2018/01/04 Brookfield Homes of Southern California, LLC Model Home Complex Agreement for TR 36485-2 Planning area 19, Audie Murphy Ranch ENIF'�_
CITY OF MENIFEE
Planning Division
Community Development Department
Model Home Complex Agreement for
Tract Map No. 36485-2 Planning Area 19
Audie Murphy Ranch
This agreement ("Agreement") is made this day of 'S 2018, by and
between the City of Menifee ("City") and Brookfield Homes SoutheiYi California, LLC,
("Developer") (collectively the "Parties") in exchange-for good and valuable consideration receipt
of which is hereby acknowledged.
City agrees to issue Building Permits for a model home complex and associated facilities (the
"Model Home Complex") as set forth on Exhibit A to this Agreement on property located as Lots
4 through 7 of Tract No. 36485-2 (APN 358-070-008), Planning Area 19 upon completion of the
terms and conditions set forth in this Agreement.
The Tract is presently zoned Specific Plan (Audie Murphy Ranch, Planning Area No. 19). The
Property's land use designation under the General Plan is the Audie Murphy Ranch Specific
Plan Planning Area No. 19. The property is within the City of Menifee and is the property of the
Brookfield Homes. Such zoning and General Plan designations allow the construction and sale
of individual single-family dwellings, one per recorded lot, with City approval and recordation of
a Tract Map as provided under the State of California Subdivision Map Act. Because the Model
Home Complex will contain dwellings that possess atypical features from those of a standard
home and the one (1) additional model home will also possess atypical features, such as office
accommodations and trap fencing, etc., the City agrees to allow construction and operation of
such atypical features under this Model Home Complex Agreement, for a period not to exceed
three (3) years unless extended in writing as provided herein and subject to the requirements
and stipulations set forth in this Agreement.
It is understood and agreed that all physical public infrastructure improvements required for the f
safe ingress and egress to the Model Home Complex from existing, improved and accepted
public rights-of-way shall be in place to the satisfaction of the City's Engineering Department,
regardless of whether such improvements have been finally approved and accepted by the City
prior to opening the Model Home Complex to the public. Developer shall ensure the physical
safety of customers/clients that may visit the Model Home Complex approved under this j
Agreement. While phasing of development shall be allowed, each phase must be approved by
the City and constructed in such a manner as to ensure the safety of customers/clients, as well i
as new home owners and all construction shall be in compliance with all state and federal
regulations, including without limitation, compliance with the Americans with Disabilities Act.
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Model Home Complex Agreement for PP 2017-360 Tract No. 36485-2, PA 19
remove, amend, modify or reconstruct, the dwellings within the Model Home Complex to a level
and degree necessary to ensure compliance with the terms of this Agreement. Any and all
costs incurred by the City, including any fees from agencies other than the City, including
attorney fees, for said removal, amendment, modification or reconstruction shall be deducted
from the surety noted above and written notice thereof provided to the property owner. Any
costs incurred by the City in excess of the surety established herein and on file with the City
shall be reimbursed to the City within thirty (30) days of the written notification to the property
owner of the completion of such work. Neither a Certificate of Occupancy nor Final Inspection
shall be issued or conducted upon the dwellings subject to this Model Home Complex
Agreement until such reimbursement has been provided to the City. Any excess surety, cash
deposit or release of bonds still in the position of the City following any removal, amendment,
modification or reconstruction of the above noted dwellings shall be returned to the undersigned
within thirty (30) days of the completion of such work.
No Certificate of Occupancy or Final Inspection shall be requested or granted for any individual
dwelling subject to this Model Home Complex Agreement prior to the conversion of the
dwellings within the Model Home Complex until such time as the dwellings are removed,
amended, modified or reconstructed, as identified herein. A temporary Certificate of Occupancy
may be issued to allow the furnishing, preparation of work for display, display and use as office
space of the Model Homes to potential buyers.
The Developer shall indemnify, protect, defend and hold harmless, the City and any agency or
instrumentality thereof, and/or any of its officers, employees and agents from any and all claims,
actions, demands and liabilities arising or alleged to arise as the result of the applicant's
performance or failure to perform under this agreement, or from any proceedings against or
brought against the City, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting
from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City, concerning this
agreement.
In compliance with the above, the Developer shall reimburse the City, its agents, officers or
employees for any judgment, court costs and attorney's fees which the City, its agents, officers
or employees may be required to pay as a result of such action. The City may, in its sole
discretion, participate at its own expense in the defense of any such action, but such
participation shall not relieve the undersigned of its obligations under this requirement.
This agreement is in reference to the lots and dwellings constructed thereon, listed below within
Tract No. 36485-2 Planning Area 19:
Lot No. 4— Plan 3B (Farmhouse)
Lot No. 5— Plan 2A (Spanish)
Lot No. 6— Plan 1 C (Ranch)
Lot No. 7— Parking Lot
Itemized list of removal, amendment, modification or reconstruction required by this Agreement
and associated anticipated costs for surety purposes:
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1. Removal of all model home signage; $300.00
2. Removal of parking lots; $5,000.00
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Model Home Complex Agreement for PP 2017-360 Tract No. 36485-2, PA 19
3. Clean up of any painted curbs; $100.00
4. Removal of sales office; $10,000.00
5. Removal of all other ancillary items not incidental of a typical single-family resident unit.
$15,600.00
Total: $31,000
This Agreement represents the full and entire agreement of the parties and shall be effective as
of the date first set forth above.
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Model Home Complex Agreement for PP 2017-360 Tract No. 36485-2, PA 19
Brookfield Homes
("Developer")
Dated: ' ` By
(Signature for President or other Category 1 Officer)
1A 1 t,0 ue- Gv�b�-cam
(Print Name)
S�P
(Title)
Dated: V By
(Signature er,464e ry or other Category 2 Officer)
(Print Name)
Sr.
(Title)
CITY OF MENIFEE
("City")
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Dated: By GI
Cheryl Kitzetfiw
i
Comm unit evelop Director
Approved as to Form:
Ajit Thind
City Attorney
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