HomeMy WebLinkAboutContracts & Agreements_45-2000_CCv0001.pdf Recorded in Official Records, County of
ETE S INFORMATION
San Bernardino, Larry Walker, Recorder
I
' Doc No . 20000162684
t5 05/10/00
R E,C 011"DING REQUESTED B-I.-" AND No Fee 9 0
W11111"N RECORI-)ED, RETURNTO:
City Clerk's Office
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Post Offlice Box -3005
Redlands, Clik 923-73 6
NONSTLN --g'V—Y IT-0 TRANS TAX DA --EH—RG EXAM
FEES NOT REQUIRED
PER GOVERNMEHI CODE
SECItoN 6103
MODEL HOME AGREEMIFINT - 'FENTAI-IVETIRACT NO1593-11
Title ot' I)Iocunient
MODEL HOME AGREEMENT
Tentative Tract No. 15937
This Agreement is made and entered into this 2nd day of May, 2000 by Standard Pacific of
the Inland Empire, a division of Standard Pacific Corp., a Delaware corporation, whose business
address is 28765 Single Oak Drive, Suite 140, Temecula, CA 92590, ("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.
15937 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 four(4) model homes on the Property prior to the
recordation of a final map for Tentative Tract No. 15937; 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 Standard Pacific of the Inland Empire hereby agree as
follows:
AGREEMENT
Section 1. Model Homes. Builder may construct four (4) 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. 15937. 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 January 1, 2001, 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.
Section3. Security and Surety Consent. The amount of security for the performance of this
Agreement is Eighty Thousand Dollars ($80,000) 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.
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Section 4. Citi Remedies. remove the model homes as required by
A. If Builder and Surety fail to demolish and
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 further 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.
Section5. 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 4n
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.
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IN WITNESS WHEREOF Builder has caused this Agreement to be executed the day and
year first written above.
STANDARD PACIFIC OF THE INLAND EMPIRE
a division of Standard Pacific Corp.. a Delaware Corporation
By:
Vice President
Standard Pacific of the Inland Empire
CITY OF REDLANDS
Pat Gilbreath, Mayor
ATTEST:
Lorr e Pay City Clerk
I:AijnilP gmementsNodel Homes.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEWMENIr No�5907
State of
County of
On
before me,
IIATE NAME.TITLE OF OFFI-CER E.G.-JANE DOE.NOTARY PUBLIC"
personally appeared
NAME(S)OF SRIGNER(S)
El personally known.to me - OR -ET-p' roved to me on the basis of satisfactory evidence
to be the person(�s) whose name(-s) is/aTe-
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/ber/tbeir authorized
capacity(i-es), and that by his�#ertth-eir
tAURMKM signature(s) on the instrument the person(s_),
cl-AnmMmf IWIM3
KWM PLt*--—Cdkmb or the entity upon behalf of which the
sm Beff"-dilm Cal*
cornm En*0JU 15,21M person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURiE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
71�
TITLE OR TYPE OF D CUMENT
TITLE(Sj
wc� /s-
PARTNER(S)
El LIMITED
1:1 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER:
DATE OF OCUMENT
SIGNER IS REPRESE"NG:
NAM�OF PERSON(S;OR ENTIT�,O@Pll
0_0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P,O.Box 7184 Canoga Park,CA 91309-7184
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on May 2, 2000,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
{ X} personally known to me - or - I I proved to me on the basis of satisfactory evidence to be
the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
/Z
DLAA
.......... LORRIE POYZER, CITY CLERK
0T3'°
-1-14P
By:
Beatrice Sanchez, Deputy City Cler
CAU (909)798-7531
CAPACITY CLAIMED BY SIGNERS)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Model Home Agreement - Tentative Tract No. 15937
Number of Pages : six Date of Document: May 2, 2000
Signer(s) Other Than Named Above: Michael White, Vice President
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FAITHFUL PERFORMANCE BOND BOND #111 2744 405 4
KNOW ALL PEOPLE BY THESE PRESENTS that we, PREMIUM $400.00
STANDARD PACIFIC CORP. '
a Delaware Corporation, whose place of business is
28765 Single Oak Drive,Suite 140,Temecula,CA 92594,as Principal,and THE AMERICAN INSURANCE
Company, a corporation organized and doing business under and by virtue of the laws of the State
NEBRASKA , and duly licensed by the State of California for the purpose of making, guaranteeing
or becoming sole surety upon bonds of undertakings 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 of Eighty Thousand Dollars ($80,000) lawful money of the United States of America
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. 15937 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 of Redlands
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 of Redlands,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 of the terms and conditions of the 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, laches 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 of Redlands,the City of Redlands may,
at its option, and in addition to any other remedies available by law, complete or arrange for
completion of the performance of the terms and conditions,and all costs and expenses therefore shall
r:idjm\AgreementsNodel Homesmpd -4-
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 cause this Faithful Performance
Bond to be duly executed this 2nd day of MAY, 2000.
