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HomeMy WebLinkAboutContracts & Agreements_95-2006CHICAGO TITLE COMPANY 560 E HOSPITALITY LANE, SAN BERNARDINO, CALIFORNIA, 92408 (909)884-0448 Date MAY 15, 2006 CITY CLERK CITY OF REDLANDS 35 CAJON BLVD REDLANDS, CA 92373 Your RLf 1 E9TPTIVE PARCEL MAP 17604 Order No 052015206 K07 ENCLOSED PLEASE FIND A DUPLICATE MYLAR OF PARCEL MAP 17604 AND A CONFORMED COPY OF AGREEMENT, FOR YOUR REVIEW AND FILE PLEASE DO NOT HESITATE TO CALL IF YOU HAVE ANY QUESTIONS OR CONCERNS TOLL FREE 800-722-0824 X6763 DIRECT 909-381-6763 FAY 909-381-6764 E-MAIL howessactt corn THANK IOU We appreciate, this opportunity to serve, you I,tl€ OffiicLr STEVE HOWES TITPMi 10 28,95M RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO Recorded In Official Records County of San Bernardino Doc// 2006-0327976 6/1212006 1 16 PM CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) CITY OF REDLANDS DEFERRED IMPROVEMENT AGREEMENT This Deferred Improvement Agreement ("Agreement") is made this 2nd day of May, 2006 (the "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and G Louis Fletcher and Edward T Fletcher (together "Subdivider") The City and Subdivider are sometimes herein individually referred to as a "Party," and collectively, as the "Parties " RECITALS A Subdivider is the owner of property located in the City of Redlands known as Parcel Map No 17604 (the "Subdivision"), for which Subdivider is obligated to construct certain improvements (the "Improvements") required as conditions of approval of the Subdivision For purposes of this Agreement, the term "Subdivider" shall mean the Subdivider executing this Agreement and Subdivider's heirs, successors, executors, administrators and assigns, it being the intent of the Parties that Subdivider's obligations under this agreement shall run with the real property comprising the Subdivision and constitute a lien against all such property comprising the Subdivision B City desires to ensure that the Improvements will be constructed in a good and workmanlike manner and in accordance with the laws of City C Subdivider acknowledges that it is familiar with the provisions ofthe Redlands Municipal Code and the State Subdivision Map Act (Government Code sections 66410 et seq ) and agrees to comply therewith D 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 Planning Commission of City dimlagreei Deferred Improvement Agreement Tract 17694 4 25-06 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows I Recitals The foregoing recitals are true and correct and are incorporated herein by this reference 2 Definition and Ownership of Improvements. The Improvements include, but are not limited to, grading, construction of water lines, fire hydrants, the undergrounding of overhead utilities and all appurtenant facilities associated with the Subdivision that are required by the conditions of approval for the Subdivision, and which will be shown in profiles and specifications (the "Improvement Plans") that will be prepared by Subdivider's engineer and subsequently be approved by City 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 3 Time for Completion. Construction of the Improvements shall be deferred to the time when a building permit is issued by City for Parcel No 1 of Parcel Map No 17604, at which time construction of the Improvements must then be commenced within thirty (30) days of City's issuance of a written notice to proceed to Subdivider In the event Subdivider fails to complete construction of the Improvements within one hundred eighty (180) days after the date of issuance of such building permit, City may require Subdivider's surety to complete the Improvements, or City may complete construction of the Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety 4 Subdivider's Obligations to Construct Improvements Subdivider shall a Complete the Improvements in conformance with the Improvements Plans, provided, however, that the Improvements shall not be deemed to be completed until accepted by the City as provided in Section 18 hereof b Furnish the materials, 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 liens 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 City 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 djmlagreel Deferred Improvement Agreement Tract 17604 4 25.06 2 5 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 a An offer of dedication to City of appropriate easements or other interests in such property is accepted by City, and appropriate 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 jurisdiction pursuant to the State Eminent Domain Law of an order of possession of such property Nothing in this Section shall be construed as authorizing or granting an extension of time to Subdivider to construct the Improvements 6 Security. Prior to Subdivider's commencement of construction ofthe Improvements, Subdivider shall furnish to City good and sufficient security, as required by Government Code Sections 66499 through 66499 10, and on forms approved by City, for the purposes and in the amounts as follows a To ensure faithful performance of the construction and installation obligations described in this Agreement, a bond in the amount of one hundred percent (I00%) of the estimated cost of the Improvements, b To secure payment to any contractor, subcontractor, person renting equipment or furnishing labor and materials for the Improvements, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements, c To guarantee the Improvements for a period of one (1) year following acceptance thereof by City against any defective work done or materials, delivery of good and sufficient security to City in the additional amount of twenty-five percent (25%) of the estimated cost of the Improvements, and d Subdivider shall also furnish to City good and sufficient security in the amount of one hundred percent (100%) ofthe estimated cost of setting subdivision monuments for a period of one year plus thirty (30) days from acceptance of the Improvements by City The security documents shall be kept on file with the City Clerk If any security is replaced by another approved security, the replacement shall (1) comply with all the requirements for security in this Agreement, (2) be provided to the City Engineer to be filed with the City Clerk, and upon fil ing (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 the filing of a replacement security with the City Clerk, the former security may be released dimlagreel Deferred Improvement Agreement Tract 17604 4 25 06 3 7 Alterations to Improvement Plans a Any changes, alterations or additions to the Improvement Plans, not exceeding ten percent (10%) of the original 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 security provided for faithful performance of this Agreement In the event such changes, alterations or additions exceed ten percent (10%) ofthe original estimated cost ofthe Improvements, Subdivider shall provide additional security for faithful performance as required by Section 6 of this Agreement for one hundred percent (100%) of the 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 time of City's issuance of the Notice to Proceed, provided, however, City reserves the right to modify such standards when necessary to protect the public safety or welfare or comply with applicable Federal, State or City laws 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 8 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, City 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 ail costs of City's plan checking, inspection and certification of the Improvements 9 Release of Securities The securities 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 ofthe Improvements, subject to the provisions of subsection b, below b The City Engineer may release a portion of the security 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 twenty-five percent (25%) ofthe total security given for faithful performance of the work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total amount given for faithful performance until final completion and acceptance of the Improvements In no event shall the City Engineer authorize any release of the security which would reduce the security to an amount below one hundred twenty-five djm\agreel Deferred Improvement Agreement Tract 17604 4 25-06 4 percent (125%) of that required to guarantee completion of the Improvements and any other obligation imposed by this Agreement c Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials 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 one hundred twenty-five percent (125%) of the total claimed by all claimants for whom liens 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 security The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given 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 period 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 10 Injury to Improvements, Public Property or Public Utilities Facilities Subdivider shall replace or repair, or have replaced or