HomeMy WebLinkAboutContracts & Agreements_65-1998_CCv0001.pdf First Amendment to Subdivision Improvement Agreement
This First Amendment to Subdivision Improvement Agreement is made this 6th day of
October, 1998,hereinafter referred to as"First Amendment"by and between the City of Redlands,
a municipal corporation,hereinafter referred to as"City"and Elite Properties of America,Inc.,dba
Classic Pacific, hereafter referred to as "Developer."
Recitals
Whereas, Developer and City have previously entered into that certain Subdivision
Improvement Agreement dated the seventh day of October, 1997, hereinafter referred to as
"Agreement"as respects certain property situated in the City of Redlands, San Bernardino County,
California, known and described as Tract No. 14790-1; and
Whereas,City and Developer are desirous of amending said Agreement as more particularly
set forth hereinafter;
Now,therefore, in consideration of the mutual promises contained herein,as well as of the
approval and acceptance by the City Council of the City of this First Amendment,the parties hereto
mutually covenant and agree to amend said Agreement as follows:
1. Section 1. "General Requirements." A new sentence shall be added to the end of Section
I of the Agreement which shall read as follows:
Provided,however,that the time required for Developer to acquire and record off-site
water utility easements to the satisfaction of City prior to issuance of any building
permits shall be extended from the seventh day of October, 1998,to the ninth day of
September, 1999. Developer may, at its discretion, request and City may issue
building permits for all recorded lots where as minimum fire flow of 1000 gallons per
minute exists at such lots as demonstrated by a hydraulic analysis performed by a
registered professional engineer satisfactory to the City,with the exception of lots 15
and 16 of Tract 14790-1,prior to obtaining requisite ofd site water utility easements.
Developer shall not, however, be entitled to obtain an occupancy permit for any
residential lot that has received a building permit until such time as the requisite
water utility easements have been obtained and recorded, and the water system has
been installed and is fully functional with a fire flow capacity of 1500 gallons per
minute at such lot.
2. Section 3. "Time of Completion." The new sentence shall be added to the end of said
Section 3 which shall read as follows-
Provided, however, that to the extent that requisite water main easements, to the
satisfaction of City, have not been acquired, or the of-site water systems
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improvements to be made thereon have not been completed,on or before October 7,
1998,then the time for acquisition of such easements, as well as the installation of
off-site -water system improvements thereon shall be extended for an additional
period until September 9, 1999. In such event,and as to water utility improvements
only,such extension of time until September 9, 1999 shall similarly extend the time
that City, may require Developer or Developers Surety to pay the City sufficient
monies to cover City's cost in completing construction of water improvements until
September 9, 1999.
3. Reaffirmation of Agreement;Effective Date. Except to the extent that the Agreement by
and between Developer and City is amended herein for the purpose of granting Developer additional
time required in order to effect acquisition of requisite water easements and cause improvements to
be made thereon,the parties hereto hereby reaffirm said Subdivision Improvement Agreement.
Executed on October 26 1998, at Redlands, California.
City of Redlands Attest:
41
C-Willi m �
N
E. Cunt;Mingha#�ayor DeputyCity Clerk
Developer
2
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
TI41S AGREEMENT is made this 7th day of October, 1997, by and between the City of
Redlands a municipal corporation, hereinafter referred to as "City," and Elite Properties of
America, Inc., dba Classic Pacific, hereinafter referred to as "Developer."
MCITALS
WHEREAS, Developer is the owner of that certain tract of land situated in the City of
Redlands, San Bernardino County, California, generally known and described as Tract No.
14790-1 and Developer proposes to do and perform certain works of improvement (the
"Improvements") thereon as hereinafter set forth, and proposes to acquire and record certain
offsite easements (the "Easements") therefor as hereinafter set forth; and
WHEREAS, City desires to assure that the Improvements will be done in a good and
workmanlike manner and in accordance with the laws now in force and effect in the City, and
Developer declares that he is familiar with the regulations contained in the Redlands Municipal
Code and in the Subdivision Map Act [Government Code §§66410-66499.37] and agrees to
comply therewith; and
WHEREAS, a final map of said tract prepared in accordance with the provisions of the
Redlands Municipal Code and the Subdivision Map Act has been filed by Developer with City for
approval by the City Council of City; and
WHEREAS, offsite temporary construction, water utility, and ingress-egress easements
are required for an offsite watermain and appurtenant facilities, including but not limited to a
pressure reducing station, and a ssecondary access road which are required to be constructed as
part of the Improvements to serve said tract, but are not included within the boundaries of the
final map of said tract;
NOW, THEREFORE, in consideration of the approval and acceptance by the City Council
of the City of said final map and the covenants herein contained, the parties hereto mutually
covenant and agree as follows:
1. Gen=l ReQuirements. Developer shall, at its own cost and expense, construct and
complete all of the Improvements to the satisfaction of City within 12 months from the date of
execution of this Agreement at an estimated cost of Two Million Two Hundred Fifty-seven
Thousand Seven Hundred Twenty-seven Dollars ($2,257,727.00), including the cost of plan
checking and inspection, which is the estimate of the engineers acting for Developer and City.