STANDARD PACIFIC CORP. ,
A DELAWARE CORPORATION
By:
Authorized Representative
Standard Pacific of the Inland Empire
THE AMERICAN INSURANCE COMPANY
Surety
By:
PATRICIA M. WHITE, ATTORNEY IN FACT
MdjmlAgreementsNodd Homesmpd
State,,of CALIFORNIA
"ounty of ORANGE
On MAY 2, 2000
before me, SERI APODACA, NOTARY PUBLIC— — — -- — — — --
DAT E
NAME. TITLE OF OFFICER -E.G..*JANE DOE. NOTARY PUBLIC'
personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — — — — — — — — — — — — — —
NAME(S) OF SIGNER(S)
personally known to me - OR - M proved to me on the basis of satisfactory evidence to be the
personM whose name(s) is/ subscribed to the within
instrument and acknowledged to me that hp/she/IW
executed the same in t)Wher/1bwkxauthorized capacityw),
FF2 'PODAC
and that by tSojher/tbejx signature( } on the instrument the
acted, executed the instrument.
'T
acted,
or the entity upon behalf of which the person(t)
WITNESS my hand and official seal.
SIG.;ATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
FIINDIVIDUAL
F-hORPORATE OFFICER
TITLEE(S) TITLE OR TYPE OF DOCUMENT
�PARTNER(S) FILIMIT ED
MGENERAL
-A 1--r
NUMBER OF PAGES
MTRUSTEEi,'S)
E]GUARDIAN/CONSERVATOR
MOTHER: DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY ILMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION, an Illinois corporation,THEE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEM1,41T`Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,aMissouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia M. White
of Costa Mesa, CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof -----------
and
----------and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended
or repealed:
-RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 16 ,day of February 2000
Y FIREMAN'S FUND INSURANCE COMPANY
A,* NATIONAL SURETY CORPORATION
Z A L
THE AMERICAN INSURANCE COMPANY
'i f
ASSOCLAM INDEMNITY CORPORATION
0
....... AMERICAUTOMOBILEINSURANCE COMPANY
STATE OF CALIFORNIA I SS. By
COUNTY OF MARIN Vice-President
On this 16 day of Febr 'ay 2OOQ,before me personally came Donn R. Kolbeck
to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WTIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
AN
— — — — — — — — — — --
L CCAMPO
Commission# 1163726
Notary Public-Caffornia
My Morin County
t N Public
STATE OF CALIFORNIA SS. Comm.&-An,
COUNTY OF MARIN I — �iz�
L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 2nd day of MAY 2000
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Resident Assistant Secretary
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STATE OF CALIFORNIA }ss.
COUNTY OF .�\I t �✓
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On � tH �W , before me, �n� C .r ,
personally appeared CW U�—)+ btm cx)�
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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(This area for otfic;al notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
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