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2021/02/11 Agreement Amendment No. 1 - KB Home Coastal, Inc.DocuSign Envelope lD: F90BA16A-EgA0-43EC-AEE0-3EFA7C8FDB8A 2.2. Exhibit C: Exhibit C to the Development Agreement shall be replaced with the Exhibit C hereto. 2.3. County Public Facilities Fee: From and after the Effective Date of this First amendment, the term "County Public Facilities Fee" shall be stricken from, and shall have no further application under, the Development Agreement and its Exhibits. 2.4, Section 6.2 Term: The Development Agreement is hereby amended from a period of ten (10) years to a period of fifteen (15) years, thereby amending the termination date of the Development Agreement from March 2,2020, to March 2,2025. 2.5. Section 7.2 Fees and Exactions. Section 7.2 of the Develo pment Agreement is hereby amended to read in full as follows: "As consideration for the Civic Site Conveyance, City hereby agrees that all lots within TTM 30142 shall be entitled to receive the Development lmpact Fee Reductions (as applicable for the time periods described in Recital G). Protection from any increases in any of the City's DIF shall not include increases mandated by the County, the State of California, the federal government, or any other entity that is outside the control of the City. This section shall not be construed to limit the authority of the City to charge Processing Fees." 3. Prevailinq Waqe ln mnitv and Notice to Landowner of Labor Code Section 1781. ln connection with, but without limiting, the indemnification obligations set forth in Section 25 of the Development Agreement, Landowner hereby expressly acknowledges and agrees that the City is not by the Development Agreement and/or this First Amendment affirmatively representing, and has not previously affirmatively represented, to the Landowner or any contracto(s) of Landowner for any construction on or development on or adjacent to the Property, in writing or otherwise, in a call for bids or in any agreement or otherwise, that any work to be undertaken on the Property and/or to be undertaken in connection with the development of the Project, as may be referred to in the Development Agreement or construed under the Development Agreement andior this First Amendment, is nota "public work," as defined in Section 1720 of lhe Labor Code, or under any similar existing or hereinafter enacted law or regulation, or that such work qualifies for one of the exceptions set forth Section 1720 ot the Labor Code, or under any similar existing or hereinafter enacted law or regulation. The Parties agree that, in connection with the development and construction (as defined by applicable law) of the Project, including, without limitation, any and all public works (as defined by applicable law), Landowner shall bear all risks of payment or non-payment of prevailing wages under California law and/or federal law and/or the implementation of Labor Code Section 1781 , as the same -3- DocuSign Envelope lD: F90BA16A-EgA0-43EC-AEE0-3EFA7C8FDB8A may be amended from time to time, and/or any other similar law. With respect to the foregoing, Landowner shall be solely responsible, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, and labor laws and standards, and City makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the construction of the Project as it may be amended pursuant hereto or otherwise Without limiting the foregoing, Landowner shall indemnify, protect, defend and hold harmless the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, "City Parties"), with counsel reasonably acceptable to City, from and against "increased costs" as defined in California Labor Code Section 1781 (including City's reasonable attorneys' fees, court and litigation costs, and reasonable fees of expert witnesses) in connection with the development or construction (as defined by applicable law) of or on the Property and/or in connection with the development of the Project, that results or arises in any way from (1) noncompliance by Landowner of the requirement, if and to the extent applicable, to pay federal or state prevailing wages and hire apprentices; or (2) failure by Landowner to provide any required disclosure or identification as required by California Labor Code Sections '1720 el seq. including without limitation specifically Section 1781 , as the same may be amended from time to time. The foregoing indemnity shall survive the expiration or earlier termination of the Development Agreement as amended by this First Amendment. 4. lndemnification Procedures. Wherever the Develo pment Agreement and/or this First Amendment requires Landowner to indemnify any City Party: 4.1.Prompt Notice. City shall promptly notify Landowner in writing of any claim, demand, administrative action, or action at law or equity based on a loss, liability, fine, penalty, forfeiture, cost, and/or in damage (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, property damage, and statutory claims or damages [including, without limitation, under Labor Code section 1720 et seql) that is alleged to have arisen out of or is in any way related to (1) the approval of the Development Agreement and/or this First Amendment and/or the Project Approvals; (2) and development or use of the Property under the Development Agreement and/or the First Amendment and/or the Project Approvals, and (3) any actions or inactions by the Landowner or its contractors, subcontractors, agents, or employees in connection with the construction or improvement of the Property and the Project, including off-site Public lmprovements (collectively, a "Claim"). -4- OocuSign Envelope lD: F90BA'l6A-EgAo-43EC-AEE0-3EFA7C8FDB8A 4.3. Settlement Any settlement shall require the prior written consent of both Cityand Landowner, which consent shall not be unreasonably withheld if the settlement is objectively financially reasonable. 