repaired, all Improvements, public 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 Cali forma, 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 risk 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 cause, happening or occurring to the Improvements prior to the completion and acceptance ofthe Improvements All such risks shall be the responsibility of, and are hereby assumed by, Subdivider 11 Permits Subdivider shall at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation ofthe Improvements, and give all necessary notices and pay all fees and taxes required by law 12 Default of Subdivider a Default of Subdivider shall include, but not be limited to (1) Subdivider's failure to timely commence construction of Improvements, (2) Subdivider's failure to timely complete construction of the Improvements, dimlagreel Deferred Improvement Agreement Tract 17604 4-25-06 5 (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 thirty (30) days (5) The commencement ofa foreclosure action against the Subdivider or property 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 right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City's damages in the event of default by 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 c In the event of Subdivider's default of any obligation of Subdivider under this Agreement, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written notice of default to Subdivider and Subdivider's surety, and Subdivider shall 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 [table 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 d 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 Tots 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 e 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, attorneys and other professionals, and court costs f 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 djmlagreel Deferred Improvement Agreement Tract 17604 4-25-06 6 13 Warranty. Subdivider shall guarantee the work done pursuant to this Agreement for a period of one (I) year after acceptance of the Improvements by City against any defective work or labor done, or defective materials furnished If within the warranty period any work or the Improvements, or part of any work or the Improvements, furnished, installed or constructed by Subdivider, falls 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 authorizes City, at City's option to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's surety, and Subdivider shall pay the cost of such work by City Should 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 repair or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14 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 15 Environmental Warranty Prior 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 any federal, state or local governmental authority 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 prior 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 written notice to City at the address set forth herein of a Any proceeding or investigation by any federal, state or local governmental authority 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 Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any 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 restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law dim \agree\ Deferred Improvement Agreement Tract 17604 4-25-06 7 16 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 entering 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 17 Subdivider's Obligation to Warn Public During Construction Until acceptance ofthe 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 18 Acceptance of Improvements Acceptance of work on behalf of City shall be made by 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 19 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 ofthe Improvements may constitute a "public work" for purposes of California Labor Code Section 1720 et seq Subdivider, therefore, acknowledges and agrees that it accepts full responsibility for making the determination of whether or not such construction and installation ofthe Improvements constitutes a "public work" pursuant to California Labor Code Section 1720 et seq , and Subdivider expressly waives any rights it may have, vis-a-vis City, in making such determination pursuant to California Labor Code Section 1781 20 Insurance a Subdivider's Insurance to be Primary All insurance required by this Agreement shall be maintained by Subdivider for the duration of this Agreement and shall be primary 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 prior 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 ofthe Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City Such insurance shall be primary and non-contributing 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 dimlagreel Deferred Improvement Agreement Traci 17604 4 25-06 8 modification of the policy except upon thirty (30) days prior written notice to City Certificates of Insurance shall be delivered to Clty prior to the commencement of any work under this Agreement 2 Subdivider expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Subdivider for City by expressly waiving Subdivider's Immunity for injuries 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 behalfofany employee ofSubdivider This waiver is mutually negotiated by the Parties This subsection shall not apply to any damages resulting from the sole negligence of City, its employees or agents To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its employees or agents, 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, employees and agents c Comprehensive General Liability Insurance Subdivider shall secure and maintain in force throughout its construction of the Improvements comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers 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 written notice to City Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to commencement of Subdivider's construction of the Improvements d Business Auto Liability Insurance Subdivider shall secure and maintain in force throughout the duration of the Agreement business auto liability coverage, 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 primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to Subdivider's commencement of construction of the Improvements 21 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 employees, contractors, subcontractors and agents 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 arising out of, acts or omissions ofSubdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the djmlagreel Deferred Improvement Agreement Tract 17604 4 25-06 9 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 City ofthe Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this Section City shall not be responsible for the design or construction ofthe 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 written objection by Subdivider submitted to the City Engineer before approval ofthe particular Improvement design, which objection indicated that the particular Improvement design was dangerous or defective and suggested an alternative safe and feasible design 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 City of the Improvements It is the intent ofthis Section that Subdivider shall be responsible for all ltability 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 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 22 Sale or Disposition of Parcel No 1 Upon the original Subdivider's sale or other disposition of Parcel No l of Parcel Map No 17604, the original Subdivider shall be released from its obligations under this Agreement and shall be entitled to a release or reduction of the securities required by this Agreement, and the purchaser of Parcel No 1 as the successor Subdivider shall be obligated to perform all Subdivider's obligations hereunder Nothing in this section, however, shall relieve the original Subdivider of its obligations under this Agreement for any work done by the original Subdivider prior to such sale or disposition 23 Time is of the Essence Time is of the essence in the performance ofthis Agreement 24 Time for Commencement of Work, Time Extensions In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Improvements hereunder may be extended The extension shall be approved in writing by the City Engineer Any such extension may be granted without notice to Subdividerrs surety and shall not affect the validity of this Agreement or release the surety or sureties on any security 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 djmlagreel Deferred Improvement Agreement Tract 17604 4-25-06 10 reasonably foreseen, and furthermore was not caused by or contributed 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 security 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 rights with respect to any change in any zoning or building law 26 Notices All notices required under this Agreement shall be in writing 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 