2021/05/26 KB Home Coastal, Inc. TM 29835-3 Model Home ComplexCITY OF MENIFEE
Commun ity Development Department
Model Home Complex Agreement for
Tract Map No. 29835-3
This agreement ("Agreement") is made this 26th day of May 2021 , by and between
the City of Menifee ("City") and KB Home Costal Inc., a California Corporation, ("Developer") (collectavely
the "Parties") in exchange for good and valuable consideration receipt of which is hereby acknowledged.
The City agrees to issue Building Permits for a model home complex and associated facilities (the "Model
Home Complex") as set forth on Exhibit L of Plot Plan No. PLN21-0145 to this Agreement on property
located as Lots 49 & 50 (Models) and Lot 51 (Temporary Parking) of Persano within the Underwood
Development (APN 331-200-027), within approved tentative map 29835-3 (the "Tract" or "Tract Map")
upon completion of the terms and conditions set forth in this Agreement.
The project site is part of a Planned Residential Development (PDO-l). The property's land use
desagnation under the General Plan is 2.1-5 du/ac Residential (2.1-5 R) and Rural Residential 5 Acre
Minimum (RR5). Such zoning and General Plan designation allows the construction and sale of individual
single family dwellings, one per recorded lot, with City approval and recordation of a Tract Map asprovided under the State of California Subdivision Map Act. Developer has requested approval to
construct two (2) model homes and associated facilities within the Model Home Complex for the display
of home product types and the sale of homes ("Sales Office") in the Tract. Because the Model Home
Complex will contain dwellings that possess atypical features from those of a standard home, such as
office accommodations, storefront windows instead of garage door, trap fencing, grass in lieu of a finished
driveway, the City agrees to allow construction and operation of such atypical features under this
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 assure the physical safety of customers/clients that may visit the
Model Home Complex approved under thrs 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.
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 lo assure that such structures are clearly identifiable as a typical home within the
surrounding neighborhood of the dwelling units upon full occupancy, but in no case more than six (6)
months from the close of escrow from the last dwelling sold by Developer within Tract No. 29835-3,
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 io theModel Home Complex, remove any parking surface utilized as a parking lotforthe trrlodel Home Complex,
and shall remove/modify/reconstruct the Sales Office to a standard garage, infill any access ways withinor through block walls or fences to the Model Home Complex, remove any landscaping/associated
irrigation and install City required driveway surfaces where needed, and remove all other ancillary items
atypical of a single-family residentiat dwelling.
The above noted removal, amendment, modification or reconstruction of the individual dwellings within
the Model Home Complex shall be completed within thirty (30) days from the close of escrow of the final
dwelling 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 inplace 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 notpreclude 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 the sum
of as detailed below for the express purpose of the removal/modifications/reconstruction of the Model
Home Complex as in this Agreement, shall be provided prior to and as an integral part of entering into
this Agreement. Developer shall notify the City of completion of any removal/modification/reconstruction
undertaken pursuant to the terms of this Agreement and the City shall inspect and review the Model
Home Complex within thirty (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 assure 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 thepossession of the City directly associated with 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.
lf Developer, 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 tract, physically remove, amend, modify or reconstruct, the
dwellings within the Model Home Complex to a level and degree necessary to assure 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 provided by Developer. Any costs incurred by the
City in excess of the surety established herein and on file with the City shall be reimbursed by Developer
to the City within thirty (30) days of the written notificatjon of the completion of such work. Neither a
Page 2 of 5
Model Home Complex Agreement for Tract No. 29835-3
Model Home Complex Agreement for Tract No. 29835-3
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 reconslruction 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.
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 ("lndemnors"), or arising from Developer's reckless or willful misconduct, or arising from
Developer's or lndemnors' 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.
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 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, and dwellings constructed thereon, listed below within Tract
No.29835-3.
Lot No. 49 - Plan 8C
Lot No. 50 - Plan 3A
Lot No. 51 - Plan No. (N/A) Temporary Parking
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Model Home Complex Agreement for Tract No. 29835-3
Itemized list of removal, amendment, modification or reconstruction required by this Agreement and
associated anticipated costs for surety purposes.
1. Remove Plants/lrrigation $2,500.002. Removal ofall model home signage; $500.003. Removal of driveways and parking lot; $5.000 004. Clean up of any painted curbs; $5005. Removal of sales office; $10.000.00 (per sales office)6. Removal lvftscellaneous ltems $5,000.00
Total: $23,500.00 Deposit (Returnable upon proof of completion of all items listed)
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Model Home Complex Agreement for Tract No. 29835-3
This Agreement represents the full and entire agreement of the parties and shall be effective
as of the date first set forth above.
KB Home Costal lnc.
("Developer")
Dated:May 26,2021 By
(s nature for President or other Category 1 Officer)
Scott Hansen
(Print Name)
VP, Forward Planning
(Title)
Dated By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
(Title)
CITY OF MENIFEE
(,'citY)
Dated By
Cheryl K
Commun Director
AS FormAp
J . Melching
Attorney
Page 5 of 5
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.
On =rb{"b before me,Shannon Luebs, Notary Public,
personally appeared Scott Hansen, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/a+e subscribedto the within instrument and acknowledged to me that he/shelthey
executed the same in his/h€#the+ authorized capacity(ies), and that by
his/he#their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) 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.
SHANNOII TU€8S
Nolary PublE - Cal omra
Rre6,ae Counry
Collvirsson . 2109311
My Conm Er0r6AUg10.2021
hannon Luebs (SEAL)
State of California I
County "t^rr"* ]
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