5. Challenqe to Enforceabil itv of Soecifi Obliqations. lf a court of com petent jurisdiction finds invalid or unenforceable any provision of the Development Agreement of this First Amendment that purports to supersede or otherwise render ineffectual any federal, state, or local law, Landowner shall perform its obligations under such law or regulation (or shall perform as otherwise specifically directed by a court of competent jurisdiction), and the Development Agreement and this First Amendment shall otherwise remain in full force and effect. 6. Effective Date of this First Amendment: The Effective Date of this First Amendment shall be March 2, 2020, and any City's DIF paid by Landowner between March 2,2020, and the date this First Amendment is executed that is above and beyond what which is agreed to in this First Amendment shall be refunded by the City. 7. Terms of Develo pment reem ent. Exce pt as modified by this First Amendment, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 8. Counterparts. This First Amendment ma y be executed in counterparts, each of which when executed and delivered shall be deemed to be an original and all such counterparts together, shall constitute one and the same instrument. [signatures on next page] -5- 4.2.Cooperation. City shall reasonably cooperate with Landowner's defense, provided Landowner reimburses City for actual reasonable out of pocket expenses (including reasonable attorneys' fees and costs) of such cooperation. DocuSign Envelop€ lO: F90BA16A-E9A0-43EC-AEE0-3EFA7CEFDB8A lN WITNESS WHEREOF, City and Landowner have executed this First Amendment on the day and year set forth in the preamble above. "City" CITY OF MENIFEE, a California city ATTEST: GffiI'**'*, Sarah A. Manwaring, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP s4* Armando . Villa, City Manager KB HOME COASTAL lNC., a California corporation By:?.> John P. Fenn, President By t fitton^ut ing, City Attorney -6- DocuSign Envelope lD: F90BA'l6A-E9A043EC-AEE0-3EFA7C8FDB6A EXHIBIT C COMPLETE LIST OF CITY'S DEVELOPMENT IMPACT FEES (REPLACING EXHIBIT C TO DEVELOPMENT AGREEMENT) OocuSign Envelope lD: F90BA16A-EgAo-43EC-AEE0-3EFA7C8FDB8A Exhibit "C" MENIFEE DIF FEE SCHEDULE - ADOPTED DECEMBER 6, 2017 RESIDENTIAT FEES EFFECTIVE JULY 1, 2018 (PER DWETTING UNIT} Fee gU[SidC MDP South/Encanto Drive SD zones Fee w/in Enca nto Drive SD zone Fee y4fu MDP South zone Single Family Unit*s 7,803 S 8,839 s 10,089 Multi-Family Unit*S s,sat s 5,L37 S 6,82s Accessory Dwelling Unit+S 3,s10 s 4,080 5 4,768 Senior / Assisted Livingr s 3,020 s 3,sso 5 4,278 NON.RESIDENTIAT FEES EFFECTIVE 5()% of the Maximum Justified Fee JULY 1, 2O18.JUNE 30.2019 (PER 1,000 St) Fee w/in Encanto SD Area Retail commercial 5 4,306.00 s 4,673.s0 S s,u7.so Service Commercial s 3,s4s.s0 s 3,67s.00 S 3,831.00 lndustrial/Business Park s 2,183.00 s 2,39s.s0 s 2,5s1.s0 NON.RESIDENTIAT FEES EFFECTIVE JUTY 1 ,20L9 (PER 1,000 SF) 100% of the Maximum Justified Fee Fee outside MDP South/Encanto SD areas Fee w/in MDP South Area Retail Commercial s 8,512 5 9,347 S 10,23s Service Commercial s 7,0s1 S 7,3s0 s 7,662 lndustrial/Business Park S 4,366 s 4,791 s s,303 *lf subject to Quimby subtract Parks Land Acquisition Fee shown in Table E.1 below. Fee outside MDP South/Encanto SD areas Fee w/in MDP South Area Fee w/in Encanto SD Area DocuSign Envelope lD: F90BA'1 6A-E9A0-43Ec-AEE0-3EFA7C8FDB8A Figure 1: lVlenifee Storm Drain Fee Zones I ! Encanto orive zone Salt CreeI Channel Zone No Fee Zone Murrieto Cre6k Warm Springs valley Zone _ r Honleland / RontolSnd Line A - Zone I MDP South Benefit Zone li. L t_ t-hfi ' \ { I lLegend ! corntr Fee zone Boundaries I I 1 i, x l- !i-- _l I t1Ji Tabh E,1 : Maximum Justmed act Fee Summa Land Ut Law Enrorccmrnt Firc Animal Gcncral Public lJse 1 Shelter Govcrnmcnt Facilities Ma$or Planning Parks. and i'lexus Library lm ments Ana Facilities Storm Parks. Land Total . Maximum Ju$ified o a m F-tl @ m t motmm m.I o .I E @ S Circulation orai &lf,df,ilal.Fftr.rf,Dt]f//1/IoLm Sit$ Famly tlil S Mdlibrity Urit Accosssy Drellru Ur*t Sgiori Assbld Ut.irE l.lmre$der d , Fee rer ,.00 So. Ft CfirHcid / Rd{il S Conmscd / S€ ce / olcs hdAtdd / &6inoss M 2,m s 148 S 1,021 $ 1,258 1m h2 1,258 n 532 1,258 5i 398 z31 S 169 tm 89 151 S 113 m 5S S 215 S 1S 113 84 233 11 12 0 0,08,q 6,825 4,768 4,278 s 10,235 7.662 5.303 614 452 320 239 428 560 m8 s s 4,6m s 3J61 1,878 1,m2 661 487 w t\E1 S 66 48 u 26 7t n SS7,n6 $ 5,9{6 3,S4t 1,623 S 1A Stl lms7s 262 $ u2 t21 S 5$ 6 2 FGe slDr n for l,ffSqrh 8€nefl Ar0a S€e labh 6.5|q hcatto Benelrt Aratf€es Sourccs: Tdh! 3.4. t.5. 5.i.6.5. i r0.7. ll.4 and I2.5.