2023/05/31 Pulte Home Company, LLC TM 36658-2 Cimarron Ridge Pulte HomesMENIFEE .'9844 H.rur't Road Menilcc. CA 92586
9':1-672 6711 Fax 951'679 3843
cityolmenifee.us
Model Home Complex Agreement for
Tract Map No. 36658-2 - "Cimarron Ridge"
Pulte Homes
This agreement ("Agreement''), made this 31 day of Mav , 2023 by and between the City of
Menifee ("City') and Pulte Homes. ("Developel') (collectively the "Parties") in exchange for good
and valuable consideration receipt of which is hereby acknowledged.
The City agrees to issue Building Permits fora model home complex and associated facilities (the
"Model Home Complex") as set forth on Exhibit A to this Agreement on property located in
Planning Area 2 (PA2), east of Goetz Road and west of Valley Parkway. proposes construction
and landscaping of a model home complex located in Cimarron Ridge TR3665B-2 in planning
Area 2 (PA2), east of Goetz Road and west of Valley Parkway. The models will be located within
Lots 1-3 and parking and restrooms on Lot 4. The sales office will be located on Lot 3 within thegarage of the model home. The parking lot will be in lot 4 providing I parking stalls including one
accessible space. The portable restroom including handwashing facility will be located at the rear
of the parking lot. (the "Tract" or "Tract Map") (APNs 335-070-055) upon comptetion of the terms
and conditions set forth in this Agreement.
The Tract is within the City of l\rienifee and is the property of Pulte Homes, The Tract is located
within the cimarron Ridge specific Plan No. 2013-247 Planning Area 2. The specific plan allows
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 three model homes and associated
facilities within the Model Home complex for the display of home product types and the sale ofhomes ("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 accommodalions,
slorefront 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 rn writing as provided hirein and
subject to the requirements and stipulations set forth in this Agreemenl.
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, improvod and accepted public
rights-of-way shall be in place to the satisfaction of the city's Engineering Department, regardlessof 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. whilephasing 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, includingwilhout 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 thelevel and degree necessary to assure that such structures are clearly identifiable as a typical
home within the surrounding neighborhood of the dwelling units upon fult occupancy, but'in no
New. Better. Best.
Model Home Complex Agreement for Tract No. 36658-2 - "Cimarron Ridge" Pulte
Homes
Developer shall remove any trap fencing, all signage or other displays, anraction or directional
devices usod 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/r€construct lhe
Sales Ofiice to a standard garage, infill any accessi ways wilhin or through block walls or fences
to the Model Home Complex, remove any landscaping/associated irr(ration 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, modilic€tion, or reconstruction of tho individual dwellings
within the Model Home Complex shall be completed wlthin thirty (30) days from the close of
€scrow of the final dwelling within the approv€d Tract, or by the close of escrow of any dwelling
within the Model Homo Complex, whichever comes flrsl, unless olherwise mutually agreed in
wriling by and b€tween the City and Developer. ln no case, how€ver, shall the modilications
agre€d to under lhis Agre€ment remain in place beyond three (3) years from the date of this
Agreement, unless othenvise extended by mutual agr€€ment of the Parties in writing.
The location of the dw€llings subiect to this Agreement is lot specific and the approvals granted
h€rein shall not be transferable between lots. This limitation, howevsr, doos not preclude the City
and property owner from amending lhis Agreement, in writing, to establish alternative location(s)
for the Mod€l Home Complex, or individual dwellings within a Modol Home Complsx.
A surety, in a form acceplable to the City Manager ol lh€ City of Menitee, is herewith provided an
the sum of ($19.000'00 for the express purpose of lhe removaUmodifications/r€construction of
the Model Home Complox as ln this Agreement, shall be provided prior to and as an integral part
of ontering into this Agreoment. Developer shall nolify the City of completion of any
removal/modilication/reconstruction undertaken pursuant to the terms of this Agreement and the
City shall inspect and review the Model Homo Complex within lhirty (30) days of receipt of such
notification. lf the City delermines and is satistied that Developer has removed, amended,
modified or reconstructed, or caused the removal, amsndment, modification or reconstruclion of
the individual dwellings within the Model Home Complex to the lovel and degree necessary lo
assure lo assure lhat such slructuros are clearly identifiable as typical homes within the
surrounding neighborhood of the dwelling units , any sursty, cash doposit or release of bonds in
the possession of th€ City direclly associated with the Model Home Complex following such
removal, amendment, modification or reconstruction shall be returned to th€ undersigned within
thirty (30) days of the written notification by the property owner or his/her representative of the
completion of such work.
lf D6v6loper, or s representalive, or agenl thereof, fails to romove, amend, modify or reconstruct.
