2018/03/01 Lennar Homes of California, Inc. TR 37179 - APN 360-850-021CITY OF MENIFEE
Community Development Department
Building Agreement for Unrecorded Tract Map
(Tract No. 37179)
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. 37179
The property is located within APN 360-850-021 at the southwest corner of Civic Plaza and Park
Plaza Drive and has a Land Use and zoning designation of Specific Plan (Town Center Specific
Plan). The property is within the City of Menifee and is the property of Lennar Homes of California,
Inc. ("Developer"). 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 Menifee Municipal Code, Chapter 9.43.
Developer is proposing to construct four (4) model homes and associated facilities for the display
of home product type and the sale of homes (sales office use) in the as yet, unrecorded Tract No.
37179. Developer agrees to remove all of the model homes on, or before March 1, 2019 if Tract
Map No. 37179 is not recorded by said date. However, if prior to March 1, 2019, Developer
obtains all City approvals to convert the model homes into single family dwellings with
accompanying second units, as permitted by the Menifee Municipal Code, 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 $40,000.00 (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. 37179 is not recorded on or before March 1, 2019, 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 second units. Any and all
costs, including any fees from agencies other than the City, including attorney fees, for said
demolition which exceed the $40,000.00 surety shall be reimbursed by Developer to the City of
Menifee within thirty (30) days of such demolition. A Certificate of Occupancy, nor Final Inspection
shall be issued or conducted upon the dwelling and Accessory Dwelling Unit until such
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. 37179 shall be returned to
Developer within thirty (30) days of the date the City receives written verification of said
recordation.
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 ("Indemnified 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 ("Indemnitors"), or arising from Developer's
reckless or willful misconduct, or arising from Developer's or Indemnitors' 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.
In 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 the 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 on the following page, within the yet to be recorded
Tract 37179.
Lot No. 30-31 Plan No. (N/A) Parking Lot
Lot No. 32 — Plan 1AL
Lot No. 33 — Plan 2CL
Lot No. 34 — Plan 4DR
Lot No. 35 — Plan 361-
(Name) Signature, (Title)
(Company Name if a corporation)
("Developer")
Dated: d/M By
r
(Signature for President or other Category 1 Officer)
(Print Name)
Via -Pr ides J-
(Title)
Dated: By
(Signature for Secretary or other Category 2 Officer)
nieiry—[7rye.s
(Print Name)
V Icf— -W e sl i.P,Y&
(Title)
CITY OF MENIFEE
("City")
Dated: JCD By M��"
Cheryl`f zerow v
Community Development Director
Approved as to Form:
Jeffrey T. Melching
City Attorney
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF Riverside )
On February 21, 2018 before me, Amy R. Williams Notary
Date Insert Name and Title of the officer
Public, personally appeared Geoffrey Smith
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(-;� whose name(x) is/aDw
subscribed to the within instrument and acknowledged to me that he/sb�*k" executed the same in
hi~ it authorized capacity(km), and that by his iK signature(x) on the instrument the
person(, or the entity upon behalf of which the person(x) 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.
Signature:�/
:°emu AMYR. WIL11"S
�. ,� Commission 10 206d397
' Notary Pubfic - California Z
Q Riverside County
Comm. E ires r 13, 2018 r
---------- ---------------------------------------- -------- OPTIONAL -----------------------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to an unintended document.
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)
Signers Name:
❑ Corporate Officer—Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signers Name:
❑ Corporate Officer—Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing: Signer is Representing:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF Riverside }
On February 21, 2018 before me, Amy R. Williams Notary
Date Insert Name and Title of the officer
Public, personally appeared Mark Torres
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ZYZ
subscribed to the within instrument and acknowledged to me that het&X5AkM qc executed the same in
his/,h tK-4r authorized capacitypigs), and that by his y"Y signaturet4 on the instrument the
person(, or the entity upon behalf of which the person(4 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.
AMY R. WILLIAMS
�Commiosion r,• 2064397
a r , Notary Public - California
Z ' Riversido County v
1 9 My Comm. Ex ires Apr 13, 2010�
Signature:
----------------------Z------------------------------------- OPTIONAL -----------------------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to on unintended document.
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)
Signers Name:
❑ Corporate Officer — Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing:
Signers Name:
❑ Corporate Officer — Titles)
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing: