HomeMy WebLinkAboutContracts & Agreements_47-2005_CCv0001.pdf MODEL HOME AGREEMENT
Tentative Tract No. 16747
This Agreement is made and entered into this 15th day of March,2005 by Ryland Homes of
California,Inc.,a Delaware corporation,whose business address is 1250 Corona Point Court,Suite
100, Corona, California 92879, ("Builder") and the City of Redlands, a municipal corporation
("City").
RECITALS
WHEREAS, Builder is the developer of certain real property for which Tentative Tract No.
16747 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 three(3)model homes on the Property prior to the
recordation of a final map for Tentative Tract No. 16747; and
WHEREAS, Builder agrees to provide security to assure Builder's performance under this
Agreement, in the form of a surety bond from an approved insurance company("Surety") and in a
form acceptable to City;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged the City of Redlands and Ryland Homes of California,Inc. hereby agree as follows:
AGREEMENT
Section 1. Model Homes. Builder may construct three(3)model homes on the Property,
which shall be used solely for the purpose of display and sale of similar dwelling units to be
constructed within Tentative Tract No. 16747. Such model homes shall not be sold or occupied for
residential purposes until a final map is recorded creating a separate legal lot for each model home.
Section 2. Builder's Obligations. In the event a final map creating a separate lot for each
model home is not recorded by September 1,2005,Builder shall immediately demolish and remove
such model homes including any access paving and parking lots, unless a written extension is
granted in writing by City.
Section 3. Security and Surety Consent. The amount of security for the performance of this
Agreement is Sixty Thousand Dollars($60,000)in the form of a corporate surety bond approved by
City. It is understood that by providing security for this Agreement, Surety consents in advance to
any written extension of time as may be given by City to Builder and waives notices of such
extensions. 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 and by Surety 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 performance
was extended.
VISORRENTURYLAND MODEL HOME AGREEMENT,DOC
Section 4. City Remedies.
A. If Builder and Surety fail to demolish and remove the model homes as required by
this Agreement,or fail to comply with any other obligation contained herein,they shall be jointly and
severally liable to City for any administrative expenses, costs and attorney's 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 default of any obligation hereunder,and at any time after any such default,City
may make written demand upon Builder or Surety, or both, to immediately remedy the default or
complete the demolition of the model home and removal work. If the remedial activities or
completion of work are not commenced within seven days after such demand is made and are not
thereafter diligently prosecuted to completion and fully completed within thirty days after the making
of such demand(or such other time as may be contained in the demand),City may then complete or
arrange for completion of all remaining work or conduct such remedial activity as in the sole
judgement of City may be required, all at the full expense and obligation of Builder and Surety and
all without the necessity of giving any farther notice to Builder or Surety before City performs or
arranges for the performance of any remaining work and whether or not Builder or Surety have done
any of the required work at the time. In the event City elects to complete or arrange for completion
of the remaining demolition and removal work,the Community Development Director,upon such
election,may require all work by Builder or Surety to cease in order to permit adequate coordination
by City for completing the remaining work.
C. For the purpose of City or its contractor demolishing and removing the model homes
and other improvements, Builder hereby grants an irrevocable right of entry to City, its officers,
employees,agents and contractors to enter upon the Property and to demolish and remove the model
homes and access paving.
Section 5. 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 done. Demolition
permits shall be obtained prior to the demolition of any model home.
Section 6. 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.
Section 7. Governing Law. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California.
Section 8. Termination of Agreement. Upon recordation of a final map creating a separate
lot for each model home this agreement shall automatically terminate without any further action
required. At such time the City shall release the bond to the builder and/or surety.
PSORRENTO',RYLAND MODEL HOME AGREEMENT.DOC,
IN WITNESS WHEREOF, Builder has caused this Agreement to be executed the day and
year first written above.
RYLAND HOMES OF CALIFORNIA, INC.
a Delaware corporation
By:
Scott McKhann
Vice-President
Ryland Homes of California, Inc.