Developer shall, at its own cost and expense, also acquire and record certain offsite water utility
and secondary access road ingress-egress easements to the satisfaction of City prior to issuance
of any building permits or sale of any lots within said tract that do not have fire ow capacity
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equivalent to 1500 gpm, and not later than 12 months from the date of execution of this
Agreement. The time for completion may be extended by the City in writing for good cause
shown by Developer. In addition Developer shall prepare a feasibility, economic and long term
management plan for the Equestrian Center.
9 Ownership��� ill'"I! " includes
2. D'! . . and ,,, .- ill!jj�i improvements,. The term "Improvements
but is not limited to: grading, paving, curbs and gutters, pathways, storm drains and sanitaxY
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and other supplies or equipment used in, upon, for, or about the performance of the work
contracted to be done, and for any work or labor thereon of any kind, for any costs of Easements,
and for a payment bond with respect to such work or labor, as required by Civil Code Section
3247.
b. All required Improvements shall be constructed under the inspection of and
subject to the approval of the City Engineer. All required Easements shall be subject to approval
by the City Engineer. The cost of inspections shall be paid by Developer.
11. prova1�by City Engineer. It is mutually agreed by the parties hereto that the City
Engineer shall have the right to reject any or all of the work to be performed under this contract
if such work does not conform with the plans and specifications mentioned herein or the
ordinances of City. Any damage to the sewer system, utilities, concrete work, street paving or
other improvements that occurs after installation shall be made good to the satisfaction of the City
Engineer by Developer before release of bond or final acceptance of completed work.
12. Obligations of Developer Notwithstanding the fact that Developer's plans and
specifications, completion of the work, and other acts are subject to approval of City, it is
understood and agreed that any approval by City thereof shall in no way relieve Developer of
satisfactorily performing said work or his obligations hereunder. The construction shall be done
strictly in accordance with the plans and specifications prepared by Developer or its engineer, with
said City standard specifications and with the provisions of the Redlands Municipal Code.
Developer warrants that its plans and specifications conform as a minimum to said City standard
specifications and with the provision of the Redlands Municipal Code and that they are adequate
to accomplish the work in a good workmanlike manner and in accordance with sound construction
practices.
13. Waw Without limiting the foregoing, Developer warrants and guarantees
materials used and workmanship performed on said work for a period of three (3) years after
completion and acceptance thereof by the City Engineer.
14. Notice of Completion Developer shall file a Notice of Completion of the
improvements herein specified and shall concurrently mail a copy to the City Engineer.
15. Relationship of Contract!2rs. It is hereby mutually covenanted and agreed by the
parties hereto that Developer's contractors are not agents of City, and that the contractors relations
to City, if any, are those of independent contractor.
16. Certification of Satisfactory Completion Upon the satisfactory completion of the
Improvements by Developer, the City Engineer shall certify that the work of said Improvements
has been satisfactorily completed.
17. Assienment. This Agreement shall not be assignable by Subdivider without the
written consent of City.
IS. Fid of Record Drawings Upon completion of the work and subsequent to the
acceptance of the work by City, the Developer shall supply City with one mylar (4mils) set of
record drawings, and copies of the recorded Easements, as certified by the County Recorder.
These drawings shall be certified as being record drawings and shall reflect the work as actually
constructed, with all changes incorporated therein.
19. Attornw' E=s. In the event any legal action is commenced to enforce or interpret
the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and
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ether relief, be entitled to the recovery of its reasonable attorneys' fees.
Executed on October 7 , 1997, at Redlands , California.
CITY OF REDLANDS ATTEST:
Mayor C' ~lerk
.DEVELOPER
Ey:
By: 770 � wi
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 14790-1
Descrip ion Drawing No Apvroval Date No of Sheets
The w eice of the IdunidD21-julities Director:
Water Improvement Plans D-60499 04/06/94 8
Tract No. 14790-1
Sewer Improvement Plans F-1450 04106/94 8
Tract No. 14790-1
Water Improvement Plans- D-60517 09/24/97 3
Supplemental
Tract No. 14790-1
The following 121 a
e e Pu c W
Street Improvement Plans F-1498 12/02/94 10
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CITY OF RED DS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
TRACT NO. 14790-1
Dgs`Lip 2Il Draw n. Nn Al=Qval L}a No Of Sheets
1he following 121ans are on file in
Water Improvement Plans - D-60517 09124197 3
Supplemental ,
Tract No. 14790-1
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