or cause lhe removal, amsndment, modification or rsconstruction of the individual dwellings within
the Model Home Complex to the satisfaclion of the City, the undersigned authorizes the City, its
employees, representatives or ag€nts, lo ent6r the tract, physically remove, amend, modify or
reconstruct, the dwellings within the Model Home Complex to a lev6l and degree n€cossary to
assure compliance with lhe terms of this Agreement. Any and all costs incuned by the City,
including any fees fmm agencies other than the City, including attomey fees, for said removal,
amendment, modification or reconstruction shall be deducted from the surety noted above and
provided by Developer. Any costs incurred by th6 City in excess of the surety established herein
and on file with the City shall be reimbursed by Developar to the City within thirly (30) days of the
writlen notification of lhe completion of such work. Nellhor a Certificate of Occupancy nor Final
lnsp€ction shall be issu€d or conductod upon th€ dwellings subject to this Model Home Complex
Agreement until such reimbursement has been provided to the City. Any excess surety, cash
Page 2 of 5
Model Home Complex Agreement for Tract No. 36658-2 - "Cimanon Ridge" Pulte
Homes
deposit or release of bonds still in the position of the City following any removal, amendment,
modiflcation or reconstruction of the abov6 noted dwellings shall be retumed to the undersigned
within thirty (30) days of th6 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 Agreoment prior to lhe conversion of the dwellings
within th€ Model Home Complex until such time as the dwellings are removed, amended, modified
or reconstructed, as identified herein. A t€mporary Certificate of Occupancy may be issued to
allow the furnishing, preparation of work for display, display and us€ as office space of the Model
Homes to polential buyErs.
To the full extent permitted by law, Developer agrees to indemnify, defend, and hold harmless the
City, its officers, employeos, agents, and volunteers ('lndemnified Parties") from and against any
and all actions, eilher judicial, administrative, arbitration, or regulatory, damages to persons or
proporty, losses, costs, penalties, obligations, enors, omissions, or liabilities whether actual or
threat€ned ("Claims or Liabilities") that may be asserted or claimed by any person, firm, or enlity
arising out of or in conn€ction with the performanc€ of this Agr€em€nt, op€rations, or activities
provided herein of Developer, its officers, employees, agsnts, subconlractors, or invitees, or any
individual or entity for which Dev6loper 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, covenanl, or condition of this Agr€ement, 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 iudgment r€ndered against City, its officers, agents, or
employees for any such Claims or Liabilities arising out of or in connection with the performance
of or failur€ to p€rform under this Agre€mont, operations or activities oI Developer hereunder; and
Developer agrees to save and hold City, its officers, agents, and employees harmless therefrom.
ln the event City, its oflicers, agents, or €mployees is made a party to any action or proceeding
liled or prosecuted against Dev€loper for such damages or other daims arising out of or in
connection with the performance of or failure to perform the Agreom€nt, oporation or activities of
Developer hereundor, Developer agrees to pay to City, its omcers, agents, or employees, any
and all costs and expenses incuned by City, its officers, agents, or employees in such action or
proceeding, including but not limited to, legal costs and attorneys'fe€s.
This Agreement shall be bindang upon the heirs, execulors, adminislrators, successors, and
assigns of the Parties.
This Agreement is in reference to the lots, and dwollings constructed thereon, listed below within
Tract No.36658-1 .
Lot 1 - 5539 -1 Shelton Elevation D
Lot 2 - 5535 - 1 Oxford Elavation C
Lot 3 - 5525 - 1 Bristol Elevation A
Lot 4 - Parking
Page 3 of 5
Model Home Complex Agreement for Tract No. 36658-2 - "Cimarron Ridge" Pulte
Homes
An ltemized list of removal, amendment. modification or reconslruction requir€d by this
Agreement and associal€d anticipated costs for surety purposes (foltowing page).
Removal of model sales office; S3,000.00
Removal ol parking lot; $5,000.00
Removal of alt model home signage; $500.00
Clean up of any painted curbs; $500 00
Removal of all other ancillary items not incidental of a typical single-family residsnl unit
$1.000 00
Total: 110,000.00 Ooposit (Roturnable upon proof of completaon oI all items llstod)
This Agreement represents the full and entire agreement of the parties and shall be
effective as of the date first set forth above.
1
2
3
4
5
Page 4 of 5
Model Home Complex Agreement for Tract No. 36658-2 - "Cimarron Ridge" Pulte
Homes
Pulte Homes, lnc.
Dated:
re for P ent or olher Category 1 Officeo
.^*i) \he
(Print Name)
V? 85,'.^"..
(Tirle)
Dated By
By
CITY OF MENIFEE
(''City")
(Signature for Secretary or other Category 2 Office4
(Print Neme)
(ritle)
Cheryl
Commun nt Diroctor
Dated 7\tt\2b By
to
[ilelching
ey
Page 5 of 5
t
lEarr
MINOR PLOT PLAN
MODEL HOME COMPLEXfRACf 36658-2 LOTS 1-4
ffi Admlnl.tndv. apprcv.l
Communlly Deveropm.nr Orprnmeni
utud edt 4
e;;;-ffi c--F-anr--+-A-v--
a
t:
@d@rnnn)14
v
_4
Itr
Pr!{!E 19Mt4l Jr(r{.6t __lgq$aiPrffi€ srr"nc ot]L
@ es!g-
hh
::'.---.*
a
v
l-___--
.t