HomeMy WebLinkAboutContracts & Agreements_64-2000_CCv0001.pdf IMPROVEMENT AGREEMENT
This Agreement is made and entered into this 20th day of June, 2000, by and between the
City of Redlands,a municipal corporation("City"), and John L. Smith and Mary C.Smith,Trustees
of the Dan C.A. and Mary C. Smith Trust("Subdivider").
RECITALS
WHEREAS,Subdivider is the applicant for,and developer of,Tentative Tract No. 16082 of
the City of Redlands; and
WHEREAS, Subdivider has requested a waiver from the City Council of City for certain
storm drain channel improvements required by the Redlands Municipal Code ("Code") to be
constructed for Tract No. 16082; and
WHEREAS, in reliance upon the commitment of Subdivider to voluntarily undertake the
performance of certain repair work to the storm drain channel and to erect safety fencing within
Tentative Tract No. 16082 and Subdivider's promise to enter into this Agreement,the City Council
of City granted Subdivider's request for a waiver of the storm drain channel improvements required
by City's Code; and
WHEREAS,Subdivider and City desire to memorialize Subdivider's promise to perform the
repair work and erect the fencing by entering into this Agreement which shall be enforceable against
Subdivider and its heirs, assigns and successors in interest;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
such other good and valuable consideration the receipt of which is hereby acknowledged, the City
of Redlands and John L. Smith and Mary C. Smith, Trustees of the Dan C.A. and Mary C. Smith
Trust agree as follows:
AGREEMENT
1. Subdivider shall repair and upgrade the existing storm drain channel contained within
Tentative Tract No. 16082 in accordance with the requirements of Redlands'City Engineer. Such
repair and upgrading shall include retooling,pointing and sealing any and all loose rocks,cracks and
damaged areas with grout and concrete on the walls and floors of the channel. Subdivider shall not
be required to remove and replace grout and concrete determined by the City Engineer, in his sole
discretion, to be in good condition.
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2. Subdivider shall construct,or cause to be constructed,a fence consisting of wrought
iron and a minimum of five feet in height, along the entire storm drain channel length through
Tentative Tract No. 16082 and in accordance with the landscape plans required for Tentative Tract
No. 16082. Gates for the fencing shall be installed at locations designated by the City Engineer to
provide access by City for maintenance of the storm drain channel. The fencing and gates shall be
maintained in good, working condition by Subdivider. Locks for the gates will be furnished and
installed by the City.
3. Subdivider shall pay all applicable storm drain fees imposed upon Tentative Tract No.
16082 by the City prior to and as a condition of issuance of any building permits for Tentative Tract
No. 16082.
4. Subdivider shall prepare Covenants, Conditions and Restrictions which shall be
approved by Redlands'City Attorney and which shall be recorded for Tentative Tract No. 16082
which ensure that subsequent property owners of property within Tentative Tract No. 16082 are
obligated to comply with the requirements of this Agreement.
5. Subdivider acknowledges and expressly agrees that all of Subdivider's obligations
established by this Agreement shall be completed prior to Subdivider's submission of a final map
to City for Tentative Tract No. 16082.
6. Subdivider further acknowledges and expressly agrees that the City's waiver of the
storm drain channel improvements required by Code will not be effective unless and until Subdivider
satisfies its obligations under this Agreement.
7. In the event any legal 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.
8. This Agreement may be modified or amended only by written agreement of the parties
hereto.
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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.
DAN C.A. AND MARY C. SMITH TRUST
By `
o n L. Smith, Trustee
w-,
By__ �
Mary C. Trustee
CITY OF REDLANDS
4
By
Mayor
ATTEST
Lo rr' Poyzer„ y -lerk
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