HomeMy WebLinkAboutContracts & Agreements_192-2006_CCv0001.pdf MODEL HOME AGREEMENT
Tentative Tract No. 17676
This Agreement is made and entered into this I st day of August, 2006 by Vines
Development, whose business address is 803 La Solana Drive, Redlands, California 92373,
("Builder") and the City of Redlands, a municipal corporation ("City"). Builder and City are
sometimes individually referred to herein as a"Party" and, collectively, as the "Parties."
RECITALS
WHEREAS, Builder is the developer of certain real property for which Tentative Tract No.
17676 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. 17676; and
WHEREAS, Builder agrees to provide City with security to assure Builder's performance
under this Agreement in the form of a cash deposit;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the City of Redlands and Vines Development 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 of dwelling units to be constructed within
Tentative Tract No. 17676. 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 February 2,2007,Builder shall immediately demolish and/or 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 Forty Thousand Dollars ($40,000) in the form of a 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. Citv Remedies.
A. If Builder falls to demolish and/or remove the model homes as required by this
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Agreement, or fails to comply with any other obligation contained herein, Builder shall be liable
I
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 and/or complete the
demolition and/or removal of the model homes and any improvement work. If the remedial activity
is 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 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,City's 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/or removing the model
homes and other improvements, Builder hereby grants an irrevocable right of entry to City, and its
officers, employees, agents and contractors, to enter upon the Property and to demolish and/or
remove the model homes and access paving.
Section 5. Compliance with law. It is
agreed that all work done pursuant to this Agreement
1.
shall conform to the rules and regulations of City in effect 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, including fees for in-house
counsel of the Parties.
Section 7. Governing Law. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California.
Section 8. Entire Agreement. This Agreement contains the entire agreement of the Parties
as to the subject matter hereof.
Section 9. Amendment. This Agreement may be amended only by written instrument
executed by the Parties.
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IN WITNESS WHEREOF Builder has caused this Agreement to be executed the day and
year first written above.
CITY OF REDLANDS
By:
on Harrison, Mayor
Attest:
City Qerk Lj
VINES DEVELOPMENT
By: �
President .�
Vines Develop
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Place Notary Seal Above Signature of Notary Public
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:
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