2013/09/24 D.R. Horton Los Angeles Holding Company, Inc. Model Home Complex TR 28206-1 CITY OF MENIFEE
Planning Division
Community Development Department
Model Home Complex Agreement for
Tract Map No. 28206-1
This agreement ("Agreement") is made this 24`" day of September, 2013, by and between the
City of Menifee ("City") and D.R. Horton Los Angeles Holding Company Inc., ("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 at
(APN: 372-502-005, -006, and -007) (31874 Rouge Lane and 28283 and 28297 Sunglow Run
Lane, respectively), known as Lot Nos. 55, 56 and 57 of Tract No. 28206-1 (the "Tract" or"Tract
Map"), respectively, upon completion of the terms and conditions set forth in this Agreement.
The Tract is presently zoned One Family Dwellings (R-1), with a General Plan Designation of
Medium Density Residential (MDR), within the City of Menifee, and is the property of D.R.
Horton. 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. The Developer has
requested approval to construct two (2) 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 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 assure the safety of customers/clients, as well
Model Home Complex Agreement for Tract No. 28206-1
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 ensure 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 previous dwelling sold by
Developer within Tract No. 28206-1, 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
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 $36,900 for the express purpose of the removal/modifications/reconstruction of the
Model Home Complex as detailed below, and which 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
assure 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 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
Page 2 of 4
Model Home Complex Agreement for Tract No. 28206-1
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 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 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 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 approval, 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
approval.
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. 28206-1.
Lot No. 55—(31874 Rouge Lane)—Plan No. (N/A) Parking Lot
Lot No. 56— (28283 Sunglow Run Lane)— Plan No. 3.3114AR
Lot No. 57— (28297 Sunglow Run Lane)—Plan No. 1.2583CR
Itemized list of removal, amendment, modification or reconstruction required by this Agreement
and associated anticipated costs for surety purposes.
1. Removal of plantings and irrigation within the driveways of the 2 remaining units;
$2,500.00
2. Installation of driveways; $4,000.00
Page 3 of 4
Model Home Complex Agreement for Tract No. 28206-1
3. Removal of all model home signage; $300.00
4. Removal of parking lots; $5,000.00
5. Clean up of any painted curbs; $100.00
6. Removal of sales office, Replacement of storefront windows on garage for standard
garage door; $10,000.00
7. Removal of all other ancillary items not incidental of a typical single-family resident unit.
$15,000.00
Total: $36,900 Deposit(Returnable upon proof of completion of all items listed)
This Agreement represents the full and entire agreement of the parties and shall be
effective as of the date first set forth above.
COMPANY NAME I n , CITY OF ME IFEE
BY �L� By
Barbara M. Murakami, Assistant Vice President Robert hnson, City Manager
D.R. Horton Los Angeles Holding Company Inc.
BY Approved as to Form:
Diane Lyttle, Secretary J e ayward iggs, City Attorney
D.R. Horton Los Angeles Holding Company Inc.
Date: L� f 2013 Date 2013
Page 4 of 4
ACKNOWLEDGMENT
State of California
County of Riverside )
on October 1, 2013 before me, Jennifer L. O'Leary, Notary Public
(insert name and title of the officer)
personally appeared Barbara M. Murakami and Diane Lyttle
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware
subscribed to the within instrument and acknowledged to me that 4e/slae/they executed the same in
k s44edtheir authorized capacity(ies), and that by bisdger/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ] JENNI�FER L. O LEARY r
3 Commission# 1001923
Notary Public-California
-
Riverside County
M Comm.Ex Tres Mar 23,2014
Si at a (Seal)
SUBDIVISION BOND
Bond No.CMS269765
KNOW ALL MEN BY THESE PRESENTS,that we D.R. Horton Los Angeles Holding Company Inc.
