HomeMy WebLinkAboutContracts & Agreements_6-2014_CCv0001.pdf MODEL HOME AGREEMENT
Tentative Tract No. 16465
This Agreement is made and entered into this 21st day of January, 2014 by Redlands
6120, LLC, a Delaware limited liability company, whose business address is 10621 Civic
Center Drive, Rancho Cucamonga, California 91730, ("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. 16465 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. 16465; and
WHEREAS, Builder agrees to provide security to assure Builder's performance under
this Agreement, in the form of cash;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged the City of Redlands and Redlands 6120, LLC 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. 16465. 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 December 31, 2015, 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. The amount of security for the performance of this Agreement is
Sixty Thousand Dollars (S60,000) in the form of cash (the "Security"). 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 performance was extended.
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Section 4: City Remedies.
A. If Builder fails to demolish and remove the model homes 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 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, to immediately remedy the default or complete
the demolition of the model homes and removal work. If the remedial activities or completion of
work are not commenced within thirty days after such demand is made and are not thereafter
diligently prosecuted to completion and fully completed within sixty 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
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 remaining work and whether or not Builder has begun 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 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 in the event of a Builder Default.
Section 5: Release of Security. Upon recordation of Final Tract Map 16465,Builder shall
be deemed to have satisfied Builder's obligations under this Model Home Agreement
("Agreement"). Within ten (10) days of recordation of Final Tract Map 16465, 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
done. Demolition permits shall be obtained prior to the demolition of any model home.
Section 7. Attorney's 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 attorney's fees.
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Section 8. Governing Law. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Builder have
signed in confirmation of this Agreement.
CITY OF REDLANDS REDLANDS 6120, LLC
a Delaware limited liability company
By: By: Diversified Pacific Communities, LLC
Pete Aguilar, Mayor Its: Manager
Attest:
By:
Ma ew A. J dan, Managing Member
Sam Irwin, City Clerk
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