2019/03/06 Richmond American Homes of Maryland, Inc. Model Home Complex Agreement TM 36485-10 Audie Murphy r.
ENIFE
.d
CITY OF MENIFEE
Planning Division
Community Development Department
Model Home Complex Agreement for
Tract Map No. 36485-10
This agreement ("Agreement") is made this _ �Q day of , 201�by and between the
City of Menifee ("City") and Richmond American Homes of Maryland, Inc., a Maryland
Corporation, ("Developer") (collectively the "Parties") in exchange for good and valuable
consideration receipt of which is hereby acknowledged.
The City agrees to issue Building Permits for a model home complex and associated facilities (the
"Model Home Complex") as set forth on Exhibit L of PP2018-312 to this Agreement on property
located as Lot 3, Lot 4, and Lot 5 (Models) and Lot 2 (Temporary Parking) within Audie Murphy
Ranch Planning Area 9 (APNs 341-270-01 through 06 and 341-271-01 through 037), within Tract
No. 36485-10 (the "Tract" or "Tract Map") upon completion of the terms and conditions set forth
in this Agreement.
The Tract is presently zoned Audie Murphy Ranch Specific Plan No. 209, Planning Area 9
(Medium Density Residential). The Property's land use designation under the General Plan is
Audie Murphy Ranch Specific Plan No. 209, Planning Area 9 (Medium Density Residential). Such
zoning and General Plan designation allows 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. Developer has requested approval to construct
three (3) model homes and associated facilities within the Model Home Complex for the display
of home product types and the sale of homes ("Sales Office") in the Tract. Because the Model
Home Complex will contain dwellings that possess atypical features from those of a standard
home, such as office accommodations, storefront windows instead of garage door, trap fencing,
grass in lieu of a finished driveway, the City agrees to allow construction and operation of such
atypical features under this 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 assure 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
Model Home Complex Agreement for Tract No. 36485-10
constructed in such a manner as to assure the safety of custom erslclients, 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
level and degree necessary to assure that such structures are clearly identifiable as a typical
home within the surrounding neighborhood of the dwelling units upon full occupancy, but in no
case more than six (6) months from the close of escrow from the last dwelling sold by Developer
within Tract No. 36485-10, 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, and shall remove/modify/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 and 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 thirty (30) days from the close of
escrow of the final dwelling 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
the sum of as detailed below for the express purpose of the removal/modifications/reconstruction
of the Model Home Complex as in this Agreement, shall be provided prior to and as an integral
part of entering into this Agreement. Developer shall notify the City of completion of any
removal/modification/reconstruction undertaken pursuant to the terms of this Agreement and the
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
assure 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 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 Developer, 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
Page 2 of 5
Model Home Complex Agreement for Tract No. 36485-10
employees, representatives or agents, to enter the tract, physically remove, amend, modify or
reconstruct, the dwellings within the Model Home Complex to a level and degree necessary to
assure 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
provided by Developer. Any costs incurred by the City in excess of the surety established herein
and on file with the City shall be reimbursed by Developer to the City within thirty (30) days of the
written notification 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.
To the full extent permitted by law, Developer agrees to indemnify, defend, and hold harmless the
City, its officers, employees, agents, and volunteers ("Indemnified Parties") from and against any
and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or
threatened ("Claims or Liabilities") that may be asserted or claimed by any person, firm, or entity
arising out of or in connection with the performance of this Agreement, operations, or activities
provided herein of Developer, its officers, employees, agents, subcontractors, or invitees, or any
individual or entity for which Developer is legally liable ("Indemnors"), or arising from Developer's
reckless or willful misconduct, or arising from Developer's or Indemnors' negligent performance
of or failure to perform any term, provision, covenant, or condition of this Agreement, and in
connection therewith:
Developer shall defend (with counsel selected by City) any action or actions filed in connection
with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith.
Developer will promptly pay any judgment rendered against City, its officers, agents, or
employees for any such Claims or Liabilities arising out of or in connection with the performance
of or failure to perform under this Agreement, operations or activities of Developer hereunder; and
Developer agrees to save and hold City, its officers, agents, and employees harmless therefrom.
In the event City, its officers, agents, or employees is made a party to any action or proceeding
filed or prosecuted against Developer for such damages or other claims arising out of or in
connection with the performance of or failure to perform the Agreement, operation or activities of
Developer hereunder, Developer agrees to pay to City, its officers, agents, or employees, any
and all costs and expenses incurred by City, its officers, agents, or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
Page 3 of 5
Model Home Complex Agreement for Tract No. 36485-10
This Agreement shall be binding upon the heirs, executors, administrators, successors, and
assigns of the Parties.
This Agreement is in reference to the lots, and dwellings constructed thereon, listed below within
Tract No. 36485-10.
Lot No. 5— Plan S600-CR
Lot No. 4 -- Plan S399-BR
Lot No. 3 — Plan S27J-AL
Lot No. 2 — Plan No. (NIA) Temporary Parking
Itemized list of removal, amendment, modification or reconstruction required by this Agreement
and associated anticipated costs for surety purposes.
1. Remove Plans/Irrigation $3,750.00
2. Driveways 53,000
3. Removal of all model home signage; $525.00
4. Removal of parking lots; $6,242.40
5. Clean up of any painted curbs; $391.50
6. Removal of sales office; $10,000.00 (per sales office)
7. Replace garage door $2,499.00
8. Removal Miscellaneous Items $8,000.00
9. Contingency, $3,440.79
Total: $37,848.69 Deposit (Returnable upon proof of completion of all items listed)
This Agreement represents the full and entire agreement of the parties and shall be
effective as of the date first set forth above.