in 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 Public Works Director/City Engineer City of Redlands PO Box 3005 Redlands, CA 92373 G Louis Fletcher and Edward T Fletcher 1910 Country Club Lane Redlands, CA 92373 27 Severability The provisions ofthis Agreement are severable Ifany provision of this Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect unless to do so would deprive a Party of a material benefit of its bargain for entering into this Agreement 28 Captions The captions ofthis 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 Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof Any amendment ofthis Agreement shall be in writing and signed by the Parties 31 interpretation This Agreement shall be governed by and construed in accordance with the laws of the State of California djm\agreel Deferred improvement Agreement Tracy 17604 4-25 06 11 32 Assignment Subdivider shall not be entitled to assign its obli Agreement, except as provided in Section 22 hereof, without the express prior City IN WITNESS WHEREOF this agreement is executed by the Parties as above first written SUBDIVIDER By By f Bi (Notary a ac me td ��ipr�ot'of authorization for Subdivider's signatures required and must be attached) CITY OF REDLANDS By Jo gations under this written consent of Attest( djmlagreel Deterred Improvement Agreement Tract 17604 4 25-06 arrison, Mayor of the date herein Lore Poyzer, k 12 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 May 2, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lome Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lorne 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 an their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument o1111{ 1l E ! i lll%/ ,� € 0� , WITNESS my hand and official seal ca '�GaBPOR4rFQi4tJ3 r LORRIE POYZER, CITY CLERK * 1888* _�- k ,"14 /FOF{�P��``�` Teresa Ballinger, Assistant City Clerk bio Itittiii ��`` (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 Principal(s) Trustee(s) Trust { x } Other Title(s) Mayor and City Clerk Entity Represented City of Redlands, a municipal corporation f1/r1�l�lr �Jl'!(�Jl/.1JN�"�INNe1JNNrVrVr�J�VNNf1�AJf'�Jlv//1J�1I�1Ie'�JrVrVNrV�v�V1"�Jr1/f'ti�I'rJf1�P�J!'�JfVP+J THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document. Deferred Improvement Agreement Date of Document May 2, 2006 Signer(s) Other Than Named Above G Louis Fletcher and Edward T Fletcher, Jr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •.-- • .•w".":•wt •�•.9;..-•..re�..•wt. r• State of California County of •Qii On (' .tJ �S 11 zck36, before me, Datil personally appeared J u 4-5 C WATSON Comm #1C3633 ►r(�� H01ARY PUBLIC CAItiORNIA UJ Son 6etnard(no County ". My Comm Expires Apri[25 2001 `` s . •ate• .Vol:, ,0/7:;4.4:� r I. d (e.g aIy Public') Name and Tale at Officer (e.g Jane �] aor ry Pu6licj Noma(e) oI Sigoor(5) O personally known to me f . proved to me on the basis of satisfactory /evidence to be the person(,s'J whose name(X is/0 subscribed to the within instrument and acknowledged to me that he/sAthpl executed the same in his/hpf/tf fr authorized capacity(#), and that by his/hpfftI r signature0 on the instrument the person(,ss, or the entity upon behalf of which the person a`j acted, executed the instrument WITNESS my hand and official seal 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 D 1b ly1ru(,.}'C.tgitu Document Date # -0/ - 4 Number of Pages f� 4 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Narne O Individual O Corporate Officer — Title(s) O Partner —0 Limited 0 General © Attorney in Fact O Trustee © Guardian or Conservator O Other Signer Is Representing 9 9 v G���.�3C_-��C�•�t-73"'-�':�-�-3aC:✓�•3"'�y'��:`-7tC_�"✓:�r�•;,7��+��.�'X'�r�2�,7rn"�6�-? �.�sC._�:�'•�'h_�3�a;': ��✓���:?`:�C�.r�v4�_✓i� 0 1999 National Notary Association 9350 Do Solo Ave PO. Box 2402 Chatsworth CA 91313-2402 www.netianalnotaryo g Prod No 5907 Reorder Call Toll•Free 1.800.976-5827 ,L.v 1 r„rL. uL.L.ry I 1 1 1LU INTO A FEF, rrui. uvICr=,r_01.D rlrtI SOUTHERN CALIFORNIA EDISON COMPANY, THE OWNER OF AN EASEMENT FOR DISTRIBUTING ELECTRICAL ENERG AND FOR TRANSMITTING INTELLIGENCE BY ELECTRICAL MEANS AS DISCLOSED BY DOCUMENT RECORDED FEBRIJAR1 11, 2004 AS DOCUMENT NO 2004-0103143, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO SAID EASEMENT 15 DELINEATED ON THE ANNEXED MAP rc corner (Tap 0 17(0cL Recorded in Official Records, County of San Bernardino Docll 2006-0327954 511212006 1 02 PM SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBE`, Ni O,,, • , THIS / j1/DAti OF Hiy� , 2006 AT /,79.,A1 IN BOOKa/3 OF / 'L/& M AT PAGE(S) W -7-0--(E-- Al THE REQUEST OF C-ItrC�c,g eAy IN THE AMOUNT OF $ q ! •er LARRY WALKER AUDI TOR—CONTROLLER /RECORDER COUNTY OF SAN BERNARDINO D PUTY R CORDER RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) CITY OF REDLANDS DEFERRED IMPROVEMENT AGREEMENT This Deferred Improvement Agreement ("Agreement") is made this 2nd day of May, 2006 (the "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and G Louis Fletcher and Edward T Fletcher (together "Subdivider"). The City and Subdivider are sometimes herein individually referred to as a "Party," and collectively, as the "Parties " RECITALS A Subdivider is the owner of property located in the City of Redlands known as Parcel Map No 17604 (the "Subdivision"), for which Subdivider is obligated to construct certain improvements (the "Improvements") required as conditions of approval of the Subdivision For purposes of this Agreement, the term "Subdivider" shall mean the Subdivider executing this Agreement and Subdivider's heirs, successors, executors, administrators and assigns, it being the intent ofthe Parties that Subdivider's obligations under this agreement shall run with the real property comprising the Subdivision and constitute a lien against all such property comprising the Subdivision 13 City desires to ensure that the Improvements will be constructed in a good and workmanlike manner and in accordance with the laws of City C Subdivider acknowledges that it is familiar with the provisions ofthe Redlands Municipal Code and the State Subdivision Map Act (Government Code sections 66410 et seq ) and agrees to comply therewith D 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 Planning Commission of City dimlagreel Deferred Improvement Agreement Tract 17604 4 25 06 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows 1 Recitals The foregoing recitals are true and correct and are Incorporated herein by this reference 2 Definition and Ownership of Improvements The Improvements include, but are not limited to, grading, construction of water lines, fire hydrants, the undergrounding of overhead utilities and all appurtenant facilities associated with the Subdivision that are required by the conditions of approval for the Subdivision, and which will be shown in profiles and specifications (the "Improvement Plans") that will be prepared by Subdivider's engineer and subsequently be approved by City 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. 3 Time for Completion Construction ofthe Improvements shall be deferred to the time when a building permit is issued by City for Parcel No 1 of Parcel Map No 17604, at which time construction of the Improvements must then be commenced within thirty (30) days of City's issuance of a written notice to proceed to Subdivider In the event Subdivider fails to complete construction of the Improvements within one hundred eighty (180) days after the date of issuance of such building permit, City may require Subdivider's surety to complete the Improvements, or City may complete construction of the Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety 4 Subdivider's Obligations to Construct Improvements Subdivider shall. a Complete the Improvements in conformance with the Improvements Plans, provided, however, that the Improvements shall not be deemed to be completed until accepted by the City as provided in Section 18 hereof b Furnish the materials, 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 to real property shall be free and clear of liens and encumbrances, except those liens 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 City. 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 dim\agree\ Deterred Improvement Agreement Tract 17664 4 25-06 2 5. 