HomeMy WebLinkAboutContracts & Agreements_16-1985_CCv0001.pdf Recording requested by:
Redlan!�s Financial Services , Inc.
5V7hen recorded return to:
CITY CLERK'S OFFICE AGREEMENT FOR
City of Redlands
P. 0. Box 2130 SU'BDIVISIO'N EXEMPTION
Redlands, CA 92373 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 Bob A Tee
a , hereinafter called. "Subdi vi :r".
The date of this agreement is ,lune l 1982.
2. SUBDIVIDER REPRESE STATIONS.. S;:.bdiiTider here-
by warrants to City that its planned subdivision denominated
Tract Map 1 and f iled with the City on. June 1, 1l9 8 2
will be a let 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 dwell-ing
units.
3. CITY RELIANCE. In reliance upon this warranty
and representation, City agrees that Subdivider is not
subject to the competitive evaluation for quality establi.s3
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ed in 1978 for subdivision residential developments by
Proposition R, and may therefore proceed with the subdivi-
sion approval process as if Proposition R did 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 na lots therein, and builds
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RECORDED IN OFFICIAL RECO
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P.M.1985 AT
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directly or indirectly more than four dwelling units there-
in, the consequences and potential damage to the City and
its present and prospective residents will be substantial.
City law would thereby be violated, and other projects rX
seeking and receiving development approvals would be co - C10
promised and themselves placed in legal jeopardy. For
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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 uporL the direct or
indirect construction by Subdivider or its agents, contractors,
heirs or assigns of the fifth dwellingunit within the sub-
division denominated Tract Map
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 by the court to be reasonable together
with costs and disbursements.
ATTEST: CITY OF REDLANDS
SUBII ER
717
STATE OF CALIFORNIA
COUNTY OF
Cin before me,the undersigned,a Notary Public in and for
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said State,personally appelred— and
personat;y known to me(or proved to me on the
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'c basis of satisfactory evidence)to be the persons who executed the within instrument as
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Z E President and Secretary,on behalf of
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the corporation therein named,and acknowledged to me that
CORPORATE
o such corpotationexecutodthowithininstruMent pursuanttoits SUBDIVIDER Nwowol
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J, by-laws or a resolution of its board of directors.
C; -1 WITNESS my hand and official seal.
Signature (This area for official notarial seaq
STATE OF CALIEPRNIA )ss.
COUNTY OF _—A0kM t'
On 4 before me,the undersigned,a Notary Public in and for
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said State,personalty appeared— T P_4z
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personally known to me(or proved to me on the basis of satis-
factory evidence)to bethe person(s)-hose names)is/are sub- OFFICIAL SE 11-
scribed to the with.in instrument and acknowledged to me thatINDIVIDUAL
SUBDIVIDER
5 he/she/they executed the same-
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C3 WITNESS my .and and and officia,l seal.
Signature- "A TAVNIA ZVI) (This area for official notarial seat)
STATE OF CALIFORNIA )ss.
c COUNTY OF I
On before me,the undersigned,a Notary Public in and for
said State,personally appeared
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personally known to me(or proved to me on the basis of satis-
factory evidence)to be the person that executed the within PARTNERSHIP
instrument as partner(s),
SUBDIVIDER
on behalf of
the partnership
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C1therein named and acknowledged to me that the partnership
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executed 11.
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n WITNESS my hand and official seal,
Signature (This area for otical notarial seal)