HomeMy WebLinkAboutContracts & Agreements_14-1985_CCv0001.pdf Vt? S I UR_
When Recorded Mail to:
The City Clerk
City of Redlands
P.O. Box 280
Redlands, CA- 92373 AGREEMENT FOR
SUBDIVISION EXEMPTION
FROM PROPOSITION R
1. PARTIES AND DATE. The parties to this agree-
ment are the City of Redlands, a municipal .corporation,
hereinafter called "City" , and t - € i c) ,
arJ hereinafter called "Subdivider".
The date of this agreement is M -- Iq 1985. ,
is
SUBDIVIDER REPRESENTATIONS. Subdi:.rider here-
by warrants to City that its planned subdivision denominated
Tract Map , and filed with the City on
will be a lot sale subdivision, and neither subdivider nor
any of subdivider's agents, contractors, heirs or assigns
will construct on the lots there- created more than 4 dwelling
units. Go
1
3. CITY RELIANCE. In reliance upon this warranty
ter,
and representation, City agrees that Subdivider is not
subject to the competitive evaluation for quality establish-
ed in 1978 for subdivision residential developments by
Proposition R, and may therefore proceed with the subdivi-
sion approval process as if Proposition R dial not exist.
4. SUBDIVIDER LIQUIDATED DAMAGES. Subdivider
understands that if it fails to carry out its warranties
and representations herein, obtains final approval of Tract
Map , sells some, all , or no lots therein, and builds
directly or indirectly more than four dwelling units there-
in, the consequences and potential damage to the City and
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its present and prospective residents will be substantial.
City law would thereby be violated, and other projects
seeking and receiving development approvals would be com-
promised and themselves placed in legal jeopardy. For
this reason., Subdivider and City agree that liquidated
damages are reasonable under these circumstances pursuant
to California Civil Code §1671(b) , and that the sum of
$4000 per lot approved without such competitive evaluation
shall be paid by Subdivider to City upon the direct or
indirect construction by Subdivider or its agents, contractors,
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heirs or assigns of the fifth dwelling unit within the sub-
C.
division denominated Tract Map Go
5. ATTORNEYS FEES. If either party commences
litigation against any other party to enforce this agree-
ment or for a declaration of the respective rights and
duties of the parties hereunder, the prevailing party or
parties in such litigation shall be entitled to receive
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from the losing party or parties an award of attorney fees
in an amount determined tog
by the court to be reasonable ether
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with costs and disbursement-s .
ATTEST: CITY OF REDLANDS
r
SUBDIVIDER
_N
I I
STATE OF CALIFORNIA Iss.
COUNTY OF
On
before me,the undersigned,a Notary Public in and for
�7-
said S*ate,personally appgared and
personalty known to me(or proved to me on the
basis of satisfactory evidence)to be the persons who executed the within instrument as
President anti ecretary,on behalf of
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the corporation therein named,and acknowledged to me that. CORPORATE
Such corporationexeculedthewithin instrument pursuanttoits SUBDIVIDER
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by-laws or a resolution of its board of directors.
WITt4SSS my hand and official seal.
n Signature (This area for official notarial seat}
?1 STATE OFF CALIFQRNIAIss,
--1 /1 e I
COUNTY OF 0
-j
o On L211,fc' fL
A / z. _before me,the undersigned,a Notary Public in and for
said State,personally appear eA-
r.
personally known to me(or proved to me on the basis of satis-
factory evidence)to betheperson(s)whose name(s)is/are sub.- C;-#ndis Thomassin T7oth
NOTARY PUBLIC
scribed to the within instrument and acknowledged to me that INDIVIDUAL
> SAN' P-,P-RNARDINO COUNTY 1,
SUBDIVIDER
C he/she/they executed the same.
1 00 AUF-'QN1A
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cv
C" i 9 8 L,
C3 WITNESS my hand and official seal ;. " :S.
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Signature —(This area for official notarial al)
-08489
RECORDED IN OFFICIAL RECORDS
APR 111985
SAN BERNARDINO COUNTY, CAL1F.*--%
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