HomeMy WebLinkAboutContracts & Agreements_162-2005RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
AND WHEN RECORDED MAIL TO
,CITY CLERK'S OFFICE
CITY OF REDLANDS
P 0 BOX 3005
REDLANDS, CA 92373
L
Escrow No -
Order No. 42010321 - K07
Recorded in Official Records, County of San Bernardino
1;s911 rtEPicmta
Doc#.
1111
LARRY WALKER
Auditor/Controller -- Recorder
9/20/2005
1028 AM
DTH
726 Chicago Title Company — CIS
2005 - 0700124
292-341-23
1
1
Titles 1 Pages 17
Fees
Taxes
Other
56 00
0 00
1 00
PAID
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
$57 00
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
( Additional recording fee applies )
CPFR4 11/13/96bk
RI CORDING REQUESTED 13 Y
TUBI IC WORKS DEPAR rmEm
CITY OF REDLANDS
WHEN RECORDED RLTURN
CITY CI ERK'S OFFICE
CITY OF REDLANDS
P 0 130X 3005
REDI .ANDS CA 92373
(THIS SPACE FOR RFCORDER'S USE ONI„,Y)
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 6th day of Sept 2005 (the "Effective Date"), by
and between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and
Terrance R Pence and Vida M Pence, husband and wife as joint tenants, hereinafter referred to
together as "Subdi icier " The City and Subdivider are sometimes herein individually referred to as
a Part,' and collectively. as the 'Parties
RECITALS
WHEREAS Subdix ider is the owner or authonzed developer of property located in the City
of Redlands known as Parcel No 16164 (the "Subdivision"), for which Subdivider is obligated to
construct certain improv ements (the "Improvements") as a condition of approval of the Subdivision
and
WHEREAS City desires to ensure that the Improvements will be constructed in a good and
workmanlike manner and in accordance with the laws of City, and
WHEREAS, Subdivider acknowledges that it is familiar with the provisions of the Redlands
Municipal Code and the State Subdivision Map Act (Govemment Code sections 66410 et seq )
and agrees to comply therewith, and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the Redlands
Municipal Code and the State Subdivision Map Act, and has been filed by Subdivider for
consideration by the City Council of City,
dim \subdtvIslon pence
NOW. THEREFORE in fulfillment of the conditions of approval for the Subdivision and
in consideration of the mutual promises contained herein the Parties hereto agree as follows
l Definition and Ownership of Improv ements. The Improvements include but are not
lirruted to grading, paving, construction of curbs and gutters, storm drains and sanitary sewers, water
lines, utilities, street lights and all appurtenant facilities associated with the Subdivision that are
shown in the plans, profiles and specifications (the "Improvement Plans") that have been prepared
by Subdivider's engineer and approved by City and which are attached hereto as Exhibit "A " All
Improvements constructed or installed pursuant to this Agreement shall become the property of
City, without payment therefor, upon acceptance of the Improvements by City
2 Time for Completion. Construction of the Improvements shall be completed within
twelve (12) months from the Effective Date of this Agreement In the event Subdivider fails to
complete construction of the Improvements by such date, City may require Subdivider's surety to
complete the Improvements, or Cit' may complete construction of the Improvements and recoup
its expenses for such work from Subdivider, or Subdivider's surety
3 Subdivider's Obligations to Construct Improvements Subdivider shall
a Complete the Improv ements in conformance with the Improvement Plans, provided,
however, that the Improvements shall not be deemed to be completed until accepted by the City as
provided in Section 17 hereof
b Furnish the matenals. supplies and equipment necessary for the Improvements
c Acquire and dedicate all easements and other interests in real property necessary for
construction and installation of the Improvements, or pay the cost of acquisition for such property
interests incurred by City All such easements and other interests in real property shall be free and
clear of liens and encumbrances, except those hens and encumbrances acceptable to City
Subdivider's obligations with regard to any acquisition by City of off-site easements and other
interests in real property shall be the subject of a separate agreement between Subdivider and Cite
d Install all Improvement monuments required by law prior to acceptance of the
Improvements by City
e Install permanent street name signs, conforming to City standards, before acceptance
of the Improvements by City
4 Acquisition and Dedication of Property If any of the Improvements are to be
constructed or installed on property not owned by City or Subdivider, no construction or installation
shall be commenced on such property before
d n subd v,s,,n peme 2
a An offer of dedication to Cate of appropnate easements or other interests in such
property is accepted by City. and appropnate authorization from the property owner to allow
construction or installation of the Improvements has been received, or
b The issuance by a court of competent J unsdiction pursuant to the State Eminent
Domain Law of an order of possession of such property
Nothing in this Section shall be construed as authonzing or granting an extension of time to
construct the Improvements to Subdivider
5 Secunty. Subdivider shall furnish to City good and sufficient secunty, as required
by Govemment Code Sections 66499 through 66499 10 and on forms approved by City, for the