2280 Wardlow Circle, Suite 100 Corona CA 92880-1794
as Principal,and RLI Insurance Companv
authorized to do business in the State of CA as Surety,are held and firmly bound unto
City of Menifee
as Obligee,in the penal sum of Thirty Six Thousand Nine Hundred Dollars and No Cents
{$ 36,900.00 j DOLLARS,lawful money of
the united States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, D.R. Horton Los Angeles Holding Company Inc.
has agreed to construct in Mosaic
the following improvements: Permit for Model Home Complex-Tract No. 28206-1 - Removal modification &
reconstruction
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cast or
damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full
force and effect.
Signed,scaled and dated this 26th day of September 2013
D.R. Horton kosAngeles Holding Company, Inc.
Principal
By:
RLI In Mnce C pany
By:
Anett Cardinale Attorney-in-Fact
53684fGEEF 2f4a C/O WILLIS OF FLORIDA
0000 BAYPORT DRIVE,#300
TAMPA,FL 33607
INCUIMES:(313)281-2m
California AlF.PurposeAelmowledgesrnent
State of Califo 'a}
County of uj yyy��� p///yyy Z -
On (/L � ® / /A1 before me, D!/ r L . G a Notary Public
personally appeared �QJ__,Q�__// �r�'/`'�/77/
JENNIIFER L. O'LEARY who proved to me on the basis of satisfactory evidence
COmmiss100 S 1881923 to be the persono whose name(4 Wave subscribed to
otary Public-California z the within instrument and acknowledged to me that 4ke/
Riverside County she/they^executed the sane in his/her/their authorized
M�N
Comm.Ex Tres Mar 23,2014 car aci res and that b his/her/their signature(s) on
es ar� P tyC ), y
the instrument the person(s), or the entity upon behalf
-�;uT'-,;° JENNIFER L,O'LEARY r of which the person(s)acted,executed the instrument.
Commisslon N 1881923 s[ 1 certify under PENALTY OF PER.iURY under the laws
w Notary Public.California of the State of California that the foregoing paragraph
Riverside County is true and correct.
�MxC+o�mm�Ex Ires Mar 23,2014
WL SSmy hand and of '4Iseal.
Notary Public Seal totaiyic Sign [ re
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other than Named Above:
Capacity(ies) Claimed by Signer(s)
Q Individual FA Individual
Corporate Officer: U Corporate Officer:
CY Partner- CI Urmited❑General ❑Partner- CI Lhnited❑General
Ci Attorney-in-.Fact ❑Attorney-m-Fact
❑Trustee ❑Trustee
U Guardian or Conservator Q Guardian or Conservator
❑Other: _ D Other:
Signer is Representing: Signer is Representing:_-
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 26th day of September, 2013 before me, personally
came Anett Cardinale, who is personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within Instrument as Attorney-In-Fact
on behalf of RLI Insurance Company, and acknowledged to
me that he/she executed the within instrument on behalf of said
surety company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature �ii' < << - .r,C( ✓i���� 'r` < < '� r�
Marianella Barnola
MARIANELLABARNOLA
' Commission#EE 170165
Expires May 5,2016
:,pF n4•° BontleJ Thm imy Fain lnsuance E0638.....
This area for Official Notarial Seal
RLI® ALfSarety POWER OF ATTORNEY
P.O.Box 3967 1 Peoria,IL 61612-3967
Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company
www.rlicotp.com
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
David H.Carr.Anett Cardinale,Carol H.Hermes,Margaret A.Ginem Linda Horn Eileen C Heard jointly or severally
in the City of Tampa State of Florida its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company,and now in force to-wit:
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 17th day of June 2013
riceO'• RLI Insurance Company
COPOMTp;3t
SEAL ' ' By:
Roy C.Di Vice President
State of Illinois ) I.NO�°;0°�"",,,`
}
County of Peoria J SS
CERTIFICATE
On this 17th day of June 2013 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock
personally appeared Roy C. Die . who being by me duly swom, corporation of the State of Illinois, do hereby certify that the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Company
this 26th day of September 2013
By:
Jacque Le M.Bockler Notary Public RLI Insurance Company
ff
"OFFICIAL SEAL"ACOUELINE M.BOCKLER By:oaaiasioN E%PIRES OYI&1A Roy C.Di Vice President
09359150202/2
A0058707