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. a An offer of dedication to City of appropriate easements or other interests in such property is accepted by City, and appropriate 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 jurisdiction pursuant to the State Eminent Domain Law of an order of possession of such property. Nothing in this Section shall be construed as authorizing or granting an extension of time to Subdivider to construct the Improvements 6 Security. Prior to Subdivider's commencement of construction ofthe Improvements, Subdivider shall furnish to City good and sufficient security, as required by Government Code Sections 66499 through 66499 10, and on forms approved by City, for the purposes and in the amounts as follows a To ensure faithful performance of the construction and installation obligations described in this Agreement, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements, b To secure payment to any contractor, subcontractor, person renting equipment or furnishing labor and materials for the Improvements, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements, c To guarantee the Improvements for a period of one (1) year following acceptance thereof by City against any defective work done or materials, delivery of good and sufficient security to City in the additional amount of twenty-five percent (25%) of the estimated cost of the Improvements, and d Subdivider shall also furnish to City good and sufficient security in the amount ofone hundred percent (100%) of the estimated cost of setting subdivision monuments for a period of one year plus thirty (30) days from acceptance of the Improvements by City The security documents shall be kept on file with the City Clerk If any security is replaced by another approved security, the replacement shall (1) comply with all the requirements for security in this Agreement, (2) be provided to the City Engineer to be filed with the City 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 the filing of a replacement security with the City Clerk, the former security may be released dimlag reel Deferred Improvement Agreement Tract 176044 25-06 3 7 Alterations to Improvement Plans a Any changes, alterations or additions to the Improvement Plans, not exceeding ten percent (10%) of the of iginal 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 security provided for faithful performance of this Agreement In the event such changes, alterations or additions exceed ten percent (10%) of the original estimated cost of the Improvements, Subdivider shall provide additional security for faithful performance as required by Section 6 of this Agreement for one hundred percent (100%) of the 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 time of City's issuance of the Notice to Proceed, provided, however, City reserves the right to modify such standards when necessary to protect the public safety or welfare or comply with applicable Federal, State or City laws If Subdivider requests and is granted an extension oftime for completion ofthe Improvements, City may apply the standards in effect at the time ofthe extension 8 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, City 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 9 Release of Securities The securities 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 the Improvements, subject to the provisions of subsection b, below b The City Engineer may release a portion of the security 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 twenty-five percent (25%) ofthe total security given for faithful performance of the work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total amount given for faithful performance until final completion and acceptance ofthe Improvements In no event shall the City Engineer authorize any release of the security which would reduce the security to an amount below one hundred twenty-five djmlagreel Deferred Improvement Agreement Tract 17604 4 25.06 4 percent (125%) of that required to guarantee completion of the Improvements and any other obligation imposed by this Agreement c Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after the completion and acceptance of the work, be reduced to an amount equal to no Tess than one hundred twenty-five percent (125%) of the total claimed by all claimants for whom liens 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 security The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. 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 period 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. 10 Injury to Improvements, Public Property or Public Utilities Facilities Subdivider shall replace or repair, or have replaced or repaired, all Improvements, public 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 risk of Toss 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 cause, happening or occurring to the Improvements prior to the completion and acceptance ofthe Improvements All such risks shall be the responsibility of, and are hereby assumed by, Subdivider 11 Permits Subdivider shall at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation ofthe Improvements, and give all necessary notices and pay all fees and taxes required by law 12 Default of Subdivider a Default of Subdivider shall include, but not be limited to (1) Subdivider's failure to timely commence construction of improvements, (2) Subdivider's failure to timely complete construction of the Improvements, dimlagreel Deferred improvement Agreement Tract 17604 4 25 06 5 (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 thirty (30) days (5) The commencement of a foreclosure action against the Subdivider or property 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 right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City's damages in the event of default by 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 c In the event of Subdivider's default of any obligation of Subdivider under this Agreement, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written notice of default to Subdivider and Subdivider's surety, and Subdivider shall 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 d 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. e 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, attorneys and other professionals, and court costs f 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. djmlagreel Deferred Improvement Agreement Traci 17604 4 25-06 6 13 Warranty Subdivider shall guarantee the work done pursuant to this Agreement for a period of one (1) year after acceptance of the Improvements by City against any defective work or labor done, or defective materials furnished If within the warranty period 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 authorizes City, at City's option to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's surety, and Subdivider shall pay the cost ofsuch work by City Should 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 repair or replacement or perform the necessary work and Subdivider shall pay to City the cost ofsuch repairs. 14 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 15. Environmental Warranty. Prior 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 any federal, state or local governmental authority 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 prior 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 written notice to City at the address set forth herein of. a Any proceeding or investigation by any federal, state or local governmental authority 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 Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any 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 restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law djmlagree1 Deferred Improvement Agreement Tract 17604 4 25-06 7 16 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 entering 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 17 Subdivider's Obligation to Warn Public During 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 18 Acceptance of Improvements. Acceptance of work on behalf of City shall be made by 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 19 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 ofthe Improvements may constitute a "public work" for purposes of California Labor Code Section 1720 et seq Subdivider, therefore, acknowledges and agrees that it accepts full responsibility for making the determination of whether or not such construction and installation ofthe Improvements constitutes a "public work" pursuant to California Labor Code Section 1720 et seq , and Subdivider expressly waives any rights it may have, vis-a-vis City, in making such determination pursuant to California Labor Code Section 1781 20 Insurance. a. Subdivider's Insurance to be Primary All insurance required by this Agreement shall be maintained by Subdivider for the duration of this Agreement and shall be primary 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 prior 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 carrier acceptable to City Such insurance shall be primary and non-contributing 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 djmlagreel Deferred Improvement Agreement Traci 17604 4 25-06 8 modification of the policy except upon thirty (30) days prior written notice to City Certificates of Insurance shall be delivered to City prior to the commencement of any work under this Agreement. 