purposes and in the amounts as follows
a. To assure faithful performance of the construction and installation obligations
descnbed rn this Agreement, a bond in the amount of 100% of the estimated cost of the
Improvements, and
b To secure payment to any contractor. subcontractor, person renting equipment or
furnishing labor and matenals for the Improvements, a bond m the amount of 100% of the estimated
cost of the Improvements. and
c To guarantee the Improvements for a penod of one (1) y ear following acceptance
thereof by City against any defective work done or matenals, delivery of good and sufficient
secunty to City in the additional amount of 25% of the estimated cost of the Improvements, and
d Subdivider shall also furnish to City good and sufficient security in the amount of
100% of the estimated cost of setting subdivision monuments for a penod of one year plus thirty
(30) days from acceptance of the Improx ements by City
The security documents shall be kept on file with the City Clerk If any secunty is replaced
by another approved secunty, the replacement shall (I) comply with all the requirements for
security in this Agreement, (2) be provided to the City Engineer to be filed with the ON Clerk, and
upon filing (3) be deemed to have been made a part of and incorporated into this Agreement Upon
provision of a replacement security with the City Engineer and filing of a replacement secunty with
the City Clerk, the former secunty may be released
6 Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement Plans, not exceeding 1.0%
of the onginal estimated cost of the Improvements, which are mutually agreed to by City and
Subdivider shall not relieve the surety of any obligations undertaken in any secunty provided for
faithful performance of this Agreement In the event such changes, alterations or additions exceed
1 0% of the ongrnal estimated cost of the Improvements, Subdivider shall provide additional secunty
dyn'',subd vision pence
for faithful performance as required by Section 5 of this Agreement for 10t}% ofthe total estimated
cost of the Improvements as changed. altered or amended
b Subdivider shall construct the Improvements in accordance with City standards in
effect at the Effective Date of this Agreement, provided, however, City reserves the nght to modify
such standards when necessary to protect the public safety or welfare or comply with applicable
Federal, State or City law If Subdivider requests and is granted an extension of time for
completion of the Improvements, City may apply the standards in effect at the time of the extension
7 Inspection Subdivider shall at all times maintain proper facilities and safe access
for inspection of the Improvements by City inspectors Upon completion of the Improvements,
Subdivider may request final inspection by the City Engineer If the City Engineer determines that
the work has been completed in accordance with this Agreement, then the City Engineer shall certify
the completion of the Improvements No Improvements shall be accepted until the Improvements
have been inspected and completed in accordance with the Improvement Plans When applicable
law requires an inspection to be made by City at a particular stage of the work of constructing and
installing the Improvements, Cit} shall be given timely notice of Subdivider's readiness for such
inspection and Subdivider shall not proceed with additional work until the inspection has been made
and the work approved Subdivider shall pay all costs of City's plan checking, inspection and
certification of the Improvements
8 Release of Securities The secunties required by this Agreement shall be released
as follows
a. Security given for faithful performance of any act, obligation, work or agreement
shall be released upon the completion and acceptance of Improvements, subject to the provisions
of subsection b , below
b The City Engineer may release a portion of the secunty given for faithful
performance of work as such work progresses upon application therefor by Subdivider, provided,
however. that no such release shall be for an amount less than 25% of the total secunty given for
faithful performance of the work and that the secunty shall not be reduced to an amount less than
50% of the total amount given for faithful performance until final completion and acceptance of the
Improvements In no event shall the City Engineer authonze any release of the secunty which
would reduce the secunty to an amount below 125% of that required to guarantee completion of the
Improvements and any other obligation imposed by this Agreement
c Secunty given to secure payment to the contractor, subcontractors and to persons
furnishing labor, matenals or equipment shall, at six (6) months after the completion and acceptance
of the work, be reduced to an amount equal to no less than 125% of the total claimed by all
claimants for whom hens have been filed and of which notice has been given to City, plus an amount
reasonably determined by the City Engineer to be required to ensure the performance of any other
obligations secured by the secunty The balance of the secunty shall be released upon the settlement
of all claims and obligations for which the secunty was given
d rn . ubdtvis n gena 4
d No security given for warranty of work shall be released until the expiration of the
warranty period and until any claims filed during the warranty penod have been settled
e City may retain, from any security released, an amount to sufficiently cover costs and
