2018/01/23 KB Home Coastal, Inc. TR Map 30142-2 Model Home Complex Agreement G�TY 0-
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CITY OF MENIFEE
Planning Division
Community Development Department
Model Home Complex Agreement for
Tract Map No. 30142-2
This agreement ("Agreement") is made this 2 3 J day 2018, by and between
the City of Menifee ("City") and KB Homes Corporation, a California Corporation, ("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
136 through 140 (APNs 360-760-017 through 360-760-020), within Tract No. 30142-2 (the
"Tract" or"Tract Map") upon completion of the terms and conditions set forth in this Agreement.
The Tract is presently zoned One Family Dwellings (R-1). The Property's land use designation
under the General Plan is 2.1-5 Residential (2.1-5R). The property is within the City of Menifee
and is the property of the KB Homes Corporation. 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
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
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
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.
Developer agrees to remove, amend, modify or reconstruct, or cause the removal, amendment,
modification or reconstruction of the individual dwellings within the Model Home Complex to the
Model Home Complex Agreement for TR30142-2 (PP 2017-088)
level and degree necessary to ensure that such structures are clearly identifiable as a typical
home within the surrounding neighborhood of the dwelling units upon full occupancy (less the
model homes), but in no case more than sixty (60) days from the close of escrow of the final
(production) dwelling sold by Developer within Tract No. 30142-2, unless otherwise agreed to in
writing by the City. At a minimum, Developer shall remove any trap fencing, all signage or other
displays, attraction or directional devices used to direct individuals to the Model Home Complex,
remove any parking surface utilized as a parking lot for the Model Home Complex, remove,
modify, or reconstruct the sales office to a standard garage, infill any access ways within or
through block walls or fences to the Model Home Complex, remove any landscaping/associated
irrigation, install City required driveway surfaces where needed, and remove all other ancillary
items atypical of a single-family residential dwelling.
The above-noted removal, amendment, modification or reconstruction of the individual dwellings
within the Model Home Complex shall be completed within sixty (60) days from the close of
escrow of the final dwelling (less the model homes) within the approved Tract, or by the close of
escrow of any dwelling within the Model Home Complex, whichever comes first, unless
otherwise mutually agreed in writing by and between the City and Developer. In no case,
however, shall the modifications agreed to under this Agreement remain in place beyond three
(3) years from the date of this Agreement, unless otherwise extended by mutual agreement of
the Parties in writing.
The location of the dwellings subject to this Model Home Complex Agreement is lot specific and
the approvals granted herein shall not be transferable between lots. This limitation, however,
does not preclude the City and property owner from amending this Agreement, in writing, to
establish alternative location(s) for the Model Home Complex, or individual dwellings within a
Model Home Complex.
A surety, in a form acceptable to the City Manager of the City of Menifee, is herewith provided in
a sum as detailed below for the express purpose of the removal/modifications/reconstruction of
the Model Home Complex as detailed below, shall be provided prior to and as an integral part of
entering into this Agreement. Developer shall notify City of completion of any
removal/modification/reconstruction undertaken pursuant to the terms of this Agreement and
City shall inspect and review the Model Home Complex within thirty (30) days of receipt of such
notification. If the City determines and is satisfied that Developer has removed, amended,
modified or reconstructed, or caused the removal, amendment, modification or reconstruction of
the individual dwellings within the Model Home Complex to the level and degree necessary to
ensure that such structures are clearly identifiable as typical homes within the surrounding
neighborhood of the dwelling units, any surety, cash deposit or release of bonds in the
possession of the City directly associated with the individual dwellings within the Model Home
Complex following such removal, amendment, modification or reconstruction shall be returned
to the undersigned within thirty (30) days of the written notification by the property owner or
his/her representative of the completion of such work.
If the property owner, or a representative, or agent thereof, fails to remove, amend, modify or
reconstruct, or cause the removal, amendment, modification or reconstruction of the individual
dwellings within the Model Home Complex to the satisfaction of the City, the undersigned
authorizes the City, its employees, representatives or agents, to enter the property, physically
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
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Model Home Complex Agreement for TR30142-2 (PP 2017-088)
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. 30142-2:
Lot No.136— Plan No. (N/A) Parking Lot
Lot No. 137— Plan No. 2B
Lot No. 138 — Plan No. 5CR
Lot No. 139— Plan No. 6AR
Lot No. 140— Plan No. 8BR
Itemized list of removal, amendment, modification or reconstruction required by this Agreement
and associated anticipated costs for surety purposes:
1. Removal of all model home signage; $300.00
2. Removal of parking lots; $5,000.00
3. Cleanup of any painted curbs; $100.00
4. Removal of sales office; $10,000.00
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Model Home Complex Agreement for TR30142-2 (PP 2017-088)
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 'TR30142-2 (PP 2017-088)
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RE Corporation
("Developer")
Dated: By (,
(Signature for President or other Category-1 Officer)
Go 1Jl fT�s VA
(Print Name)
(Title)
Dated: ' oZ By
( atur or ecretary or other Category 2 Officer)
L ✓'/' Lid,
(Print Name)(
(Title)
CITY OF MENIFEE
("City")
Dated: By
Cheryl K' z row
CommuMty Development Director
Appr ved as to Form:
r T. Melching
City Attorney
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