2021/04/28 KB Home Coastal, Inc. TR 29835-2 Building AgreementCITY OF MENIFEE
Gommunity Development Department
Building Agreement for Unrecorded Tract Map
(Tract No.29835-2)
THE FOLLOWING IS AGREED TO FOR THE CONSIDERATION IN ISSUING
BUILDING PERMITS FOR THE DWELLINGS LISTED BELOW, DWELLINGS TO BE
BUILT WITHIN A MODEL HOME COMPLEX PRIOR TO THE FORMAL
RECORDATION OF TRACT NO. 29835.2
The property is within the City of Menifee ("City") and is owned by KB Home Coastal, lnc. a
California Corporation ("Developer"). The property is located at APN(s) 333-070-030 and 333-
070-031 located north of McCall Boulevard, south of Rouse Road, and east of Antelope Road,
west of Palomar Road and has a zoning designation of Planned Development Overlay (PDO-1)
and a mixed Land Use of 2.1-5 du/ac Residential (2.1-5 R), 5.1-8 du/acre Residential (5.1-8R)
and Rural Residential 5 acre minimum (RR5) per the City of Menifee's General Plan. Such zoning
and General Plan designation allows the construction of one (1) single family dwelling per
recorded lot, with a subordinate second residential unit under the provisions of "Accessory
Dwelling Units" as defined by State Law and the City of Menifee Municipal Code. The Developer
is proposing to construct two (2) model homes and associated facilities (temporary parking lot,
sales office) for the display of home product type and the sale of homes in the as yet unrecorded
Tract No. 29835-2. The Developer agrees to remove all of the model homes and associated
facilities (including parking lot) within one year (April 8,202'l) of the approval of this agreement if
Tract Map No. 29835-2 is not recorded by said date. However, if prior to April 8, 2021, the
Developer obtains all City approvals to convert the model homes into single family dwellings with
accompanying Accessory Dwelling Units, as permitted by the City of Menifee Municipal Code, the
Developer may convert the model homes.
A surety, in a form acceptable to the City Manager of the City of Menifee, is herewith provided in
the sum of $20,000.00 (amount at $10,000.00 per model home to be removed), which is provided,
and Developer authorizes the City of Menifee, its employees, representatives or agents, to enter
the property/tract, physically demolish and remove all model homes per recorded lot if Tract Map
No. 29835-2 is not recorded on or before Apr'n 8,2021, if Developer has not already caused such
removal by this date or Developer has not obtained all appropriate approvals to have the model
homes converted into single family dwellings and/or accompanying Accessory Dwelling Units.
DocuSign Envelope ID: 48330432-C192-4226-ACC4-3B07513407E0
It is understood and agreed that all physical public infrastructure improvements required for the
safe ingress and egress to the model homes 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 homes to the public. Developer shall assure the physical safety of customers/clients
that may visit the model homes 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 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.
No Certificate of Occupancy shall be requested or granted prior to recordation of the map. A
temporary Certificate of Occupancy may be issued to allow the furnishing, preparation work for
display and display 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 ("lndemnified 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 ("lndemnitors"), or arising from Developer's
reckless or willful misconduct, or arising from Developer's or lndemnitors' 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.
Any and all costs, including any fees from agencies other than the City, including aftorney fees,
for said demolition which exceed the $20,000.00 surety shall be reimbursed by Developer to the
City of Menifee within thirty (30) days of such demolition. A Certificate of Occupancy, nor Final
lnspection shall be issued or conducted upon the dwelling and Accessory Dwelling Unit 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 for the above noted dwellings shall be
returned to Developer within thirty (30) days of the demolition noted. Any surety, cash deposit or
release of bonds in the position of the City following the recordation of Tract Map No. 29835-2
shall be returned to Developer within thirty (30) days of the date the City receives written
verification of said recordation.
DocuSign Envelope ID: 48330432-C192-4226-ACC4-3B07513407E0
ln 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 lhe 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.
This Agreement shall be binding upon the heirs, executors, administrators, successors, and
assigns of the Parties.
This Agreement is in reference to the lots listed below within the yet to be recorded Tract 29835-
2.
Lot No. 5 -
Lot No. 4 -
Lot No. 3 -
Plan 3C
Plan 28
Plan No. (N/A) Parking Lot
KB Home Coastal, lnc.
("Develope/')
Dated:t2 202 |By
(Signature for President or other Category 1 Officer)
5<"1-f
(Print Name)
?. For,^:C*vp
(Title)
oDn
DocuSign Envelope ID: 48330432-C192-4226-ACC4-3B07513407E0
Dated:
CIry OF MENIFEE
("City")
Dated
Approved as to Form:
LoLl By
>l By
(Signature for Secretary or other Category 2 Officer)
v<rrrl€lI L",,1[r ov^S
(Print Name)
D,r Fa'.r,ovo Ptann, ",
(Title)
Cheryl Kitze
Community Development Director
Jeffrey T. Melching
City Attorney
DocuSign Envelope ID: 48330432-C192-4226-ACC4-3B07513407E0