reasonable expenses and fees, including reasonable attorneys' fees
9 Injury to Improvements. Public Property or Pubhc Utilities Facilities.
Subdivider shall replace or repair, or have replaced or repaired, all Improvements, pubhc
utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result
of any work performed pursuant to this Agreement Subdivider shall bear the entire cost of
replacement or repairs of any and all public or public utility property damaged or destroyed by
reason of any work done under this Agreement, whether such property is owned by the United States
or any agency thereof, or the State of California, or any agency or political subdivision thereof, or
by City or any public or private utility corporation or by any combination of such owners Any
repair or replacement shall be to the satisfaction. and subject to the approval, of the City Engineer
Until such time as the Improvements are accepted by City, Subdivider shall be responsible
for. and bear the nsk of loss to, the Improvements City shall not, nor shall any elected official
officer or employee thereof, be liable to or responsible for any accident, loss or damage, regardless
of causes happening or occumng to the Improvements pnor to the completion and acceptance of the
Improvements All such risks shall be the responsibility of and are hereby assumed by SubdiN ider
10 Permits. Subdivider shall at Subdivider s expense obtain all necessary permits and
licenses for the construction and installation of the improvements, and give all necessary notices and
pay all fees and taxes required by law
11 Default of Subdivider
a Default of Subdiw ider shall include, but not be limited to
(1) Subdivider s failure to timely commence construction of Improvements.
(2) Subdivider's failure to timeh complete construction of the Improvements
(3) Subdivider's failure to timely cure any defect in the Improvements.
(4) Subdivider's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within
30 days
(5) The commencement of a foreclosure action against the Subdivision or a
portion thereof, or any conveyance in Lieu or in avoidance of foreclosure, or
(6) Subdivider's failure to perform any other obligation under this Agreement
b City reserves to itself all remedies available to it at law or in equity for breach of
Subdivider's obligations under this Agreement City shall have the nght, subject to this Section, to
draw upon or utilize the appropnate secunty to mitigate City's damages in the event of default by
(Tfl sui�dn 1ssc p
5
Subdivider The right of City to draw upon or utilize the security is additional to and not in lieu of
any other remedy available to City The Parties agree that the estimated costs and security amounts
may not reflect the actual cost of construction or installation of the Improvements and , therefore,
City's damages for Subdivider's default shall be measured by the cost of completing the
Improvements
In the event of Subdivider's default under this Agreement, Subdivider authonzes City to
perform such obligation twenty (20) days after mailing written notice of default to Subdivider and
Subdivider's surety, and agrees to pay the entire cost of such performance by City
City may take over the work and prosecute the same to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any excess cost of damages occasioned City thereby
In such event City, without liability for so doing, may take possession of and utilize in completing
the work, such materials, appliances, plants and other property belonging to Subdivider as may be
on the site of the work and necessary for performance of the work
c Failure of Subdivider to comply with the terms of this Agreement shall constitute
consent to the filing by City of a notice of violation against all lots within the Subdivision and to
rescind the approval or otherwise revert the Subdivision to acreage The remedy provided by this
subsection is in addition to. and not in lieu of, other remedies available to City Subdivider agrees
that the choice of remedy or remedies for Subdivider s breach shall be in the sole discretion of City
d In the event that Subdivider fails to perform any obligation hereunder, Subdivider
shall pay all costs and expenses incurred by City in securing performance of such obligation,
including but not limited to fees and charges of architects, engineers, attorney s other professionals
and court costs
e The failure of City to take enforcement action with respect to a default, or to declare
a breach, shall not be construed as a waiver of that default or breach or any subsequent default or
breach of Subdivider
12 Warranty. Subdivider shall guarantee the work done pursuant to this Agreement for
a penod of one (1) year after acceptance of Improvements by the City against any defective work
or labor done or defective matenais furnished If within the warranty penod any work or the
Improvements, or part of any work or the Improvements, furnished, installed or constructed by
Subdivider. fails to fulfill any of the requirements of the Improvement Plans, Subdivider shall