2 Subdivider expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Subdivider for City by expressly waiving Subdivider's immunity for injuries 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 behalfofany employee of Subdivider This waiver is mutually negotiated by the Parties This subsection shall not apply to any damages resulting from the sole negligence of City, its employees or agents To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its employees or agents, 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, employees and agents c Comprehensive General Liability Insurance Subdivider shall secure and maintain in force throughout its construction of the Improvements comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers 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 written notice to City. Such insurance shall be primary and non-contributtng to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to commencement of Subdivider's construction of the Improvements d Business Auto Liability Insurance Subdivider shall secure and maintain in force throughout the duration of the Agreement business auto liability coverage, 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 primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to Subdivider's commencement of construction of the Improvements 21 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 employees, contractors, subcontractors and agents 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 arising 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 injuries to persons and damages or taking of property resulting from the design or construction of the djmlagreel Deferred Improvement Agreement Tract 17604 4 25 06 9 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 City of the Improvements shall not constitute an assumption by 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 written objection by Subdivider submitted to the City Engineer before approval of the particular Improvement design, which objection indicated that the particular Improvement design was dangerous or defective and suggested an alternative safe and feasible design 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 City of the Improvements It is the intent of this Section that Subdivider shall be responsible for all liability for design and construction ofthe 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 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 22 Sale or Disposition of Parcel No. I. Upon the original Subdivider's sale or other disposition of Parcel No 1 of Parcel Map No 17604, the original Subdivider shall be released from its obligations under this Agreement and shall be entitled to a release or reduction of the securities required by this Agreement, and the purchaser of Parcel No 1 as the successor Subdivider shall be obligated to perform all Subdivider's obligations hereunder Nothing in this section, however, shall relieve the original Subdivider of its obligations under this Agreement for any work done by the original Subdivider prior to such sale or disposition 23 Time is ofthe Essence. Time is ofthe essence in the performance of this Agreement 24. Time for Commencement of Work, Time Extensions. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Improvements hereunder may be extended The extension shall be approved in writing 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 security 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 djmlagreel Deferred Improvement Agreement Tract 17604 4-25-06 10 reasonably foreseen, and furthermore was not caused by or contributed 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 security 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 rights with respect to any change in any zoning of building law 26 Notices All notices required under this Agreement shall be in writing 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 in 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 Public Works Director/City Engineer City of Redlands PO Box 3005 Redlands, CA 92373 G Louis Fletcher and Edward T Fletcher 1910 Country Club Lane Redlands, CA 92373 27 Severability The provisions ofthis Agreement are severable If any provision ofthis Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect unless to do so would deprive a Party of a material benefit of its bargain for entering into this Agreement 28 Captions The captions ofthis 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 Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof Any amendment ofthis Agreement shall be in writing and signed by the Parties 31 Interpretation This Agreement shall be governed by and construed in accordance with the laws of the State of California djmlagreel Deferred improvement Agreement Tract 17604 4 25 06 11 32 Assignment Subdivider shall not be entitled to assign its obligations under this Agreement, except as provided in Section 22 hereof, without the express prior written consent of City IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein above first written SUBDIVIDER By By &/e/fare-zi 7244k. Tit* dye (Notary a `achmer�t idprr�ot of authorization for Subdivider's signatures required and must be attached) CITY OF REDLANDS By on Harrison, Mayor Attest djmtagree\ Deferred Improvement Agreement Tract 17604 4-25-06 o ie Poyzer, lerk 12 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 May 2, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lorrie 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 m their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument WITNESS my hand and official seal LORRIE POYZER, CITY CLERK By Teresa Ballinger, Assistant City Clerk (909)798-7531 P`M'vJPv/Nl',JPti,PsJrVI-.-JI•--/N/1/Ni1Ii1Ii1JNPrJi1JrVrVf-sJ/VNIv/-•.-lnoNn,lVl---1F---!o-,wr---/Nr1/£,JNr .Jr Jf-J -,d CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney -In -Fact Principal(s) Trustee(s) Trust Other Title(s) Mayor and City Clerk Entity Represented City of Redlands, a municipal corporation NrVrVr`IrVrVr,Jr-..-Ar\Jr`V,,JNr,....lVrVfl,ll+11,I1VI1/I1,r,"M1Jr..JrVrv/rVNrt/rVIVrVrVI,.JNI,Jr,Jf"..JN/.sNVNr e THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document. Deferred Improvement Agreement Date of Document May 2, 2006 Signer(s) Other Than Named Above G Louis Fletcher and Edward T Fletcher, Jr MIGHTTHUI OF SIG PRINT Top of Thumb here 4 i 4 • • s/agij CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sa tr �- V7. •� -r,*✓: e • w; • ios• ,,• • •� rt, : • State of California County of ^=,..04 ss a.'11/1,,,`•.V;..••••r. •. • .Q. On (1/94A., ze b before me, ca-- ✓r- n* } Dater Name and Tiffe of officer (e.g Jane Do , ary Pu6liC} personally appeared 4c( 13 PefcfcE� , C WATSON �p(k. Comm #1413633 !!�� Vi > NOTARY PUBLIC CALIFORNIA w -0.. San B.rnaidino County . mist My Com ExptlesAptiI25,2007 T Name(s) of Signer(s) 0 personally known to me proved to me on the basis of satisfactory /evidence to be the person(,s'j whose name(rsi is/0 subscribed to the within instrument and acknowledged to me that heisjAth,0 executed the same in his/hef/tljr authorized capacityO, and that by his/hpf/th.dir signature on the instrument the person(', or the entity upon behalf of which the person,(s`f acted, executed the instrument WITNESS my hand and official seal 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 n Title or Type of Document Di--161211-Ed D.ied ,(F �,ti�.. " Cc Document Date 9/ Number Number of Pages lam. tt4 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General O Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 0 1999 Narwnal Notary Association 9350 De Solo Ave P.0 Sox 2402 Chatsworth CA 91313.2402 • www.nalionalnotary.arg Prod No 5907 Reorder Calf Toll•Fsee 1-900-8766827 RECORDING REQUESTED BY CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL TO G LOUIS FLETCHER 1910 COUNTRY CLUB LANE REDALNDS, CA 92373 L _ J Escrow No Ord_r No, 52015206 - Ka7 Recorded In official Records County of San Bernardino ie e:ev e 310712008 LARRY WALKER 80 AM SG Auditor/Controller — Recorder 726 Chicago Title Company -- CIS NO 2006— 0153797 11 11 11 TENTATIVE PARCEL MAP 17604 1 11 1 1 Titles 1 Pages 3 Fees 14 00 Taxes 0 00 ether 1 00 PRI() slS 00 SPACE A0OVE THIS UNE FOR RECORDER'S USE Assessor s Parcel No: 176-182-17 POWER OF ATTORNEY (Special) WARNING. THIS DOCUMENT GIVES YOUR ATTORNEY -IN FACT THE POWER TO ACT FOR YOU IN ANY WAY YOU COULD ACT FOR YOURSELF IT MAY BE IN YOUR BEST INTEREST TO CONSULT WITH AN ATTORNEY TO EXPLAIN ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY AT ANY TIME KNOW ALL MEN BY THESE PRESENTS "1 hat I, EDWARD T FLETCHER, JR the undersigned (jointlr and severally, if more than one), do hereby appoint GEORGE LOUIS 11'LETCHER as my exclusive, true and lawful Attorney in Fact in my capacity, for me and in my name, continuing until 5 00 p m (P S T) on 46-65 $'fi4 r2C4,6 when this power shall cxpirc, for the special and limited purpose(s) of (E.g , Escrow Number, Purchase Sale Exchange Refinance elc Indicate your seiccluon(s) above.) with respect to the following described real property in the County of SAN BERNARDINO SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE more commonly known as REDLANDS CALI FORNIA State of California For such limited and special purposes, said Attorney(s) is/are hereby authorised in Principal's name, and for Principal s use