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HomeMy WebLinkAboutContracts & Agreements_92-2019MODEL HOME AGREEMENT Tentative Tract No 19942 This Agreement is made and entered into this 21st day of May, 2019 by Mastercraft Residential whose business address is 3165 Red Hill Avenue Costa Mesa California 92626 ("Buildei ") and the Cay of Redlands, a municipal corporation ("City") RECITALS WHEREAS, Builder is the developer of certain real property for which Tentative Tract No 19942 has been approved and which is more particularly shown in Exhibit "A." attached hereto and incorporated herein by this reference ("Property"), and WHEREAS, Builder desires to construct three (3) model homes on the Property, on Lot No 29, Lot No 30, and Lot No 31, and an associated parking lot on Lot No 28, prior to the recordation of a final map for Tentative Tract No 19942, and WHEREAS, Builder agrees to provide security to assure Buildei's performance under this Agreement, in the form of cash, NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and Mastercraft Residential hereby agree as follows AGREEMENT Section 1 Model Homes Builder may construct three (3) model homes on the Property which shall be used solely for the purpose of display and sale of similar dwelling units to be constructed within Tentative Tract No 19942 Such model homes shall not be sold or occupied for residential purposes until a final map is recorded creating a separate legal lot for each model home Section 2. Builder's Obligations Builder shall convert the sales office of the model homes into a residential garage, prior to, and as a condition of, City's issuance of a certificate of occupancy for the model homes on Lots No 29, 30, and 31 of the Property Builder shall further demolish and remove the associated parking lot prior to, and as a condition of, City's issuance of a building permit for a single family residence on Lot No 28 of the Property Section 3. Security and Surety Consent The amount of security for the performance of this Agreement is Sixty Thousand Dollars ($60,000) in the form of cash (the "Security") The making of an application foi an extension of time by Builder shall, upon granting of the application by City, constitute a waiver by Builder of all defenses of laches, estoppel, statutes of limitation, and other limitations of action in any action or proceeding filed by City within the period of four years immediately following the date to which the time of performance was extended 1 Section 4 City Remedies A If Buuldei and Surety fail to demolish and remove the model homes as required by this Agreement, 01 fail to comply with any othei obligation contained herein, they shall be jointly and severally liable to City foi any administrative expenses costs and attorneys tees incurred in obtaining compliance with this Agreement and such expenses. costs and fees incurred in processing any action foi damages or foi any othei remedies permitted by law B Upon default of any obhgation hereunder, and at any time after any such default, City may make written demand upon Builder or Surety, or both, to immediately remedy the default or complete the demolition of the model home and removal work If the remedial activities or completion of work are not commenced within seven days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within thirty days after the making of such demand (or such other time as may be contained in the demand), City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of City may be required, all at the full expense and obligation of Builder and Surety and all without the necessity of giving any further notice to Builder or Surety before City performs or arranges for the performance of any remaining work and whether or not Builder or Surety have done any of the required work at the time In the event City elects to complete or arrange for completion of the remaining demolition and removal work, the Development Services Director, upon such election, may require all work by Builder or Surety to cease in order to permit adequate coordination by City for completing the remaining work C For the purpose of City or its contractor demolishing and removing the model homes and other improvements, Builder hereby grants an irrevocable right of entry to City, its officers, employees, agents and contractors to enter upon the Property and to demolish and remove the model homes and access paving Section 5 Compliance with law It is agreed that all work done pursuant to this Agreement shall conform to the rules and regulations of City at the time work is actually done Demolition permits shall be obtained prior to the demolition of any model home Section 6 Attorneys' Fees In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees Section 7 Entire Agreement/Amendment This Agreement represents the entire agreement of the parties hereto with respect to its subject mattei Any amendment to this agreement shall be in writing and executed by the parties Section 8 Governing Law This Agreement shall be governed by and constructed in accordance with the laws of the State of Cahfornia 2 IN WITNESS WHEREOF Builder and City have caused this Agreement to be executed the day and year first written above CITY OF REDLANDS MASTERCRAFT RESIDENTIAL C?,-Ltb Paul W Foster, Mayor A 11'EST eanne Donaldson, City Clerk Daniel Thompson Authorized Representative 3