HomeMy WebLinkAboutContracts & Agreements_206-2003_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/20/2003
LARRY WALKER 10:32 AM
c MA
a � Auditor/Controller — Recorder
RECORDING REQUESTED BY: ` ` 726 Chicago Title CIS—Barbara L.
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS Doc#: 2003-0871602 Titles: 1 Pages: 17
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WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O.BOX 3005
REDLANDS, CA 92373
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is effective the 4th day of November , 2003,by and between the
City of Redlands, a municipal corporation, hereinafter referred to as "City," and Bixby Land
Company, hereinafter referred to as "Subdivider."
RECITALS
WHEREAS, Subdivider is the owner or authorized developer of certain property located in
the City of Redlands generally known as Parcel Map No.15911, Minor Subdivision No. 261, (the
"Subdivision"),and Subdivider is obligated to construct certain improvements(the"Improvements")
therefor as a condition of approval of the Subdivision; and
WHEREAS,City desires to ensure that the Improvements will be constructed in a good and
workmanlike manner and in accordance with the laws of the City; and
WHEREAS,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. se_c..)
and agrees to comply therewith; and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the Redlands
Municipal Code and the State Subdivision Map Act, and has been filed by Subdivider for
consideration by the City Council of City;
NOW, THEREFORE, in consideration of the approval and acceptance by the City Council
of the City of the final map for the Subdivision, and the mutual promises contained herein, the
parties hereto agree as follows:
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1. Definition and Ownership of Improvements. The Improvements include but are not
limited to the grading,paving, construction of curbs and gutters, storm drains and sanitary sewers,
water lines,utilities, street lights, and all appurtenant facilities associated with the Subdivision that
are shown in the plans,profiles and specifications that have been prepared by Subdivider's engineer
and approved by City,and which are attached hereto as Exhibit"A." No work on the Improvements
shall be commenced by Subdivider until such plans,profiles and specifications have been approved
by City and permits issued. The cost of plan checking and inspection incurred by City shall be paid
by Subdivider. All Improvements constructed or installed pursuant to this Agreement shall become
the property of City, without payment therefor, upon acceptance of those Improvements by City.
2. Time of Completion. Construction of the Improvements shall be completed within
twelve (12) months from the date of Subdivider's execution of this Agreement. In the event
Subdivider fails to complete construction of the Improvements within that time period, 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, as
hereafter provided.
3. Subdivider's Obligations to Construct Improvements. Subdivider shall:
a. Complete, at Subdivider's own expense, all the public improvement work required
by City in conformance with approved Improvement Plans within one (1) year following the date
of this Agreement;provided,however,that the Improvements shall not be deemed to be completed
until accepted by City Engineer as provided in Section 18 herein.
b. Furnish at Subdivider's expense the necessary materials,provisions and other supplies
or equipment used for Improvements and for a payment bond with respect to such work or labor,as
required by Civil Code Section 3247, for the completion of the Improvements in conformity with
the Improvement Plans.
C. Acquire and dedicate all rights-of-way,easements,and other interests in real property
for construction and installation of the Improvements,or pay the cost of acquisition incurred by City.
All rights-of-way, easements,and other interests in real property shall be free and clear of liens and
encumbrances. The Subdivider's obligations with regard to acquisition by City of off-site rights-of-
way,easements,and other interests in real property shall be subject to a separate agreement between
Subdivider and City. Subdivider shall also be responsible for obtaining any public or private sanitary
sewer, drainage, and/or utility easements or authorization to accommodate the Subdivision.
d. Commence construction of the Improvements by the time established in Section 25
of the agreement and complete the Improvements by the deadline stated in Paragraph 3(a) above,
unless a time extension is granted by the City as authorized in Section 26.
e. Install all subdivision public improvement monuments required by law prior to formal
final acceptance of the public improvements by the City. Individual property monuments shall be
installed within one year of said acceptance.
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f. Install street name signs conforming to City standards. Permanent street name signs
shall be installed before acceptance of the improvements by the City.