CITY OF REDLANDS
i
A
May Susan Pep l r
At :est
Ciel Cler LQ r ePoyzer
Date: March 15, 2005
FSORRENTO'AYLAND MODEL HOME AGREEMENT-DOC _�_
t
EXHIBIT A
pt
r`• :.Cr:� ...mfr .�
T�•�f n'wfi'':��r � -.. F/art.4.�y1L
�:.1. .. ....�.r.:ryye�- Sr;;.. � y •t.fj;7.:`r':
rA$�j. :{. ,•0.¢y:15°'+,+;'r�"+�il•Sr'.r• k. . .:s �/• � d ,: ..�,�.cy'•. r?y
:.els"i n( J" :il� i�... 'O.e .+z:`';:' ° r lL.�..'41'.+71'.!••`��ru�
r •7 '7rJ,y.•.h4 � �d
�J.k.r�„•f � 1
t yr .ln 4. 1( ti�S,hf1.
r•�: 4 yt•,. r �,tel�.,. - R, s����y Sw's6� {'
1. .e � th' .,tom^'},}r•`�''''r,+c r `,''
Ir
I. —————— -
I�; ti
Ir�
y
6F
D
i
a
TRACT 16747'4
P�t3t, �D CCJV�fi TRGEANDGR wo.a�r
rooS
F l Rluwb KANTWG PLAN
•••-• -- ---- --•--�"' """' i-uuu r.UUL/uUL r-UUD
• � I
EXHIBIT A CONT.
t
t ;
� 'y.��•T.t;,r��>•^. ��V'�^•� j• ,ire• '••
i
t
i
i
i
t .\
6 06
ll a
i
� �'�ot9•®��c+��wes
;
TrtmCT t 8747 '""
yppf�� SM US PLANTING FLAN
Rrt�wbHou�e AND PLANT1W
r
Bond No. 08773912
Premium: $35.00
FAITHFUL PERFORMANCE BOND Sorrento-`fit 167474Wel Elms
KNOW ALL PEOPLE BY THESE PRESENTS that we, % a-d lixes of (b]ifornia,
Im— ,a Delaware corporation, whose place ofbusiness is (bi -n Fbinte Cart, mite
XG, Corona, CA 92879 , as Principal, and theFidelity aril D2posit may of
a
corporation organized and doing business under and by virtue of the laws ofthe State of California,
and duly licensed by the State of California for the purpose ofmal ing, guaranteeing or becoming
sole surety upon bonds of undertalangs required or authorized by the laws of the State of California,
as Surety, are held and firmly bound unto the City of Redlands, California, in the just and full sum
SixtYT'xx 1tx1 ,($ OCO•(�)) . lawful money ofthe United States ofAmerica for the payment
of which, well and truly to be made, we hereby bind ourselves, and each of our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has applied for building permits for four model homes to be
located on certain real property for which Tentative Tract NO. 16 7 4 7 has been approved in
accordance with the laws of the City of Redlands and subject to the conditions of approval of the
City Council of the City of Redlands; and
WHEREAS,the Principal has executed an Agreement herewith,a copy of which is attached
hereto for the purpose of identification only, whereby the Principal promises the City ofRedlands
to immediately demolish and remove the model homes if a final subdivision map creating a separate
lot for each model home is not recorded within the time period specified in said Agreement.
NOW, THEREFORE, if the Principal shall.comply with all of the provisions of said
Agreement in accordance with the laws of the City ofRedlands,then this obligation shall be null and
void, and otherwise, to remain in full force and effect.
The Surety and Principal agree that the liability of the Principal, and the Surety upon this
bond shall be in effect from the date hereof and remain in effect until completion, to the satisfaction
of the City of Redlands of the performance of all of the terms and conditions of said Agreement.
Such completion shall be evidenced by a statement thereof,signed by the Community Development
Director of the City of Redlands.
The Surety hereby expressly consents to any extension or extensions of time to complete the
performance ofthe terms and conditions ofthe Agreement as may be granted to the Principal by the
City of Redlands, and hereby expressly consents to the waiver of the defenses of statutes of
limitation, Iaches and estoppel in the event said extension or extensions are granted.
The Surety and Principal further agree that in the event performance of the terms and
conditions of the Agreement are not completed within the time allowed by the Agreement, or any
extension of extensions thereof as may be granted by the City ofRedlands,the City ofRedlands may,
at its option, and in addition to any other remedies available by law, complete or arrange for
completion ofthe performance ofthe terns and conditions,and all costs and expenses therefore shall
IAPlcnninZV0f \MISC\modcl home agrttmcnC.wpd
become a debt due and owning the City of Redlands, as set forth in the Agreement.
