HomeMy WebLinkAboutContracts & Agreements_39-1983_CCv0001.pdf Recording requested by:
Dennis I. Carlson 83--239803
WHEN RECORDED, RETURN TO:
City Clerk GC
City of RedlanQ's 5.00 WIN
P. O. Box 280 RE(,'GKDED iks
Redlands, CA 92373
AGRE=T FOR W
SUBDIVISION EXEMPTION 111183 OCT I PH 3': 0S
FROM PROPOSITION R tv A�% (z
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1. PARTIES AND DAT-P. The parties to ffil-S agree-
ment are the City of Redlands, a municipal corporation,
hereinafter called "City" , and Dennis I. Carlson
a Sole Owner hereinafter called "Subdivider"'.
The date of this agreement is Sept. 26, 1983-
2. SUBDIVIDER REPRESENTATIONS. Subdivider here-
by warrants to City that its planned subdivision denominated
Tract Map 9894 and filed with the City on May 27 , 1977
will be a lot sale subdivision, and neither subdivider nor
any of subdivider' s agents, contractors , he-L'--?-s or assigns
will construct on the lots there created -more than 4 dwelling
units.
3. CITY RELIANCE. In reliance upon this warrant
and representation, City agrees that Subdivider is not
subject to the competitive evaluation for quality establish-
ed in 1978 for subdivision residential deve?opments by
Proposition R, and may therefore proceed wit:h the subdiv-11--
sion approval process as if Proposition R did not exist.
4. SUBDIVIDER LTC UIDATED DAIT�_,AGES . Subdivider
understands that if it fails to carry out its warranties
and representations herein, obtains final aDDroval of Tract
Map #9894 sells some, all , or no lots therein, and builds
directly or indirectly more than four dwelllnc; 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
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 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-
from the losing party or parties an award of attorney fees
in an amount determined by the court to be reasonable tocrethar
with costs and disbursements.
ATTEST: Cl vd EDTJ
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SU�MVIDER
r -STATE OF CALIFORNIA jss
COUNTY OFj
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before me.the undersigned,a Notary Public in and for
said State.Personally appeared and
persona:,y known to me(or proved to me on the
basis of satisfactory evidence)to be the persons who executed the within instrument as
c. E President and--Secretary,on behalf of
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the corporation therein named.and acknowledged to me that
CORPORATE
c vi, such corporation executed thewithin instrument pursuant to its
SUBDIVIDER
by-laws or a resolution of its board of directors.
C, t WITNESS my hand and official seal.
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Cli Signature (This area for official notarial sea4
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3! STATE OF CALIFONIA
couNTy OF an •,._}
Bernardino
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5 On Septamber 26, 1983 before me,the undersigned,a Notary Public in,and for
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said State.personally appeared
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personally known to me(or proved to me on the basis of satis-
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factory evidence)to bethe person(s)whose name(s)islare sub- Af_f"Mm
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scribed to the within instrument and acknowledged to me that P INDIVIDUAL
heifshe/they executed the same-
SUBDIVIDER
Co WITNESS my hand and official seal.
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Signature, (This area for official notarial seat},-
STATE OF CALIFORNIA Iss.
COUNTY OF
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before me.the undersigned,a Notary Public in and for
said State,personally appeared_-
personally known to me for proved to me on the basis of satis-
L: factory evidence)to be the person that executed the within
Z instrument as partner(s). PARTNERSHIP
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SUBDIVIDER
`o on behalf of
the partnership
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therein named and acknowledged to me that the partnership
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executed ft_
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Signature (This area for official nctarW seal}