and benefit (A) to loan advance, defer payment of, demand, sue for, collect, and receive all sums of money, debts, accounts, legacies, bequests, interests, dividends, annuities, and demands as are now or shall hereafter become due, owing, payable, or belonging to Principal, and take all lawful means in the name of Principal for the recovery thereof and to compromise the same, and give satisfaction, releases or discharges for the same, (continued on page 2) PORT.oa/17 9 bk Order No 52015206 1(07 POWER OF ATTORNEY (Special) continued page 2 Aeoeesor'8 Parcel No 176-182-17 (B) to buy and sell land, exchange, mortgage, hypothecate, foreclose, assign, transfer, convey and in any lawful manner deal in and with land, make contracts of every kind relative to land, any interests therein or the possession thereof, and take possession and exercise control over the use thereof, to buy, sell, exchange, mortgage, hypothecate, foreclose, assign, transfer, convey and in any lawful mariner deal in and with goods, wares, and merchandise, choses in action, certificates or shares of capital stock, and other property in possession or in action, and to make, do, and transact all and every kind of business of whatever nature, to execute, acknowledge and deliver contracts of sale, escrow instructions, deeds, leases (including both oil and gas and community oil and gas leases), assignments of leases, covenants, agreements, assignments of agreements, mortgages, assignments of mortgages, conveyances in trust to secure indebtedness or other obligations, and assign the beneficial interest thereunder, subordinations of hens or encumbrances, indemnities, bills of lading, bills, bonds, notes, receipts, evidences of debt, requests for partial or full reconveyance of deeds of trust, releases and satisfactions of mortgages, judgments, and other debts, and other instruments in writing of whatever kind and nature, all upon such terms and conditions and under such covenants as said Attorney shall provide (C) (D) GIVING AND GRANTING to said Attorney full power and authority to do all and every act and thing whatsoever requisite and necessary to be done relative to any of the foregoing as fully to all intents and purposes as Principal might or could do if personally present All that said Attorney shall lawfully do or cause to be done under the authority of this Power of Attorney is expressly approved, ratified and confirmed Dated ! >tp,r2,cit 2006 STATE OF CALIFORNIA COUNTY OF CAN Dc DIeJO } s s On''h/Lif,/iLd O% v vo6p before me, r4Iz,I -Yrs/ S a Notary Public in and for said County and State, personalty appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person} whose name is aide subscribed to the within instrument and acknowledged to me that'itey: «.. executed the same rn is hsy4Fre,r authorized capacity(fi4), and that b t ttanir signature 01 n the instrument the person() or the entity upon behalf of which the person acted executed the rnstrument WITNESS my hand and official seal NOTARY'S SIGNATURE POAT2-08/17/946k EDWARD T FLETCHER JR 4 MARILYN SEARS Commisslon # 1579105 Notary Public California Los Angeles County My Comm Expires May 15, 2009 (This area for official nolanal seal or stamp) EXHIBIT A THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 3 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS COMMENCING AT A POINT MARKED BY A STAKE AND IRON PIPE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, DISTANT NORTH 0° 42' WEST 323 7 FEET FROM THE IRON PIPE MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 1, THENCE SOUTH 77° 08' EAST 88 41 FEET (RECORDED 88.85 FEET) TO AN IRON PIPE MARKING THE NORTHEASTERLY CORNER OF LOT 14-A IN TRACT NO 2261 ADDITION NO 4, COUNTRY CLUB PARK, AS PER PLAT THEREOF RECORDED IN BOOK 32 OF MAPS, PAGES 40 AND 41 RECORDS OF SAID COUNTY; FOR TRUE POINT OF BEGINNING; THENCE SOUTH 11° 58' EAST 72.39 FEET TO A POINT IN THE NORTHERLY LINE OF SIERRA VISTA DRIVE, AS SHOWN ON MAP OF SAID TRACT NO. 2261, BEING ON A CURVE CONCAVE TO THE NORTH AND WHOSE INITIAL TANGENT BEARS SOUTH 63° 29' EAST, THENCE ALONG SAID CURVE THROUGH AN ANGLE OF 21° 50' A DISTANCE OF 48 75 FEET TO END OF SAID CURVE, THENCE SOUTH 4° 00' EAST 30 40 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID SIERRA VISTA DRIVE WITH THE EASTERLY LINE 0P ELDER ROAD, AS SHOWN ON SAID MAP, AND BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 18 44 FEET, THENCE ALONG SAID CURVE THROUGH AN ANGLE OF 73° 34' A DISTANCE OF 23 93 FEET TO THE END OF SAID CURVE ON THE EASTERLY LINE OF SAID ELDER ROAD; THENCE SOUTH 11° 58' EAST ALONG THE EASTERLY LINE OF SAID ROAD, 168 12 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, THENCE NORTH 89° 39' 30" EAST 580 03 FEET TO CERTAIN PARCEL OF LAND CONVEYED TO RICHARD E HUSBAND AND WIFE, BY DEED FROM UNIVERSITY OF APRIL 22 1946, AND RECORDED MAY 16 1946 IN THE SOUTHWEST CORNER OF THAT ABBOTT AND EVA D ABBOTT, REDLANDS, A CORPORATION, DATED BOOK 1901, PAGE 181, OFFICIAL RECORDS, THENCE NORTH 7° 54' 30" EAST, 177 0 FEET TO THE NORTHWEST CORNER OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO ABBOTT, THENCE SOUTH 85° 58' 30" WEST (RECORDED SOUTH 85° 16' WEST) 143 45 FEET TO AN ' ANGLE POINT IN THE SOUTH BOUNDARY OF THE PARCEL OF LAND CONVEYED TO REDLANDS GOLF AND TENNIS ASSOCIATION BY DEED FROM UNIVERSITY OF REDLANDS, DATED JANUARY 7, 1953 AND RECORDED JANUARY 15, 1953 IN BOOK 3088, PAGE 54 OFFICIAL RECORDS; THENCE NORTH 77° 08' WEST (RECORDED NORTH 77° 03' WEST) 561 92 FEET TO THE POINT OF BEGINNING RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 Recorded in Official Records, County of San Bernardino LARRY WALKER Auditor/Controller — Recorder 5/12/2006 115 PM DTH 726 Chicago Titlo Company --- CIS Dock 2006 — 0327976 Q Titles 1 Pages 14 Fees 47 00 Taxes 0 00 Other 1 00 PAID $48 00 (THIS SPACE FOR RECORDER'S USE ONLY) CITY OF REDLANDS DEFERRED IMPROVEMENT AGREEMENT This Deferred Improvement Agreement ("Agreement") is made this 2nd day of May, 2006 (the "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and G Louis Fletcher and Edward T. Fletcher (together "Subdivider") The City and Subdivider are sometimes herein individually referred to as a "Party," and collectively, as the "Parties " RECITALS A Subdivider is the owner of property located in the City of Redlands known as Parcel Map No 17604 (the "Subdivision"), for which Subdivider is obligated to construct certain improvements (the "Improvements") required as conditions of approval of the Subdivision For purposes of this Agreement, the term "Subdivider" shall mean the Subdivider executing this Agreement and Subdivider's heirs, successors, executors, administrators and assigns, it being the intent of the Parties that Subdivider's obligations under this agreement shall run with the real property comprising the Subdivision and constitute a lien against all such property comprising the Subdivision B City desires to ensure that the Improvements will be constructed in a good and workmanlike manner and in accordance with the laws of City C Subdivider acknowledges that it is familiar with the provisions of the Redlands Municipal Code and the State Subdivision Map Act (Government Code sections 66410 et seq ) and agrees to comply therewith D 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 Planning Commission of City dimlagreel Deferred Improvement Agreement Tract 17604 4 25 06 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows 1 Recitals The foregoing recitals are true and correct and are incorporated herein by this reference 2 Definition and Ownership of Improvements The Improvements include, but are not limited to, grading, construction of water lines, fire hydrants, the undergrounding of overhead utilities and all appurtenant facilities associated with the Subdivision that are required by the conditions of approval for the Subdivision, and which will be shown in profiles and specifications (the "Improvement Plans") that will be prepared by Subdivider's engineer and subsequently be approved by City 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 3 Time for Completion. Construction of the Improvements shall be deferred to the time when a building permit is issued by City for Parcel No 1 of Parcel Map No 17604, at which time construction of the Improvements must then be commenced within thirty (30) days of City's issuance of a written notice to proceed to Subdivider In the event Subdivider fails to complete construction of the Improvements within one hundred eighty (180) days after the date of issuance of such building permit, City may require Subdivider's surety to complete the Improvements, or City may complete construction of the Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety 4 Subdivider's Obligations to Construct Improvements Subdivider shall a Complete the Improvements in conformance with the Improvements Plans, provided, however, that the Improvements shall not be deemed to be completed until accepted by the City as provided in Section 18 hereof b Furnish the materials, 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 