without delay and without cost to City repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or Improvements If Subdivider fails to act promptly in
accordance with the requirements of this Section, Subdivider hereby authonzes City, at City's option
to perform the work twenty (20) days after mailmg wntten notice of default to Subdivider and to
Subdivider's surety, and Subdivider shall pay the cost of such work by City Should the City
determine that protection of the public health, safety or welfare requires repairs or replacements to
be made before Subdivider can be notified, City may, in its sole discretion, make the necessary
dim'=subd4 ision pence 6
repair or replacement or perform the necessarywork and Subdivider shall pa to City the cost of
such repairs
13 Subdivider Not Agent or Employee of City. Neither Subdivider nor Subdivider's
agents, contractors or subcontractors are or shall be considered to be agents or employees of City
in connection with the performance of Subdivider's obligations under this Agreement
14 Environmental Warranty. Pnor to the acceptance of any property dedications or the
Improvements by City, Subdivider shall certify and warrant that neither the property to be dedicated
nor Subdivider are in violation of any environmental law, and that neither the property to be
dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by anv
federal, state or local governmental authonty under or in connection with environmental law
Neither Subdivider nor any third party shall use, generate. manufacture, produce or release, on,
under or about the property to be dedicated, any hazardous substance except in compliance with all
applicable environmental laws Subdivider has not caused or permitted the release of, and has no
knowledge of the release or presence of, any hazardous substance on the property to be dedicated
or the migration of any hazardous substance from or to any other property adjacent to, or in the
vicinity of, the property to be dedicated Subdivider's pnor and present use of the property to be
dedicated has not resulted in the release of any hazardous substance on the property to be dedicated
Subdivider shall give prompt wntten notice to City at the address set forth herein of
a. Anv proceeding or investigation by any federal, state or local go\ errimental authonty
with respect to the presence of any hazardous substance on the property to be dedicated or the
migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be
dedicated,
b Anv claims made or threatened by anv third part` against City or the property to be
dedicated relating to any loss or injury resulting from an hazardous substance, and
c Subdivider's discovery of any occurrence or condition on any property adjoining in
the vicinity of the property to be dedicated that could cause the property to be dedicated or any part
thereof to be subject to any restnctions on its ownership, occupancy. use for the purpose for which
it is intended, transferability or suit under any environmental law
15 Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the Parties,
or from entenng into agreements with other subdividers for the apportionment of costs of water and
sewer mains or other improvements pursuant to the provisions of City ordinances providing therefor,
nor shall anything in this Agreement commit City to any such apportionment
16 Subdivider's Obligation to Warn Public Dunng Construction. Until acceptance of
the Improvements by City, Subdivider shall give good and adequate warning to the public of each
and every dangerous condition extant in the Improvements, and shall take reasonable actions to
protect the public from such dangerous condition
dim'subdroi
P'
7
17 Acceptance of Improvements. Acceptance of ork on behalf of City shall be made
by the City after final completion and inspection of all Improvements sixty (60) days from the date
the City Engineer certifies that the work has been completed Such acceptance shall not constitute
a waiver of defects by City
18 Compliance with Laws. Subdivider and its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local law and regulations in the
performance of their obligations under this Agreement, including, but not limited to, all applicable
Labor Code and prevailing wage laws Subdivider acknowledges and agrees that City has made
Subdivider aware that the construction and installation of the Improvements may constitute a "public
work" for purposes of Section1720 et seq of the California Labor Code Subdivider, therefore,
acknowledges and agrees that it accepts full responsibility for making the determination of whether
or not such construction and installation of the Improvements constitutes a "public work" pursuant
to Section 1720 et seq and Subdivider expressly waives any nghts it may have vis-a-vis City, in
making such determination pursuant to Section 1781 of the California Labor Code
19 Insurance
a SubdiN ider's Insurance to be Pnmar'
All insurance required by this Agreement shall be maintained by Subdivider for the duration
of this Agreement and shall be pnmary with respect to City and non-contributing to any insurance
