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Model Home Complex Agreement for
Tract Map No. 31822-2 "Hacienda and Majestic"
This agreement ("Agreement") rs made this ZG day ot faEuap(
City of Menifee ("City") and Pulte Homes Corporation, a California Corporation, ("Developer")
(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
"Model Home Complex") as set forth on Exhibit L to this Agreement, on property located as Lots 2-7,
within Tract No. 31822-2 (the "Tract" or "Tract Map") upon completion of the terms and conditions
set forth in this Agreement. The Tract is presently zoned Audie Murphy Ranch Specific Plan No.
209, Planning Area 6 (Medium Density Residential). The Property's land use designation under the
General Plan is Audie Murphy Ranch Specific Plan No. 209, Planning Area 6 (Medium Density
Residential). 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 as provided under the State of California Subdjvision Map Act. Developer has requested
approval to construct four (4) 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 tvlodel 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 openingthe Model Home Complex to the public. Developer shall ensure 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 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.
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 ensure that such structures are clearly identifiable as a typical home within
the surrounding nelghborhood of the dwelling units upon full occupancy (less the model homes), but
in no case more than sixty (60) days from the close of escrow of the final (production) dwelling sold
by Developer within Tract No. 31822-2, 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 to the Model Home Complex, remove any parking
surface utilized as a parking lot for the Model Home Complex, remove, modify, or reconstruct the
sales office to a standard garage, infill any access ways within or through block walls or fences to
29844 Haun Road Menitee, CA 92586
951.672.67n 1 Fax 951.679.3943
2020, by and between the
Model Home Complex Agreement for Tract No. fR31822-2 (Hacienda and Majestic)
the Model Home Complex, remove any landscaping/associated irrigation, 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 sixty (60) days from the close of escrow
of the final dwelling (less the model homes) within the approved Tract, or by the close of escrow of
any dwelling within the Model Home Compl€x, 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 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 Model Home Complex 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 locatlon(s) for the Model Home Complex, or indrvidual dwellings within a Model Home
Complex.
A surety, in a form acceptable to the city Manager of the city of Menifee, is herewth provided in asum as detailed below for lhe express purpose of the removal/modifications/reconstruction of the
Model Home complex as detailed below, shall be provided prior to and as an integral part ofentering into this Agreement. Developer shall notify City of completion of any
removal/modification/reconstruction undertaken pursuant to the terms of this Agreement and Cityshall inspect and review the Model Home complex within thirty (30) days of receipt of suchnotification. lf the City determines and is satisfied lhat Developer has removed, amended, modified
or reconstructed, or caused the removal, amendment, modification or reconstruction ofthe individual
dwellings within the Model Home Complex to the level and degree necessary to ensure 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 direc y
associated with the individual dwellings within the Model Home Complex following such removai,
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 the property owner, or a representative, or agent thereof, fails to remove, amend, modify orreconstruct, or cause the removal, amendment, modification or reconstruction of the individual
dwellings within the Model Home Complex to the satlsfaction of the City, the understgned authorizes
the City, its employees, represenlatives or agents, to enter the property, physically remove, amend,modify or reconstruct, the dwellings within the Model Home complex to a ievel and degree
necessary to ensure 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 andwritten notice thereof provided to the property owner. Any costs incurred by the City in excess of thesurety established herein and on file with the City shall be reimbursed to the City within thirty (30)
days of the written nolification to the property owner of the completion of such work. Neiiher aCertificate 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 theCity. Any excess surety, cash deposit or release of bonds still in the position of the City following
any removal, amendment, modification or reconstruction of the above noted dwellingi shall bereturned to the undersigned within thirty (30) days of the completion of such work.
Page 2 of 4
Model Home Complex Agreement for Tract No. fR31822-2 (Hacienda and Majestic)
No Certificate of Occupancy or Final lnspection shall be requested or granted for any individual
dwelling subject to this lvlodel 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.
The Developer shall indemnify, protect, defend and hold harmless, the City and any agency or
instrumentality thereof, and/or any of its officers, employees and agents from any and all claims,
actions, demands and liabilities arising or alleged to arise as the result of the applicant's
performance or failure to perform under this agreement, or from any proceedings against or brought
against the City, or any agency or instrumentality thereof, or any of their officers, employees and
agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the
City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning this agreement.
ln compliance with the above, the Developer shall reimburse the City, its agents, officers or
employees for any judgment, court costs and attorney's fees which the City, its agents, officers or
employees may be required to pay as a result of such action. The City may, in its sole discretion,
participate at its own expense in the defense of any such action, but such participation shall not
relieve the undersigned of its obligations under this requirement.
This agreement is in reference to the lots and dwellings constructed thereon, listed below within
Tract No. 31822-2:
Lot 2 - Plan H3 "Crafisman"
Lot 3 - Plan H2 "Spanish"
Lot 4 - Temporary Parking Lot
Lot 5 - Temporary Parking Lot
Lot 6 - Plan Ml "Spanish"
Lot 7 - Plan M3 "Prairie"
Itemized list of removal, amendment, modification or reconstruction required by this Agreement and
associated anticipated costs for surety purposes:
1. Removal of Sales Office(s) and Restroom; $15,000.002. Removal of parking lot, concrete walk, landscape and irrigation; $10,000.003. Removal of all model home signage; 9500.004. Removal of remaining ancillary items of l\ilodel Home Complex (trap fencing, curbs, etc); $2,500.00
Total: $28.000.00
This Agreement represents the full and entire agreement of the parties and shall be effective as of
the date first set forth above.
Page 3 of 4
Model Home Complex Agreement for Tract No. TR31822-2 (Hacienda and Majestic)
Pulte Homes Corporation, a California Corporati
("Developer")
Dated
President or other Category 1 Officer)
solull BOt(}l^Rl
PULIE t{oME cotrPANY tlc
(Pdnt Name)PlrnnirB e Eldtairrt
(Tifle)
Dated By
CITY OF MENIFEE
("City")
Approved as to Form:
T.elching
City Attorney
By
(Signature for Secretary or other Category 2 Officer)
(Prinl Name)
(T'fle)
Comm Direc{or
Cheryl
(Sign
Page 4 of 4
o","a, ,5\)5\lrlo
Model Home Complex Agreement for Tract No. TR31822-2 (Hacienda and Majestic)
Pulte Homes
("Developer")
Corporation, a California Corp oratio
By
President or other Category 1 Officer)
soll lL BOIGORI
PUtlE llolrE @MFAtfV tlc
Dated
CITY OF MENIFEE
("City")
Dated
Approved as to Form:
By
(Print Name)uilcct9i or L.rE
Bannirf & EldtLmantg
(Title)
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
Cheryl
Commu Devel nt Director
By
Jeffrey T. Melching
City Attorney
(Signat
Page 4 of 4
Dated:
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