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2019/05/30 Lennar Homes of California, Inc. Tract 34406-6 Model Home Complex Agreemetn "Chelsea"CITY OF MENIFEE Planning Division Community Development Department tVlodel Home Complex Agreement for Chelsea, Hampton and Rockport within Tract Map No. 34406-6 "Chelsea" This agreement ("Agreement") is made this ?O oay ot trl0r,l 2019, by and behveen the City oi Menifee ('iCity") ana Lennar Homes of California -lndl 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 L to this Agreement on property located as, Lot 3 - Plan 2CR Cottage, Lot 4 - Plan 38 ltalianate, Lot 5 - Plan 4AR Tuscan (Models Homes for Hampton), Lot 63 - Plan 1A Spanish, Lot 64 - Plan 38 Craftsman, Lot 65 - Plan 4DR Cottage (Model Homes for Chelsea), Lot 59 - Plan 3D Cottage, Lot 60 - Plan 2AR Spanish, Lot 6'1 - Plan 48 Craftsman (Rockport), a sales trailer on Lot 2 (Sales Pavilion) and Lot 1 (Parking Lot) of Tract No. 34406-6 (APNS 333-170-10, -75, -77, -79 and 333-180-028), within Tract No. 34406-6 (the "Tract" or "Tract Map") upon completion of the terms and conditions set forth in this Agreement. The Tract is presently zoned Planning Area 18 of the Menifee Valley Ranch Specific Plan (Specific Plan No. 301) and has a General Plan land use of Planning Area 18 of the Menifee Valley Ranch Specific Plan (Specific Plan No. 301). 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 one (1) sales trailer, which 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 Model Home Complex Agreement for Tract No. 34406-6 (TR34406-6) 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 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 si),ty (60) days from the close of escrow of the final (production) dwelling sold by Developer within Tract No. 34406-6, 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 the trailer operating as the sales office, 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. ln 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 lhirty (30) days of receipt of such notification. lf 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. Page 2 of 5 Model Home Complex Agreement for Tract No. 34406-6 (TR34406-6) lf 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 attorney fees, for said removal, amendment, modification or reconstruction shall be deducted from the surety noted above and written nolice 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 lnspection 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 lnspection 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. ln 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. Page 3 of 5 Model Home Complex Agreement for Tract No. 34406-6 (TR34406-6) This agreement is in reference to the lots and dwellings constructed thereon, listed below within Tract No. 34406-6: Model Homes for Hampton Lot 3 - Plan 2CR Cottage Lot 4 - Plan 3B ltalianate Lot 5 - Plan 4AR Tuscan Model Homes for Chelsea Lot 63 - Plan 1A Spanish Lot 64 - Plan 38 Craftsman Lot 65 - Plan 4DR Cottage Sales Pavilion Lotl-ParkingLot Lot2-SalesTrailer Model Homes for Rockport Lot 59 - Plan 3D Cottage Lot 60 - Plan 2AR Spanish Lot 61 - Plan 48 Craftsman Itemized list of removal, amendment, modification or reconstruction required by this Agreement and associated anticipated costs for surety purposes: 1. Removal of parking lot; $5,000.002. Clean up of any painted curbs; $100.00 + $50 (Rockport) 3. Removal of sales office; $10,000.004. Removal of all other ancillary items not incidental of a typical single-family resident unit. $'15.600 00 + $7,800 (Rockport) Page 4 of 5 Total: $38.550 Model Home Complex Agreement for Tract No. 34406-6 (TR34406-6) This Agreement represents the full and entire agreement of the parties and shall be effective as of the date first set forth above. Lennar Homes of California lnc. ("Developer") Dared: ahvln Dated CITY OF MENIFEE ("city') Dated:5 [7"] A By App tng City Attorney (sisnature for President or other Category 1 Officer) 0caff srn,+rn r1,/tlu (Title) (Signature for Secretary or other Category 2 Officer) (Print Name) (Title) Cheryl Ki Commun evelopment Director By By t7 Page 5 of 5 ---?Z>- (Print Name) as to Form: uorlellossv ^reloN lpuorreN 1!OZO :oulluasardad sl jau6lS 6u[uasa]dau st Jau6tS /oleruasuo] lo uelplPng tr lf,eJ u! ^surouv O lerau .--:sa6gd,o JoquJnN )llqnd irDtoN lo a9 tr pauul1 tr -.iauued D:(s)aluf - iatrUJO alerodrof tr og tr Pellul11 o -rauled tr:(s)alilj - ialu+O atelodroC tr :Jaqlo o aalsnlf tr tenpntpul D aLue11 s,tau6r5 roleruasu0l Jo uelpjeng trpeJ ul ^eurollv tr :raqlo tr aolsnjl tr lenp!^tpul tr :aleo luaunf,oo lelau :auJeN s,lauOtS (s)rau6!5 ^g paurtel, (s3l)^lpedEC :o^oqv pau]eN ueLl.L taqlo (s)lau6ls :luotlntoo Jo edAI lo alltl luaurnfoo paqreDv ro uolldlrJ8ao . luaun)op papualulun uD ol wJo! s l|!O luawq)owal ruAFpnD41o ruaLrlnrop aqr jo uolrDrerD )atep uot uonoruiolu, qql'auiiiiic lVNOtIdo aJnleu0tS a\oqv duots lonuo rc.as fuotoN arold 'leas lellgo pue pueq IuJ SSJNI1M l3aJlof, pue an]l sr qdet6eted _ou-looaroJ aqt teLll eruJolllp3 Jo slels aql Jo s^ elaql rapun AUnfUld JO /\l-lvNld rapun ,g;par j ZaoZ t I qal sarrdxl rlurof l!,v 9680tZa r uorrsrLrJUo)Iluno) apr5rB^U eruror!Pf -lrtqnd fup)oN vHlV lloor ,!rrua aq1:oJrfuoled luaUlnlFUt aqlaql luauJnJlsur aql uo,lsraJnleu palnraxa ,pape l4uors :pglueqTsrq Iq 1e osJad aql qrlq^ lolleqaq uodn a pequ lliLllJ€l.l/sll.l !r eu)sqns af lst ylauijeu es aL0 pem3axa ^oqlegs/aasoqn (r)uoslad aql aq ol qt pue '(grdllDsd ef pazrJoLllne Li leql au ol paopelMou Itre pue luaujn.,lsu! u!ql^ eql olaf,uap!^a fuopels0es lo slseq aql uo eul 01 pa^ord oq,u (srau66 lo (s)awDN ra)uo aql to puD uasu/.)t / pareadde Illeuosjed aloo 3 ar oleq uo o? el lec lo alets VLIff Jo un 68ll E 3(,0f, lt^tf,l 3lroqltllor{xcv rs@und-.rIv vDtuoJtrvs 'luaurnlop leqt io JOIl!p!te^',{relnlle 'ssaulnlqlntl louaql pue 'paqlelle sl alellltual slqt olluaunlopqllqMaqlpeuOrsoqm0l.lllenpr^rput jo Illluapl Iluoaql saura^alelrlual slql 6u[alduo:loralrll0reqlo :rlqnd &e1ou Vkr@rEt CALATLANTIC GROUP, INC. CERTIFICATII OF INCUMBENCY MAY 17,2018 The undersigned, Mark Sustan4 as the duly elected, qualified and acting Secretary of CalAtlantic Group, Inc., a Delaware corporation (the "Corporation"), hereby certifies that: IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalfofthe Company effective as ofthe date first written above. Mark Sustana STATE OF FLORIDA COUN I'Y OF MIAMI.DADE Sworn to and subscribed before me this l Tth day of May 2018, by Mark Sustana, Secretary of CalAtlantic Group, Inc., a Delaware corporation, on behalf of the Company. He is personally known to me and did not take an oath. N LIC State of Florida vlcl{ RtvERo MY COMMISSION ' GG O94E+O - EXP|RES. Alsust l uonOeO nru UrarypU*c 4,2021 Geoff Smith is a duly elected, qualified and acting Authorized Agent of the Corporation, serving continuously in such capacity since his election on February 13, 201 8. He is incumbent in such office as of the date hereof and is authorized to deliver and execute purchase and sale contracts between the Corporation and new home purchasers, deeds, settlement statements, affrdavits, certificates, and any other necessary documents including bond agreements.