4. Acquisition and Dedication of Easements or Rights-of-WgL. If any of the public
improvement and land use development work contemplated by this agreement is to be constructed
or installed on land not owned by City or Subdivider, no construction or installation shall be
commenced before:
a. The offer of dedication to City of appropriate rights-of-way, easements or other
interests in real property, and appropriate authorization from property owner to allow construction
or installation of the improvements or work, or
b. The dedication to,and acceptance by,the City of appropriate rights-of-way easements
or other interests in real property, as determined by the City Engineer, or
C. The issuance by a court of competent jurisdiction pursuant to the State Eminent
Domain Law of an order of possession. Subdivider shall comply in all respects with the order of
possession.
Nothing in Section 4 shall be construed as authorizing or granting an extension of time to the
Subdivider.
5. Security. Subdivider shall at all times guarantee Subdivider's performance by
furnishing to City and maintaining good and sufficient security as required by the Subdivision laws
in accordance with Sections 66499 through 66499.10 of the Government Code,on forms approved
by City for the purposes and in the amounts as follows:
a. To assure faithful performance of this agreement in regard to said improvements in
an amount of 100% of the estimated cost of the improvements; and
b. To secure payment to any contractor, subcontractor, person renting equipment, or
furnishing labor and materials for the improvements required to be constructed and installed pursuant
to this Agreement, Subdivider shall provide City with a bond in the amount of 50%of the estimated
cost of the improvements; and
C. To guarantee or warranty the work done pursuant to this Agreement for a period of
one (1) year following acceptance thereof by City against any defective work or labor done or
defective materials furnished in the additional amount of 10% of the estimate cost of said
improvements; and
d. Subdivider shall also furnish to City good and sufficient security in the amount of
100%of the estimated cost of setting subdivision monuments as stated previously in this Agreement
in Section 3(e) for a period of one year plus thirty(30) days from formal acceptance by the City,
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The securities required by this agreement shall be kept on file with the City Clerk. The terms
of the security documents reference in the agreement are incorporated into this agreement by this
reference. 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 filing of a replacement security with the City Clerk, the former security may be released.
6. Alterations to Improvement Plans.
a. Any changes,alterations or additions to the Improvement Plans,not exceeding 10%
of the original estimated cost of the improvements,which are mutually agreed upon by the City and
Subdivider shall not relieve the improvement security given for faithful performance of this
agreement. In the event such changes,alterations,or additions,exceed 10%of the original estimated
cost of the improvements, Subdivider shall provide improvement security for faithful performance
as required by Section 5 of the agreement for 100% of the total estimated cost of the improvement
as changed, altered, or amended,minus any completed partial releases allowed by Section 8 of this
agreement.
b. The Subdivider shall construct the improvements in accordance with City standards
in effect at the time of execution of this agreement. City reserves the right to modify the standards
applicable to the Subdivision and this agreement when necessary to protect the public safety or
welfare or comply with applicable Federal or State law or City zoning ordinances. If Subdivider
requests and is granted an extension of time for completion of the improvements, City may apply
the standards in effect at the time of the extension.
7. Inspection. Subdivider shall at all times maintain proper facilities and safe access for
inspection of the public improvements by City inspectors and to the shops wherein any work is in
preparation. Upon completion of the work the Subdivider may request a final inspection by the City
Engineer or the City Engineer's authorized representative. If the City Engineer, or the designated
representative,determines that the work has been completed in accordance with this agreement,then
the City Engineer shall certify the completion of the public improvements. No improvements shall
be finally accepted by the City Engineer unless all aspects of work have been inspected and
completed in accordance with the improvement plans. When applicable law requires an inspection
to be made by the City at a particular stage of the work of constructing and installing such
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 bear all costs of inspection and certification. No improvements shall be
deemed completed until acceptance by the City Engineer pursuant to Section 18 herein.
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8. 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 final completion and acceptance of the act or work, subject to the provisions
of subsection (b)hereof.
b. The City Engineer may release a portion of the security given for faithful performance
of improvement work as the improvement progresses upon application thereof by the Subdivider,
provided, however, that no such release shall be for an amount less than 25% of the total
improvement security given for faithful performance of the improvement work and that the security
shall not be reduced to an amount less than 50% of the total improvement given for faithful
performance until final completion and acceptance of the public improvements. In no event shall
the City Engineer authorize a release of the improvement security which would reduce the security
to an amount below 125% of that required to guarantee the completion for the improvement work
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 125%of the total claimed by all claimants
for whom liens have been filed and of which notice has been given to the City, plus an amount
reasonably determined by the City Engineer to be required to assure 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 the guarantee or warranty for work shall be released until the
expiration of the warranty period and until any claims filed during the warranty period have been
settled. As provided in Paragraph 12,the warranty period shall not commence until final acceptance
of all the work and improvements by the City Engineer.
e. The City may retain from any security released,an amount to sufficiently cover costs
and reasonable expenses and fees, including reasonable attorney's fees.