Richmond American Homes of Maryland, Inc.
("Developer")
Dated: 2 By
(Signature for President or other Category 1 Officer)
(Print Name)
�>12 -610ft-
(Title)
Dated: By
(Signature.for Secretary or other Category 2 Officer)
(Print Name)
Page 4 of 5
Model Home Complex Agreement for Tract No. 36485-10
(Title)
CITY OF MENIFEE
("City")
Dated: ? �� By U+O�AW
Cheryl Kitzero
Community D elopment Director
Approv as to Form:
Jeff y VIVIelching
City Attorney
Page 5 of 5
ACKNOWLEDGMENT
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
Countyof
On QD a,� t-DO I `_1 _ before me,
(insert name and title of the officer)
personally appeared III GNax- 100 t' L2-
who proved to me on the basi f satisfactory evidence to be the personO whose name{ isle
subscribed to the within instrument and acknowledged to me that he/s4eAbey executed the same in
is authorized capacity(ieg), and that by his/he4t4eir signature(s) on the instrument the
person(o, or the entity upon behalf of which the person( acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
S. B. MAY
Commission # 2099837
WITNESS my hand and official seal. z Notary Public • California
z Riverside County
My Comm.Expires Mar 11,2019
Signature C1 (Seal)
HUNSAKER
& ASSOCIATES
IRVINE, INC.
Preliminary Cost Estimate for Bonding Purposes
Project Name: VALOR MODEL PRECISE GRADING PLAN, TRACT 36485-10, LOTS 3-5
Location: CITY OF MENIFEE, CALIFORNIA
Type of plan: PRECISE GRADING PLAN
E N R Con st. Index= 11205.74
ITEM IDESCRIPTION QUANTITY I UNIT UNIT PRICEI TOTAL COST
Summary
MODEL SITE DEMOLITION.............................................................. $37,849
GRAND TOTAL............................................................................... $37,849
Prepared by:Jim Tsutsui
949-768-2554 glcost176-36485A Valor Tr, 36485-10 Model Precise Grading Plan Cost.xlsx BOND Date of Plan Plot: 2-18-2019
on 2-19-2019 Page 1 of 2 Printed on_2/19/2019- 1:48 PM
HUNSAKER
& ASSOCIATES
IRVINE, INC.
Preliminary Cost Estimate for Bonding Purposes
Project Name: VALOR MODEL PRECISE GRADING PLAN, TRACT 36485-10, LOTS 3-5
Location: CITY OF MENIFEE, CALIFORNIA
Type of plan: PRECISE GRADING PLAN
ENR Const. Index= 11205.74
ITEM DESCRIPTION QUANTITY I UNIT I UNIT PRICE TOTAL COST
MODEL SITE DEMOLITION
1. REMOVE PLANTS/IRRIGATION 3 EA $1,250.00 $3,750.00
2. DRIVEWAYS 3 EA $1,000.00 $3,000.00
3. REMOVAL OF SIGNAGE 3 EA $175.00 $525.00
4. REMOVAL OF PARKING LOT 3,672 SF $1.70 $6,242.40
5. CLEAN UP PAINTED CURBS 150 LF $2.61 $391.50
6. REMOVE SALES OFFICE 1 LS $10,000.00 $10,000.00
7. REPLACE GARAGE DOOR 3 EA $833.00 $2,499.00
8. REMOVE MISC. ITEMS 4 EA $2,000.00 $8,000.00
SUB-TOTAL MODEL SITE DEMOLITION $34,407.90
CONTINGENCY 10% $3,440.79
TOTAL MODEL SITE DEMOLITION $37,848.69
Prepared by:Jim Tsulsui
949-768-2554 glcost176-36485A Valor Tr.36485-10 Model Precise Grading Plan Cost.xlsx BOND Date of Plan Plot:2-18-2019
on 2-19-2019 Page 2 of 2 Printed on:2/19/2019- 1:48 PM
City of Menifee Invoice No.: 393607
29714 HAUN RD. Invoice Date: 02/20/2019
MENIFEE, CA 92586
MENIFEE MENIFEE
INVOICE
RECORD INFORMATION
Record ID: 2018-312
Record Type: Design Review
Property Address: 391 Main ST,Corona, CA 92879
Description of Work:
Applicant:
FEE DETAIL
Fee Description Quantity Account Number Fee Amount
Supplemental Fees-Deposit 2,500 100-2285 $2,500.00
$2,500.00
AA_Invoice_Tem plate.rpt Print Date:0312612019 Page 1
3126/2019 Show Receipt Detail
RECEIPT
City of Menifee
MENIFEE
29714 HAUN RD.
Menifee. CA 92586
Application:20 18-3 12
Application Type:Planning/Application/Design Review/NA
Address:391 Main ST Corona CA 92879
Receipt No. 520357
Payment Method Ref Number Amount Paid Payment Date Cashier ID Received Comments
Credit Card $2.500.00 03/08/2019 EAGUILAR
Work Description:
https:l/ay.accela.com/portlets/fee/receiptView.do?mode=view&receiptnt)r=520368&module=Planning 112