2018/01/04 Brookfield Homes Southern California, LLC TM 36485-2 Planning Area 19 Audie Murphy RanchCITY OF MENIFEE
Planning Division
Community Development Department
lVodel Home ComPlex Agreement for
Tract tMap No. 36485-2 Planning Area 19
Audie tVurphy Ranch
This agreement ("Agreement") is made this 4 E day of 5 ''.- rn-'1 , 2018, by and
between the City of lrilenifee ("City") and Brookfield Homes Southetir California, LLC,
("Developef') (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
"l\,4odei Home Complex") as set forth on Exhibit A to this Agreement on property located as Lots
4 through 7 of Tract No. 36485-2 (APN 35e-070-008), Planning Area 19 upon completion of the
terms and conditions set forth in this Agreement.
The Tract is presently zoned Specific Plan (Audie [r,4urphy Ranch, Planning Area No. 19). The
Property's land use designation under the General Plan is the Audie tr/urphy Ranch Specific
Plan Planning Area No. 19. The property is within the City of lr/enifee and is the property of the
Brookfield Homes. 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 tr,4ap as provided under the State of California Subdivision Map Act. Because the t\ilodel
Home Complex will contain dwellings that possess atypical features from those of a standard
home and the one (1) additional model home 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 l/odel 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 customersi clients that may visit the lvlodel 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 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.
remove, amend, modify or reconstruct, the dwellings within the tt4odel Home complex to a leveland degree necessary to ensure compliance with the terms of this Agreement. Any and allcosts incurred -by the city, incruding any fees from agencies other tlhan the city, incrudingattorney fees, for said removal, amendment, modificatiJn or reconstruction shall be deductedfrom the surety noted above and written notice thereof provided to the property owner. Anycosts. incurred by the City in exce_ss of the surety established herein and on file with the Cityshall be reimbursed to the City_ within thirty (30) days of the written notificatron to the propertyowner of the completion of such work. Neither a Certificate of Occupancy nor Final lnspectionshall be issued or conducted upon the dwellings subject to this lv;del Home complexAgreement until such reimbursement has been provided tb tne city. Any excess surely, cashdeposit or release of bonds still in the position of the city following any iemoval, amendment,modification or reconstruction of the above noted dwellingi shall be retuined to the undersignedwithin thirty (30) days of the completion of such work.
No Certificate of Occupancy or Final Inspection shall be requested or granted for any individualdwelling subject to this lr,4oder Home comprex Agreement prior td the converion of thedwellings within the lVlodel Home complex until such time as the dwellings are removed,amended, modified or reconstructed, as identified herein. A temporary Certificate of Occupancymay be issued to allow the furnishing, preparation of work for display, display and use as officespace of the lvlodel Homes to potential buyers.
The Developer shall indemnify, protect, defend and hold harmless, the city and any agency orinstrumentality thereof, and/or any of its officers, employees and agents from any ani aii claims,actions, demands and liabilities arising or alleged to arise as
-ihe result of the applicant,sperformance. or failure to perform under this agreement, or from any proceedings against orbrought against the city, or any agency or instrumentality thereof, or any of iheir"officers,employees and agents, to attack, set aside, void, annul, or seek monetary damages resultingfrom an action by the City, or any agency or instrumentality thereof, adviiory "g6n"y, appeatboard or legislative body including actions approved by the voters of the city, c6nceining thisagreement.
In compliance with the above, the Developer shall reimburse the city, its agents, officers oremployees for any judgment, court costs and attorney's fees which the city, iti agents, officersor employees may be required to pay as a result of such action. The bity miy, in its solediscretion, participate at its own expense in the defense of any such action, but suchparticipation shall not relieve the undersigned of its obligations under this requirement.
Model Home Complex Agreement for pp 20.17-360 Tract No. 364B5_2. pA 19
This agreement is in reference to the lots and dwellings constructed thereon, listed below withinTract No. 36485-2 Planninq Area 19:
Lot No. 4 - Plan 38 (Farmhouse)
Lot No. 5 - Plan 2A (Spanish)
Lot No. 6 - Plan 1C (Ranch)
Lot No. 7 - Parking Lot
Itemized list of removal, amendment, modification or reconstruction required by this Agreement
and associated anticipated costs for surety purposes:
1. Removal of all model home signage; $300.002. Removal of parking lots; 95,000.00
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Model Home Complex Agreement for PP 2017-360 Tract No. 36485-2, PA 19
3. Clean up ofany painted curbs; $100.004. Removal of sales officei $10,000.005. Removal of all other ancillary items not incidental of a typical single-family resident unit.
$1s,600.00
Total: $31,000
This Agreement represents the full and entire agreement of the parties and shall be effective as
of the date first set forth above.
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IVlodel Home Complex Agreement for pp 20.17-360 Tract No. 364g5_2, pA 19
Brookfield Homes
("Developer'')
Dated t' lo'tb By
(s nature for President or other Category 1 Officer)
N t C,o.ra Bveo<-rrz
(Print Name)
9v?
(Title)
Dated:h By
(Signature or other Category 2 Officer)e
To,^P "^^ 1,-<-
(Print Name)
5r.D ;,-cla r
Iitle)
CIry OF MENIFEE('cit/)
Dated 3
Approved as to Form:
Ajit Th nd
City Attorney
Cheryl
Commun
By
Director
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