or self-insurance maintained by City Subdivider shall provide City with Certificates of Insurance
evidencing such insurance pnor to commencement of any work pursuant to this Agreement
b Worker's Compensation and Employer's Liability
1 Subdivider shall secure and maintain Worker's Compensation and Employer's
Liability insurance in force throughout the duration of the Agreement in an amount which meets the
statutory, requirement with an insurance carver acceptable to City Such insurance shall be pnmary
and non-contnbutmg to any insurance or self-insurance maintained by City City, shall be named
as an additional insured and the insurance policy shall include a provision prohibiting cancellation
or modification of the policy except upon thirty (30) days prior written notice to City Certificates
of Insurance shall be delivered to Citi pnor to the commencement of any work under this
Agreement
2 Subdivider expressly waives all nghts to subrogation against City, its elected
officials, officers and employees for losses ansing from work performed by Subdivider for City by
expressly waiving Subdivider's immunity for injunes to Subdivider's employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any
claim brought by or on behalf of any employee of Subdivider This waiver is mutually negotiated
by the Parties This subsection shall not apply to any damage resulting from the sole negligence of
City, its agents and employees To the extent any of the damages referenced herein AN ere caused by
dim subdivision pence
or resulted from the concurrent negligence of City its agents or employees, the obligations provided
herein to indemnify defend and hold harmless is valid and enforceable only to the extent of the
negligence of Subdivider, its officers, agents and employees
c Comprehensive General Liability Insurance Subdivider shall secure and maintain
in force throughout the duration of the Agreement comprehensive general liability insurance
covenng all work under this Agreement, including work done by subcontractors, with earners
acceptable to City Minimum coverage of one million dollars ($1,000,000) per occurrence and two
million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is
required City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting cancellation or modification of such policy except upon thirty (30) days prior
wntten notice to City Such insurance shall be primary and non-contnbuting to any insurance or
self-insurance maintained by City Certificates of insurance shall be delivered to City pnor to
commencement of any work pursuant to this Agreement
d Business Auto Liability Insurance Subdixider shall secure and maintain in force
throughout the duration of the Agreement business auto liability cox erage, with minimum limits of
one million ($1.000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability This coverage shall include all Subdivider owned vehicles used in
connection with the construction and installation of the Improvements the project, hired and non -
owned vehicles, and employee non -ownership vehicles City shall be named as an additional
insured and the insurance policy shall include a provision prohibiting cancellation or modification
of such policy except upon thirty (30) days prior written notice to City Such insurance shall be
pnmary and non-contnbuting to any insurance or self-insurance maintained by City Certificates
of insurance shall be delivered to City pnor to commencement of any work pursuant to this
Agreement
20 Indemnity/Hold Harmless. Neither City_ nor any elected official. officer or employee
thereof shall be liable for any injury to persons or property occasioned by reasons of the acts or
omissions of Subdivider, its agents employees, contractors and subcontractors in the performance
of this Agreement Subdivider shall protect, defend. indemnify and hold harmless from any and all
claims. demands, causes of action, liability or loss of any sort, because of, or ansing out of, acts or
omissions of Subdivider. its agents, employees, contractors and subcontractors in the performance
of this Agreement This indemnification and agreement to hold harmless shall extend to injunes to
persons and damages or taking of property resulting from the design or construction of the
Subdivision, and the Improvements as provided herein, and in addition, to adjacent property owners
as a consequence of the diversion of waters from the design and construction of public drainage
systems, streets and other public improvements Acceptance by the City of the Improvements shall
not constitute an assumption by the City of any responsibility for any damage or taking covered by
this Section City shall not be responsible for the design or construction of the property to be
dedicated or the Improvements pursuant to the Improvement Plans, regardless of any negligent
action or inaction taken by City in approving the plans or map, unless the particular Improvement
design was specifically required by City over wntten objection by Subdivider submitted to the City
Engineer before approval of the particular improvement design, which objection indicated that the
