HomeMy WebLinkAboutContracts & Agreements_187-2008_CCv0001.pdf PARK MAINTENANCE FUNDING AGREEMENT
This park maintenance funding agreement ("Agreement") is made and entered into this
18ffi day of November, 2008 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and Beazer Homes Holdings Corp., a Delaware Corporation
("Beazer"). City and Beazer are sometimes individually referred to herein as a "Party" and,
together, as the "Parties."
WHEREAS, Beazer is the developer of a Planned Residential Subdivision project
commonly known as City of Redlands Tract No. 16390; and
WHEREAS, in connection with its development of Tract No. 16390, in lieu of paying the
City's park development fees. Beazer constructed a fully improved, approximately eight (8) acre
park along the Santa Ana River bluff area(the"Park"); and
WHEREAS, Beazer agreed to maintain the Park, at Beazer's expense, for a period of
eighteen (18) months after the date of completion of the Park; and
WHEREAS, on June 16, 2008, Beazer completed development of the Park and has
offered to pay the City the sum of Seven Thousand Dollars ($ 7,000) per month for a period of
twelve (12) months for full Park maintenance purposes in lieu of Beazer continuing to maintain
the Park;
NOW, THERFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Beazer Homes Holdings Corp. agree as follows:
Section I. In lieu of maintaining the Park constructed for Tract No. 16390, Beazer shall
pay to the City the sum of Seven Thousand Dollars (S 7,000) each month for a period of twelve
(12) months commencing on December 1, 2008 and ending on November 30, 2009. Each
payment shall be due and paid to the City by the fifth (5`h) day of the month for which it is made.
From and after the Effective Date of this Agreement, City shall be responsible for all further
landscape,hardscape and amenity repair associated with the Park.
Section 2. Within fifteen (15) business days of the Effective Date of this Agreement,
City shall release to Beazer any security previously provided to City by Beazer to ensure
development and completion of the Park.
Section 3. This Agreement represents the entire agreement and understanding between
the Parties as to the matters contained herein, and any prior negotiations, verbal or written
agreements relating to such matters are superseded by this Agreement. Any amendment to this
Agreement shall be in writing, approved and signed by City and Beazer.
Section 4. In the event any action is commenced to enforce or interpret any of the terms
Party shall.
or conditions of this Agreement the prevailing , in addition to any costs and other' fees, including fees for use of in-
relief, be entitled to the recovery of its reasonable attorneys
house counsel by a Party
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Section 5. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Beazer have
signed in confirmation of this Agreement.
CITY OF REDLANDS BEAZER HOMES HOLDINGS CORP.
By: By:
Jori Harrison Darius Fatakia, P.E.
Mayor Vice President of Development
Beazer Homes Southern California
ATTEST:
By
,,Lorrie Poyz0,f'
City Clem''
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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I certify under PENALTY OF PERJURY under the laws
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WITNESS my hand and official
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Description of Attached Document
Title or Type of Document: —
Document Date:A\ ts --- Number of Pages: — -- - -
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:___------ Signer's Name:
❑ Individual a Individual
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Partner—❑ Limited El General ,.. , El Partner—[j Limited -1 General
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E] Trustee El Trustee Top of thumb here Top of thumb here
Guardian or Conservator ❑Guardian or Conservator
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Signer Is Representing: Signer Is Representing:
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