100.00
LANDSCAPE
Trees (15 Gallon) EA 100.00 S 0.00
Trees ( Box Box) 108 EA 350.00 $ 37800.00
Trees (36" Box) EA 800.00 S 800.00
Trees ( 48 Gallon ) EA 1,500.00 5 0.00
Groundcover (Flats) SF 0.50 S 0.00
Shrubs (1 Gallon) 2,798 EA 10.00 S 27,980.00
Shrubs (5 Gallon)-succulent 82 EA 32.00 2,624.00|
Shrubs (5 Gallon) 1,476 EA 30.005 44,280.00
Mulch - 3" deep shredded wood mulch 42,414 SF 0.50S 21.207.00 Mulch - 3" crushed rock mulch 4,801 SF 2.005 9,202.00
Turt Sod 25,392 SF 0.755 19.044.00
Overhead Spray Irrigation 64,512 SF 1.75 5
Bubbler Irrigation 856 sF 2.005
Drip Irrigation 1.015 SF 2.25 $
Point to Point Irigation 6.024 SF 7.50 5
irrigation booster pump 22.000.005
Calsense Controller 07 IS 09 09 07 69 69 07 69 09 67 12,500.00 s Fine grading 72.407 0.205
Soil preparation 72,407 0.205
Water Meter 10.000.005
Electric Meter (Duel meter pedestal) 10.000.00 S
90 Day Landscape Maintenance 72.407 0078
Subtotal
A [Subtotal
ontingency (20% x F
ubtotal (Bond Amour
REGISTERED
305160
HATE CECIL NATA
Exhibit A
2905/031858-3008 -2-
23325282.1 a02/26/26
7018723v4 / 500303.0063