9
tsUbdnn hiOfl pence
particular Improv ement design was dangerous or defective and suggested
feasible design
eat►ve safe and
After acceptance of the improvements, Subdivider shall remain obligated to eliminate any
defect in design or dangerous condition caused by the design or construction defect, however,
Subdivider shall not be responsible for routine maintenance The provisions of this Section shall
remain in full force and effect for ten (10) years following the acceptance by the City of the
Improvements It is the intent of this Section that Subdivider shall be responsible for all liability for
design and construction of the Improvements installed or work done pursuant to this Agreement and
that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in
approving, reviewing, checking or inspecting any work or construction
Subdivider shall reimburse the City for all costs and expenses (including but not limited to
fees and charges of architects, engineers, attorneys and other professionals, and court costs) incurred
by City in enforcing the provisions of this Section
21 Personal Nature of Subdivider's Obligations All of Subdivider's obligations under
this Agreement are, and shall remain. the personal obligations of Subdivider notwithstanding anv
transfer of all or part of the property compnsing the Subdivision, and Subdivider shall not be
entitled to assign its obligations under this Agreement to anv transferee of all or part of the property_
compnsing the Subdivision or any other third party without the express wntten consent of City
22 Sale or Disposition of Subdivision Subdivider may request a novation of this
Agreement and a substitution of secunth Upon approval of the noy anon and substitution of
secunnes, Subdivider may request a release or reduction of the secunties required b} this
Agreement Nothing in the nov anon shall relieve Subdivider of the obligations under Section 21
for the work or improvement done by Subdivider
3 Time is of the Essence Tirne is of the essence in the performance of this Agreement
24 Time for Commencement of Work, Time Extensions Subdivider shall commence
construction of the Improvements not later than three (3) months after the Effective Date of this
Agreement In the e%ent good cause exists as determined by the City Engineer, the time for
commencement of construction or completion of the Improvements hereunder may be extended for
a penod or periods not exceeding a total of two additional years The extension shall be approved
m wntmg by the City Engineer Any such extension may be granted without notice to Subdivider's
surety and shall not affect the validity of this Agreement or release the surety or sureties on any
secunty given for this Agreement The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an extension Delay, other than delay in
the commencement of work, resulting from an act of City, act of God, by storm or inclement
weather, strikes, boycotts or similar political actions which prevent the conducting of work, which
Subdivider could not have reasonably foreseen, and furthermore was not caused by or contnbuted
to by Subdivider, shall constitute good cause for and extension of the time for completion As a
condition of such extension the City Engineer may require Subdivider to furnish new secunty
dimsubdnision pence
10
guaranteeing performance of this Agreement, as extended, in an increased amount to compensate
for any increase in construction costs as determined by the City Engineer
25 No Vesting of Rights. Performance by Subdivider of this Agreement shall not be
construed to vest Subdivider's nghts with respect to any change in any zoning or building law
26 Notices. All notices required under this Agreement shall be in wnting and delivered
in person or sent by mail, postage prepaid and addressed as provided in this Section Notice shall
be effective on the date it is delivered m person, or, if mailed, on the date of deposit in the United
States Mail Notices shall be addressed as follows unless a written change is filed with City
Notice to City
Notice to Subdivider
Notice to Surety
Public Works Director/City Engineer
City of Redlands
PO Box 3005
Redlands, CA 92373
Terrance & Vida Pence
1423 W State Street
Redlands CA 92373
International Fidelity Insurance Co
One Newark Center. 20th Floor
Newark, New Jersey 07102-5207
27 Se%erability The provisions of this Agreement are severable If any provision of
this Agreement is held invalid by a court of competent Junsdiction, the remainder of this Agreement
shall remain in full force and effect unless amended by written agreement of the Parties
28 Captions The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify or aid in the interpretation, construction or
meaning of any provision of this Agreement
29 Attorneys' Fees and Costs. In the event any action is commenced to enforce the
terms of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be
entitled to recovery of its reasonable attorney's fees, including fees for in-house counsel of the
Parties at rates prevailing in San Bernardino County, California.
