2020/03/23 Lennar Homes of California, Inc. Model Home Complex Agreement for Tract Map No. 31098 - McCall Mesar-A-T --- �
MENIFEE
New. Better. Best.
29844 Haun Road Menifee, CA 92586
951-672-6777 Fax 951-679-3843
cityofinen ifee. us
Model Home Complex Agreement for
Tract Map No. 31098 — McCall Mesa
This agreement ("Agreement"), made this -A �) F� day of M AP%e V1, 2020 by and between the
City of Menifee ("City") and Lennar Homes of California, Inc. ("Developer") (collectively 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 A to this Agreement on property located as Lot
116 — Plan 7C Italiante, Lot 117 — Plan 6A Spanish, Lot 118 - Plan 5B Craftsman, Lot 123 — Plan
3C Italiante, Lot 124 — Plan 2A Spanish (Sales Office), and Lot 125 — Parking Lot within Tract No.
31098 (the "Tract" or "Tract Map") (APNs 333-070-069, 333-070-070, 333-070-071, 333-070-075,
333-070-080, 333-070-081, and 333-070-082 upon completion of the terms and conditions set
forth in this Agreement.
The Tract is within the City of Menifee and is the property of Lennar Homes of Californian, Inc.
The Tract is presently zoned One Family Dwelling (R-1) and the Property's land use designation
under the General Plan is Residential (2.1-5 R). 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. Developer has requested approval to construct five (5) 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 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.
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 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 thirty (30) days from the close of escrow from the last dwelling sold by Developer
within Tract No. 31098, 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
Model Home Complex Agreement for Tract No. 31098 — McCall Mesa
devices used to direct individuals to the Model Home Complex, remove any parking surface
utilized as a parking lot for the Model Home Complex, and shall remove/modify/reconstruct the
Sales Office to a standard garage, infill any access ways within or 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 residential 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. In 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 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
the sum of ($28,300.00) 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. If 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 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
the possession 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.
If 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 notification of the completion of such work. Neither a Certificate of Occupancy nor Final
Inspection 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,
Page 2 of 5
Model Home Complex Agreement for Tract No. 31098 — McCall Mesa
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 Inspection 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 ("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 ("Indemnors"), or arising from Developer's
reckless or willful misconduct, or arising from Developer's or Indemnors' 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, and dwellings constructed thereon, listed below within
Tract No.31098.
Lot 116 — Plan 7C Italiante
Lot 117 — Plan 6A Spanish
Lot 118 — Plan 5B Craftsman
Lot 123 — Plan 3C Italiante
Lot 124 — Plan 2A Spanish (Sales Office)
Lot 125 — Parking Lot
Page 3 of 5
Model Home Complex Agreement for Tract No. 31098 — McCall Mesa
An Itemized list of removal, amendment, modification or reconstruction required by this
Agreement and associated anticipated costs for surety purposes (following page).
1. Removal of model sales office; $10,000.00
2. Replacement of storefront windows on garage for standard garage door; $2,500.00
3. Removal of parking lots; $5,000.00
4. Removal of all model home signage; $500.00
5. Clean up of any painted curbs; $300.00
6. Removal of all other ancillary items not incidental of a typical single-family resident unit.
$10,000.00
Total: $28,300.00 Deposit (Returnable upon proof of completion of all items listed)
This Agreement represents the full and entire agreement of the parties and shall be
effective as of the date first set forth above.
Page 4 of 5
Model Home Complex Agreement for Tract No. 31098 — McCall Mesa
Lennar Homes of California, Inc.
Dated: O 2 % /20
Dated:
CITY OF MENIFEE
("City")
By
(Signature for President or other Category 1 Officer)
GeciamSVYNJi��
(Print Name)
vice Ce pres-IjeA
(Title)
By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
Dated: By
Cheryl Kitt r w
Comm unit evelopme irector
Approved as to Form:
Jeffrey T. Melching
City Attorney
Page 6 of 5
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
valid4y of that document.
State of California ,� n
County of (�
On I UTAi �V before me, �jj
r
�.
(ins name and title of the f iicer)
personally appeared
who proved to me on the basis of satisfactory eviden a to be the personXwhose nam isJ
subscribed to the within instrument and acknowledged to me that hell MAbey executed the same in
his/her�#heir authorized capacity(, and that by hisllhtefr signaturn the instrument the
' person or the entity upon be alf of which the perso%Wacted, 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.
Public
WITNESS my hand and official seal. ? :� THA
.; Notary PPublic -California
Riverside County n
z * = Commission # 2230896
n,4,
n ra
A My Comm. Expires Feb 11, 2022 Y
Signature
(Seal)