hens and encumbrances, except those liens 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 City d Install all Improvement monuments required by law prior to acceptance of the Improvements by City e Install permanent street naive signs, conforming to City standards, before acceptance of the Improvements by City djmlagreel Deferred Improvement Agreement Tract 17694 4 25-06 2 5 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 a An offer of dedication to City of appropriate easements or other interests in such property is accepted by City, and appropriate 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 jurisdiction pursuant to the State Eminent Domain Law of an order of possession of such property Nothing in this Section shall be construed as authorizing or granting an extension of time to Subdivider to construct the Improvements 6 Security Prior to Subdivider's commencement of construction of the Improvements, Subdivider shall furnish to City good and sufficient secui ity, as required by Government Code Sections 66499 through 66499 10, and on forms approved by City, for the purposes and in the amounts as follows a To ensure faithful performance of the construction and installation obligations described in this Agreement, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements, b To secure payment to any contractor, subcontractor, person renting equipment or furnishing labor and materials for the Improvements, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements, c To guarantee the Improvements for a period of one (1) year following acceptance thereof by City against any defective work done or materials, delivery of good and sufficient security to City in the additional amount of twenty-five percent (25%) of the estimated cost of the Improvements, and d Subdivider shall also furnish to City good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments for a period of one year plus thirty (30) days from acceptance of the Improvements by City The security documents shall be kept on file with the City Clerk If any security is replaced by another approved security, the replacement shall (1) comply with all the requirements for security in this Agreement, (2) be provided to the City Engineer to be filed with the City 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 the filing of a replacement security with the City Clerk, the former security may be released dimlagreel Deferred Improvement Agreement Tract 17604 4 25-06 3 7 Alterations to Improvement Plans a Any changes, alterations or additions to the Improvement Plans, not exceeding ten percent (1 O%) of the original 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 security provided for faithful performance of this Agreement In the event such changes, alterations or additions exceed ten percent (10%) ofthe original estimated cost of the Improvements, Subdivider shall provide additional security for faithful performance as required by Section 6 of this Agreement for one hundred percent (l00%) ofthe total estimated cost ofthe Improvements as changed, altered or amended b Subdivider shall construct the Improvements in accordance with City standards in effect at the time of City's issuance of the Notice to Proceed, provided, however, City reserves the right to modify such standards when necessary to protect the public safety or welfare or comply with applicable Federal, State or City laws. If Subdivider requests and is granted an extension of time for completion ofthe Improvements, City may apply the standards in effect at the time ofthe extension 8 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 Ifthe 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, City 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. 9 Release of Securities The securities 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 the Improvements, subject to the provisions of subsection b, below b The City Engineer may release a portion of the security 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 twenty-five percent (25%) of the total secui ity given for faithful performance of the work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total amount given for faithful performance until final completion and acceptance ofthe Improvements In no event shall the City Engineer authorize any release of the security which would reduce the security to an amount below one hundred twenty-five djmlag reel Deferred Improvement Agreement Tract 176044 25-06 4 percent (125%) of that required to guarantee completion of the Improvements and any other obligation imposed by this Agreement c Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials 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 one hundred twenty-five percent (125%) of the total claimed by all claimants for whom liens 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 security The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given 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 period 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 10 Injury to Improvements, Public Property or Public Utilities Facilities. Subdivider shall replace or repair, or have replaced or repaired, all Improvements, public 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 risk 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 cause, happening or occurring to the Improvements prior to the completion and acceptance ofthe improvements All such risks shall be the responsibility of, and are hereby assumed by, Subdivider 11 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 12 Default of Subdivider a Default of Subdivider shall include, but not be limited to (1) Subdivider's failure to timely commence construction of Improvements, (2) Subdivider's failure to timely complete construction of the Improvements, dimlagreel Deferred Improvement Agreement Tract 17604 4 25-06 5 (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 thirty (30) days (5) The commencement of a foreclosure action against the Subdivider or property 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 right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City's damages in the event of default by 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 foi Subdivider's default shall be measured by the cost of completing the Improvements c In the event of Subdivider's default of any obligation of Subdivider under this Agreement, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written notice of default to Subdividei and Subdivider's surety, and Subdivider shall 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 d 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 e 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, attorneys and other professionals, and court costs f 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 of breach of Subdivider djmlag reel Deterred Improvement Ag reement Tract 17604 4 25-06 6 13. Warranty. Subdivider shall guarantee the work done pursuant to this Agreement for a period of one (1) year after acceptance of the Improvements by City against any defective work or labor done, or defective materials furnished. If within the warranty period any work or the Improvements, or part of any work or the Improvements, furnished, installed or constructed by Subdivider, fails to fulfil 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 authorizes City, at City's option to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's surety, and Subdivider shall pay the cost of such work by City Should 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 repair 01 replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14 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 15 Environmental Warranty Prior 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 any federal, state or local governmental authority 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 ofthe 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 pi ior and present use ofthe property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated Subdivider shall give prompt written notice to City at the address set forth herein of a Any proceeding or investigation by any federal, state or local governmental authority 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 Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any 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 restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law djrnlagreel Deferred Improvement Agreement Tract 17604 4 25 06 7 16 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 entering 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 17 Subdivider's Obligation to Warn Public During Construction Until acceptance ofthe 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 18 Acceptance of Improvements Acceptance of work on behalf of City shall be made by 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 19 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 Subdividei acknowledges and agrees that City has made Subdivider aware that the