30. Incorporation of Recitals. The recitals of this Agreement are incorporated herein
31 Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter hereof Any amendment of this Agreement shall be in wnting and
signed by the Parties
32 Interpretation This Agreement shall be governed tw and construed in accordance
with the laws of the State of California
33 Jurisdiction Junsdiction of all disputes relating to this Agreement shall be in the
Count of San Bernardino, State of California
IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein
above first wntten
SUBDIVIDER
By
Title
Tera
Title
Vicick F)1 Pce
(Notary attachment and proof of authorization
for Subdivider's signatures
required and must be attached)
/7' Pe kIce_
dpn ,subdiv Km pence
CITY OF REDLANDS
Attest('
Ci Clerk,.
e--
1?
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 September 6, 2005,
before me, Beatnce Sanchez, Deputy City Clerk, on behalf of Lorne Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler and Lome Poyzer { X} personally
known to me - or - { } 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 authonzed capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument
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WITNESS my hand and official seal
LORRIE POYZER, CITY CLERK
By
Beatnce Sanchez, Depu y City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney -In -Fact
Pnncipal(s)
Trustee(s)
Trust
Other
Title(s) Mayor and City Clerk
Entity Represented City of Redlands, a municipal corporation
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THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
Title or Type of Document Subdivision Improvement Agreement
Date of Document September 6, 2005
Signer(s) Other Than Named Above Terrance R Pence and Vida M Pence
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sai' Bernardino
On 8-23-05
DATE)
personally appeared
X
before me,
SS
Donna K Isba.m
Terrance R. Pence and Vida M Pence
(N(.rrARY)
personally known to me - OR -
OPTIONAL
The information below is not required by law Howev
edgment to an unauthorized document
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL
n CORPORATE OFFICER
E PARTNER(S)
• AF TORNEY IN FACT
E TRUSTEE(S)
C GUARDIAN/CONSERVATOR
C OTHER
SIGNER IS REPRESENTING
NAME or PERSONS OR ENTITY(IES)
SIGNER S)
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
signatures(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
AQe1
NOTARY" SIGNATURE
INFORMATION
er, it could prevent fraudulent attachment of this acknowl-
DESCRIPTION OF ATTACHED DOCUMENT
City of Redlands Subdivision Improvement
TITLE OR TYPE OF DOC UMENT Agreement
(12) Pages
NUMBER OF PAGES
DATE OF DOCUMENT
RIGHT THUMBPRINT
OF
SIGNER
OTHER
Top of thumbpr nt here
APA 5/99
VALLEY SIERRA 800-362 3169
WWriz 'TaE.
GARY L. ORSO
COUNTY OF RIVERSIDE
ASSESSOR-COLNTY CLERK -RECORDER
NOTARY CLARITY
Recorder
P0 Box 751
Riverside, CA 9.. c02-073
(909) 486 -,000
hapPnverside as .:rec cc
Under tne provisions of Government Code 27361 7, I certify under the penalty of perjury
that the notary seal on the aocument to which this statement is attached reads as
follows
Name of Notary
Commission #
Place of Execution
DONNA K ISHAM
1555994
Riverside
Date Cornmsson Expires
Date
Signature
Print Name
Feb 28, 2009
re v e
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
MINOR SUBDIVISION NO 266
PARCEL MAP 16164
Descnption Drawing No Approval Date No of Sheets
The following plans are on file in the office of the Public Works Director (PWD) and Municipal
Utilities Director (MUD)
Street Improvement Plans (PWD) 1744 -ST 06/24/04
Non -Potable Water
Improvement Plan (MUD) NP -00032 08/11/05