HomeMy WebLinkAboutContracts & Agreements_7-1986_CCv0001.pdf AGREE2,1ENT 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
a , hereinafter called. "Subd1vider"
The date of this agreement is IL98W.
2. SUBDIVIDER REPRESENTATIONS. Subdivider here-
by warrants to City that its planned subdivision denominated
Tract Ma and filed with the City on
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 dwelling
units.
3. CITY RELIANCE. In reliance upon this warranty
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 wit:h 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 aooroval of Tract
Ma4l2rctj , sells some, all, or no lots therein, and builds
-a four dwelling units there-
directly or indirectly more tha C>
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
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 ,
heirs or assigns of the fifth dwelling unit within the sub-
01
division denominated Tract Miap
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
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 .
ATTEST4. CITY OF REMAND)S
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SUBDIVIDER
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STATE OF CALIFORNIA IS&
COUNTY OF I
On, before me,the undersigned,a Notary Pub,tic in and for
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said State,personally appeared 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—
t:4. E —President and Secretary,on behalf of
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the corporation therein named,and acknowledged to me that CORPORATE
such corporation executed thewithin instrument pursuant to its SUBDIVIDER
by-laws or a resolution of its board of directors,
m WITIJ ESS my hand and official seal.
cl:� Signature {chis area for official notarial seat)
STATE OF CALIFORNIA )S&
COUNTY OF
on before me,the undersigned,a Notary Public in and for
-7 said State,personally appear
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personally known to me(or proved to me on the basis of satis-
s.
factory evidence)to be the person(s)whose name(s)is/are sub-
scribed to the within instrument and acknowledged to me that INDIVIDUAL
he/she/they executed the same. SUBDIVIDER
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co WITNESS my hand and official seal.
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Signature (This area,for official notarial seal?
STATE OF CALIFORNIA )ss.
>. COUNTY OF ,an Rernardinn I
on January 29, 1986 before me,the undersigned,a Notary Pub is in and for
said State,personally appeared— John R. Jamison *1�
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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 [OFFICIAL SEAU
the aeneral PARTNERSHIP
instrument as 0 partner(s). DENISE CASEY
SUBDIVIDER
Nt)TARY PUBLIC - CALIAORNIA
on behalf of C R 1. J Mi t Pad Pq-r f n o-r ch i T)
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the partnership
Y-A Y Com Is S i o n ExDkes Decembw 3� 1988
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therein named and acknowledged to me that the partnershtp
executed it.
C1 WITNESS my hand and official-S&I4
k_/16iAAx-�,
Signa (This area
ezk�'0 flictat rocitartail seal)
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