9. Injuryto Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair,or have replaced or repaired,as the case maybe,all public
improvements,public utility facilities and surveying or subdivision monuments which are destroyed
or damaged as a result of any work under 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 the
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.
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Furthermore,until such time as the improvements are accepted by City, Subdivider shall be
responsible for,and bear the risk of loss to,any of the improvements constructed or installed. Until
such item as all improvements required by this agreement are fully completed and accepted by City,
Subdivider shall be responsible for the care,maintenance of,and any damage to such improvements.
City shall not,nor shall any officer or employee thereof,be liable to or responsible for any accident,
loss or damage,regardless of cause,happening or occurring to the work or improvements specified
in this agreement prior to the completion and acceptance of the work or improvements. All such
risks shall be the responsibility of and are hereby assumed by Subdivider.
10. Permits. Subdivider shall at Subdivider's expense,obtain all necessary pen-nits and
licenses for the construction and installation of the improvements,give all necessary notices and pay
all fees and taxes required by law.
11. Default of Subdivider.
a. Default of Subdivider shall include, but not be limited to:
(1) Subdivider's failure to timely commence construction of improvements under
this agreement;
(2) Subdivider's failure to timely complete construction of the improvements;
(3) Subdivider's failure to timely cure any defect in the improvements;
(4) Subdivider's failure to perform substantial construction work for a period of
20 calendar days after commencement of the work;
(5) Subdivider's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within
30 days.
(6) The commencement of a foreclosure action against the subdivision or a
portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or
(7) Subdivider's failure to perform any other obligation under this agreement.
b. The City reserves to itself all remedies available to it at law or in equity for breach
of Subdivider's obligations under this agreement. The City shall have the right, subject to this
Section,to draw upon or utilize the appropriate security to mitigate the City's damages in the event
of default of Subdivider. The right of the City to draw upon or utilize the security is additional to
and not in lieu of any other remedy available to City. It is specifically recognized 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 th cost
of completing the required improvements. The sums provided by the improvement security may be
used by City for the completion of the public improvements in accordance with the improvement
plans and specifications contained herein.
In the event of Subdivider's default 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 agrees to pay the entire cost of such performance by City.
Bixby.",d 6
City may take over the work and prosecute the same to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any excess cost of damages occasioned City thereby.
In such event,City,without liability for so doing,may take possession of, and utilize in completing
the work, such materials, appliances,plants and other property belonging to Subdivider as may be
on the site of the work and necessary for performance of the work.
C. Failure of Subdivider to comply with the terms of this agreement shall constitute
consent to the filing by the City of a notice of violation against all the lots in the Subdivision,or to
rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this
subsection c 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 discretion of City.
d. In the event that Subdivider fails to perform any obligation hereunder, Subdivider
agrees to pay all costs and expenses incurred by City in securing performance of such obligations,
including but not limited to fees and charges of architects,engineers,attorneys,other professionals,
and court costs.
e. The failure of City to take enforcement action with respect to a default,or to declare
a breach, shall not be construed as a waiver of that default or breach or any subsequent default or
breach of Subdivider.
12. Warranty. Subdivider shall guarantee or warranty the work done pursuant to this
agreement for a period of one(1) year after final formal acceptance of this subdivision by the City
Engineer against any defective work or labor done or defective materials furnished. If within the
warranty period any work or improvement or part of any work or improvement done, furnished,
installed or constructed by Subdivider fails to fulfill any of the requirements of this agreement or the
improvement plans or specifications referred to herein, Subdivider shall without delay and without
cost to the City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts
of the work or structure. Should Subdivider fail to act promptly in accordance with this requirement,
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 agrees to pay the cost
of such work by City. Should the City determine that an urgency 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.
13. Subdivider Not Agent or Employee of City. Neither Subdivider nor Subdivider's
agents,contractors or subcontractors are or shall be considered to be agents or employees of the City
in connection with the performance of Subdivider's obligations under this agreement.
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14. Environmental Warranty. Prior to the acceptance of any dedications or 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 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 will 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.