construction and installation ofthe Improvements may constitute a "public work" for purposes of California Labor Code Section 1720 et seq Subdivider, therefore, acknowledges and agrees that it accepts full responsibility for making the determination of whether or not such construction and installation ofthe Improvements constitutes a "public work" pursuant to California Labor Code Section 1720 et seq , and Subdivider expressly waives any rights it may have, vis-a-vis City, in making such determination pursuant to California Labor Code Section 1781 20 Insurance. a Subdivider's Insurance to be Primary All insurance required by this Agreement shall be maintained by Subdivider for the duration ofthis Agreement and shall be primary 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 prior 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 ofthe Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City Such insurance shall be primary and non-contributing 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 djmtiagree\ Deferred Improvement Agreement Tract 17604 4 25-06 8 modification of the policy except upon thirty (30) days prior written notice to City Certificates of Insurance shall be delivered to City prior to the commencement of any work under this Agreement 2 Subdivider expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Subdivider for City by expressly waiving Subdivider's immunity for injuries 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 damages resulting from the sole negligence of City, its employees or agents To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its employees or agents, 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, employees and agents c Comprehensive General Liability Insurance Subdivider shall secure and maintain in force throughout its construction of the Improvements comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers 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 written notice to City Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to commencement of Subdivider's construction of the Improvements d Business Auto Liability Insurance Subdivider shall secure and maintain in force throughout the duration of the Agreement business auto liability coverage, 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 primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and appropriate endorsements shall be delivered to City prior to Subdivider's commencement of construction of the Improvements 21 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 employees, contractors, subcontractors and agents 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 arising 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 injuries to persons and damages or taking of property resulting from the design or construction of the djmlag reel Deferred Improvement Agreement Tract 17604 4 25-06 9 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 City of the Improvements shall not constitute an assumption by 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 written objection by Subdivider submitted to the City Engineer before approval of the particular Improvement design, which objection indicated that the particular Improvement design was dangerous or defective and suggested an alternative safe and feasible design 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 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 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 22 Sale or Disposition of Parcel No 1 Upon the original Subdivider's sale or other disposition of Parcel No 1 of Parcel Map No 17604, the original Subdivider shall be released from its obligations under this Agreement and shall be entitled to a release or reduction of the securities required by this Agreement, and the purchaser of Parcel No 1 as the successor Subdivider shall be obligated to perform all Subdivider's obligations hereunder Nothing in this section, however, shall relieve the original Subdivider of its obligations under this Agreement for any work done by the original Subdivider prior to such sale or disposition 23 Time is of the Essence Time is of the essence in the performance of this Agreement 24 Time for Commencement of Work, Time Extensions In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Improvements hereundei may be extended The extension shall be approved in writing 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 security 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 dimlagreel Deferred Improvement Agreement Tract 17604 4 25.06 10 reasonably foreseen, and furthermore was not caused by or contributed 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 security guaranteeing performance ofthis 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 rights with respect to any change in any zoning or building law 26 Notices All notices required under this Agreement shall be in writing 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 in 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 Public Works Director/City Engineer City of Redlands PO Box 3005 Redlands, CA 92373 G Louis Fletcher and Edward T Fletcher 1910 Country Club Lane Redlands, CA 92373 27 Severability The provisions of this Agreement are severable If any provision ofthis Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect unless to do so would deprive a Party of a material benefit of its bargain for entering into this Agreement 28 Captions The captions ofthis 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 Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof Any amendment ofthis Agreement shall be in writing and signed by the Parties 31 Interpretation This Agreement shall be governed by and construed in accordance with the laws of the State of California. dimlagree\ Deferred Improvement Agreement Tract 17604 4 25-06 11 32 Assignment Subdivider shall not be entitled to assign its obligations under this Agreement, except as provided in Section 22 hereof, without the express prior written consent of C ity IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein above first written SUBDIVIDER CITY OF REDLANDS By By. 6/e/Aar-el ( 7� ,dt Attest Tit* 4eceke. � (Notary a "achme id prlofof aluthorization for Subdivider's signatures required and must be attached) djmlagreel Deferred Improvement Agreement Tract 17604 4-25-06 Lor e Poyzer, 12 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 May 2, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison 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 authorized capacities and that by their signatures on the mstrument the persons, or the entity upon behalf of which the persons acted, executed the instrument 44,I�oRN‘ �f���rr1 WITNESS my hand and official seal LORRIE POYZER, CITY CLERK By Teresa Ballinger, Assistant City Clerk (909)798-7531 fIW1/f+../i1Jf1`11J"JVrtil /..»lZvi',Ar4i' /! /P'/I"+/lVrVrVf1lr.-J CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney -In -Fact Principal(s) Trustee(s) Trust Other Title(s) Mayor and City Clerk Entity Represented City of Redlands, a municipal corporation i1JrV JIIJVNJIIJ1JfVJ1JJV ItiI i1JJ1JJIJNJVf1Jl�JNNlV NfvtiJl`J/VI"��11�fVI"V�11Jf1JNr1JNi1JrV rVNrVrVrV rVf�J THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document: Deferred Improvement Agreement Date of Document May 2, 2006 Signer(s) Other Than Named Above G Louis Fletcher and Edward T Fletcher, Jr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • . ¢/a4rc ,-. ��w rev; Ste• • ., ••••.' coo•," o�•/75,:• .'I --•/74Z. •, '.•••. • • Wu. • . VS.,. 4. c a 4 4 C State of California County of On Lr'a �� cb before me / Dat personally appeared 6 Lott Z Vi - , C WATSON (44,. ,.y Comm #1413633 {°U NOTARY PUBLIC CATIFORNIA ,a Sart 9einartllno County un My Comm Expilea Apill252001 i Name and 'Re of Officer (e.g 'Jane Doary Public") Name(s) of Signers} O personally known to me A proved to me on the basis of satisfactory evidence to be the person(s'j whose name(j is/ subscribed to the within instrument and acknowledged to me that he/sp4/thi4 executed the same in his/hpf/their authorized capacity($), and that by his/hef/tsfir signaturqs1 on the instrument the person(' or the entity upon behalf of which the person,(4 acted, executed the instrument WITNESS my hand and official seal tclir Signature of Notary Public OPTIONAL Though the information below rs 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 documertt Description of Attached Document Title or Type of Document b G ‘.1---AtpRo fc 1 a Document Date 4-22/-6(0 Number of Pages /-2__Y ,L Signer(s) Other Than Named Above Capacity(les) Claimed by Signer Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner -- ❑ Limited 0 General © Attorney in -Fact O Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Vis^ r7�_ rY =ate^. _ .r'e•', + 4': �Yb" '4-.7• '° gc^s + .,-? O.ree<grVg K,V7W. .';.ge OF SIG6ER Top of thumb here ®1999 National Notary Association • 9350 Do Solo Ava PO Box 2402 Chatsworth CA 91313-2402 www.nationalnotary-org Prod No 5907 Reorder Call Toll.Free 1.800.876-6827