HomeMy WebLinkAboutContracts & Agreements_7-2014_CCv0001.pdf MODEL HOME AGREEMENT
Tentative Tract No. 18882
This Agreement is made and entered into this 21 st day of January, 2014 by FH 11,LLC, a
California limited liability company,dba Frontier Communities,whose business address is 8300
Utica Avenue, Suite 300, 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.
18882 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 two(2)model homes on the Property prior to the
recordation of a final map for Tentative Tract No. 18882; and
WHEREAS,Builder agrees to provide security to assure Builder's performance under this
Agreement in the form of a cash deposit to City;
NOW,THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged the City of Redlands and FH II,LLC hereby agree as follows:
AGREEMENT
Section 1. Model Homes. Builder may construct two(2) 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. 18882. Such model homes shall not be sold or occupied for
residential purposes until a final map is recorded creating a separate legal lot fbi each model home.
Section 2. Builder's ObligLfions. In the event a final map creating a separate lot for each
model home("Final Map")is not recorded by August 7,2014, 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 Forty
Thousand Dollars ($40,000) in the form of a cash deposit ("Cash Deposit"). 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.
Section 4. City Remedies.
A. If Builder fails to demolish and remove the model homes as required by this
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Agreement,or fails 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, 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 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 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 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. Release of Security. City shall return all unused Cash Security to Builder within
thirty(30)days following the recording of a final map.
Section 7. AttogM' 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 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 FH 11,LLC
A California Limited Liability Company
By: S, By:
Pete Aguil Mayor Chief Financial Officei
Attest:
Sam Irwin,TityieJerk
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