HomeMy WebLinkAboutContracts & Agreements_161-2014_CCv0001.pdf MODEL HOME AGREEMENT
Tentative Tract No. 16742
This Model Home Agreement ("Agreement") is made and entered into this 19th day of
August, 2014 ("Effective Date") by Redlands 15M 2013, LLC, whose business address is 8951
Research Drive, Suite 100, Irvine, California, 92618 ("Builder") and the City of Redlands, a
municipal corporation ("City"). Builder and City are sometimes individual referred to herein as
a"Party"and,together, as the"Parties."
RECITALS
WHEREAS, Builder is the developer of certain real property for which Final Map No.
16742 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 one (1) model home on Lot no. 1 of the
Property and an associated parking lot on Lot no. 14 of the Property; and
WHEREAS, Builder agrees to provide security, in the form of cash, to assure Builder's
performance of its obligations under this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged the City of Redlands and Redlands 15M 2013, LLC hereby agree as
follows:
AGREEMENT
Section 1. Model Home. Builder may construct one (1) model home on Lot no. 1 of the
Property which shall be used solely for the purpose of display and sale of similar dwelling units
to be constructed, and an associated parking lot on Lot no. 14 of the Property. Such model
home shall not be occupied for residential purposes until a certificate of occupancy is issued by
City.
Section 2. Builder's Obligations. Builder shall convert the sales office of the model
home into a residential garage and shall further demolish and remove the associated parking lot
on Lot no. 14 prior to, and as a condition of, City's issuance of a certificate of occupancy for the
model home on Lot no. I of the Property.
Section 3. Security. The amount of security for the performance of Builder's obligations
under this Agreement is Twenty Thousand Dollars ($20,000) in the form of cash (the
"Security"). Builder shall pay the Security to City within seven (7) days of the Effective Date of
this Agreement. The making of an application for 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
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performance was extended.
Section 4. City Remedies.
A. If Builder fails to demolish and remove the parking lot as required by this
Agreement, or fails to comply with any other obligation contained herein,Builder shall be liable
to City for any administrative expenses, costs and attorneys' fees incurred in obtaining
compliance with this Agreement and such expenses, costs and fees incurred in processing any
action for damages or for any other remedies permitted by law.
B. Upon Builder's default of any obligation hereunder, and at any time after any
such default, City may make written demand upon Builder to immediately remedy the default.
If the remedial activities are not commenced within ten (10) days after such demand is made and
are not thereafter diligently prosecuted to completion and fully completed within thirty(30)days
after the malting of such demand (or such other time as may be contained in the demand), City
may then conduct such remedial activity as in the sole judgment of City may be required, all at
the full expense and obligation of Builder and all without the necessity of giving any further
notice to Builder before City performs or arranges for the performance of any remedial activity
and whether or not Builder has begun any remedial activity at the time. In the event City elects
to undertake any remedial activity, the Development Services Director, upon such election, may
require all work on the Property by Builder to cease in order to permit adequate coordination by
City for performing the remedial activity.
C. For the purpose of City or its contractor undertaking any remedial activity,
Builder hereby grants an irrevocable right of entry to City, and its officers, employees, agents
and contractors to enter upon the Property until such remedial activity is completed to the
satisfaction of City.
Section 5. Release of Security. Upon Builder's conversion of the sales office of the
model home into a residential garage and removal of the associated parking lot, Builder shall be
deemed to have satisfied Builder's obligations under this Agreement, and within ten (10) days of
the same, the City shall return the Security to Builder. Upon such release, this Agreement shall
become null and void and Builder and City shall have no further obligation to each other
regarding this Agreement.
Section 6. 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
performed.
Section 7. 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, including fees for use of
in-house counsel by a Party.
Section 8. Governing Law. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Builder have
signed in confirmation of this Agreement.
CITY OF REDLANDS REDLANDS 15M 2013 LLC
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By: By: L VAI /l11
Pete Agui ar, Mayor -U.4."iA p-for Melia Homes,
Its Managing Manager
Attest:
h
anne Donaldson,
Deputy City Clerk
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5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL cone$1769
State of California
County of ORAgGE i
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On - 26(Lf before me, �1�U08 +0 rA-2 20ac_
Date Here Insert Name and Tille of the Officer
personally appeared Mf e.�[ VAIP-LK
Name(s)of Signer(s)
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who proved to me on the basis of satisfactory
evidence to be the person whose name(,sl is/ar6
subscribed to the within instrument and acknowledged
4 to me that he/44/tVy executed the same in
his/4r/th9(ir authorized capacity(i ), and that by
his/h)2fr/their signature on the instrument the
PAMELA JANE WOODS person(,A, or the entity upon behalf of which the 3
COMM 0197f791113 � personacted, executed the instrument.
ORMGE COU"
Corrin.Exp.MIAY27,2016 I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h d official seal.
C�j,Signatur
Place Notary Seal Above Signature of tAry FrNlic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -MODEL_HOME AIA Q-E•E,M Ear 7E- IGNZ Z
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
E Signer's Name: Signer's Name:
Cl Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Individual ❑ Individual
❑ Partner —`_7 Limited O General Top of thumb here ❑Partner — ❑ Limited _ General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact )
LlTrustee 11 Trustee I
❑ Guardian or Conservator ❑Guardian or Conservator
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❑ Other: ❑Other:
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Signer Is Representing: Signer Is Representing:
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®Witt National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907