The Surety, by executing this Faithful Performance Bond, warrants and alleges that it has
read the Agreement or by signing this bond shall be deemed to have read the Agreement and knows
the contents and all provisions therein contained, and shall be bound by each and every term,
condition and Provision contained therein.
IN WITNESS WHEREOF, the Principal and the Surety have caused this Faithful
Performance Bond to be duly executed this 2/24/2005
RYLAND MES OF CALIFORNIA, INC. ,
a Delaware Corporation
1---) 1
By:
'A55�-, Vi', President
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
By:
.Jo)�" !'VCorrea, Attorney In Fact
[APIanningV01-NWIMmodel home agreemcnwpd
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E. SMITH,Assistant Secretary, in
pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof.d s nate,constitute and
appoint Jorge A.CORREA,of Los Angeles,California, its true and I a orn act,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act i al S takings,and the
execution of such bonds or undertakings in pursuan s on said Company,as fully and
amply,to all intents and purposes,as if xe ged by the regularly elected officers of
the Company at its office in Ba 1j'o
heir r
The r " ereY-ee t tract set forth on the reverse side hereof is a true copy of Article V1,
said Assistant ae b if
Section 2,of the By-1*S1' ow in force.
IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corpora"fee CST of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 31st day of
December,A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
T E. Smith Assistant Secretary, Paid C. Rogers Vice President
State of Maryland
City of Baltimore ss.
I
On this 31st day of December, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid.
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
H4
b&�
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F 012-27480
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of_.. Los Angeles
On 2 4 2'01 1"15, before me.
, Natalie K. Trofimoff, Notary Public
personally appeared Jorge A Correa
personally known to me - OR - D proved to me on the basis of satisfactory evidence
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
NATALIE K. TROFIMOFF he/she/they executed the same in his/her/their
commission# 14101 authorized capacity(i
NotarPublic California es), and that by his/her/their
V y
Los Angeles Count,, signature(s) on the instrument the person(s), or the
8071
Mysomm.ExOres A� ,2j, entity upon behalf of which the person(s) acted,
executed the instrument.
Wl= Official so.
Notary Public Seal
SIGNATURE t RE OF N
OPTIONAL
Though the d'ata below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT:
TITLE OR TYPE OF DOCUMENT:
DOCUMENT DATE:
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer's Name: Signer's Name
F1 INDIVIDUAL DINDIVIDUAL
FICORPORATE OFFICER
RCORPORATE OFFICER
Title(s)
Title(s)
❑ PARTNER(S)R LIMITED R GENERAL ———————————
R PARTNER(S)R LIMITED F1 GENERAL
ATTORNEY-IN-FACT R ATTORNEY-IN-FACT
❑ TRUSTEE(S) R TRUSTEE(S)
FIGUARDIAN/CONSERVATOR [:1 GUARDIAN/CONSERVATOR
R OTHER: El OTHER,
Signer is representing: Signer is representing:
NAME OF PERSON(S)OR ENTITY(IESt NAME OF PERSON(S)OR ENTITY(IES,
ZURICH
M-1S.IMPORTANT DISCLOSURE NOTTCJE IS 'ARS' OF YOURBtu
Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American
Insurance Company, and American Guarantee and Liability Insurance company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part
PLUL]osure of Terrorism P_rem!uLa
The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is
S—Waived—. This amount is reflected in the total prerrdurn for this bond.
DiscIgsure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting
L-orn acts of terrorism,(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance C2MRARfj1ffEgjjsrn Losses
Danv's Terro
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
losses in excess of an annual aggregate dedactible. For 2002,the,inset-auce company deductible is 1%of direct earned
premium in the prior year,for 2003,7%of direct earned premium in the prior year, for 2004, 10%of direct earned
premium in the prior year;and for 2005, 15%ofdirect earned premium in the prior year. The federal share of
insurance compa-,ay's losses above its deductible is 90%.In the event the United States government participates in
losses,the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed 5100 billion in any one calendar year
Definition of Act of Terrorism
Thi-Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
I, to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life,property or infrastructure;
3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based
principally in the United States,on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States),or the premises of a United States mission;and
4, to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress(except for workers"compensation)or property and casualty insurance losses resulting from the
act,in the aggregate,do not exceed$5,000,000,
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
C7
Cop yrightZm-ich American bsurance Cozpany 2003