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.