15. Other Agreements. Nothing contained in this agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the parties,
or from entering into agreements with other Subdividers for the apportionment of costs of water and
sewer mains, or other improvements pursuant to the provisions of the City ordinances providing
therefor, nor shall anything in this agreement commit City to any such apportionment.
16. Subdivider's Obligation to Warn Public During Construction. Until final acceptance
of the improvements, Subdivider shall give good and adequate warning to the public of each and
every dangerous condition existent in said improvements,and will take reasonable actions to protect
the public from such dangerous condition.
17. Vesting- of Ownership. Upon formal final acceptance of the work by City and
recordation of the Final Map,ownership of the improvements constructed pursuant to this agreement
shall vest in City.
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18. Final Acceptance of Work. Acceptance of work on behalf of City shall be made by
the City Engineer after final completion and inspection of all improvements pursuant to Section 7
herein. Upon the subdivision improvements being accepted by the City Engineer, and all public
improvements having been dedicated to the final map or parcel map, the City Clerk shall file an
acceptance of public improvements with the County recorder. Such acceptance shall not constitute
a waiver of defects by City.
19. Compliance with Laws. Subdivider, its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and regulations
in the performance of the improvements and land development pursuant to this agreement including
but not limited to all applicable Labor Code and prevailing wage laws.
20. Insurance.
a. Subdivider's Insurance to be Primary
All insurance required by this Agreement is to 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 within fifteen (15) days of execution of this Agreement.
b. Worker's Compensation and Employer's Liability.
1. Subdivider shall have 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. The insurance policy shall
include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written
notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of
execution of Agreement.
2. Subdivider expressly waives all rights to subrogation against the City, its
officers, employees and volunteers 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 shall not apply to any damage resulting from the sole negligence of City, its
agents and employees. To the extent any of the damages referenced herein were caused by or
resulted from the concurrent negligence of City, its agents or employees, the obligations provided
herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the
negligence of Subdivider, its officer, agents and employees.
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C. Comprehensive General Liability Insurance. Subdivider shall secure and maintain
in force throughout the duration of the Agreement 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 of said policy except upon thirty(30)days prior written notice to
the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. Certificates of insurance shall be delivered to City within fifteen(15) days of
execution of this Agreement.
d. Business Auto Liability Insurance. Subdivider shall have 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 on the project, hired and non-owned vehicles, and employee non-ownership
vehicles.
21. Indemnity/Hold Harmless. City or any officer or employee thereof shall not be liable
for any injury to persons or property occasioned by reasons of the acts or omissions of Subdivider,
its agents, employees, contractors and subcontractors in the performance of this agreement.
Subdivider further agrees to 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,except for such claims,demands,causes of action,liability or loss arising out of the sole
active negligence of the City, its officials,boards, commissions, the members thereof, agents, and
employees, including all claims, demands, causes of action, liability, or loss because of or arising
out of,in whole or in part,the design or construction of the improvements. 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 said Subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design and construction of public drainage systems, streets and other public
improvements. Acceptance by the City of the improvements shall not constitute an assumption by
the City of any responsibility for any damage or taking covered by this Section. City shall not be
responsible for the design or construction of the property to be dedicated or the improvements
pursuant to the approved improvement plans or map,regardless of any negligent action or inaction
taken by the 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.
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After acceptance of the improvements,the 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 paragraph shall
remain in full force and effect for ten (10) years following the acceptance by the City of the
improvements. It is the intent of this section that Subdivider shall be responsible for all liability for
design and construction of the improvements installed or work done pursuant to this agreement and
that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in
approving,reviewing,checking,or inspecting any work or construction. The improvement security
shall not be required to cover the provisions of this paragraph.
Subdivider shall reimburse the City for all costs and expenses (including but not limited to
fees and charges of architects,engineers,attorneys and other professionals,and court costs)incurred
by City in enforcing the provisions of this section.
22. Personal Nature of Subdivider's Obligations. All of Subdivider's obligations under
this agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer
of all or any part of the property within the Subdivision subject to this agreement, and Subdivider
shall not be entitled to assign its obligations under this agreement to any transferee of all or any part
of the property within the Subdivision or any other third party without the express written consent
of the City.
23. Sale or Disposition of Subdivision. Seller or other Subdivider may request a novation
of this agreement and a substitution of security. Upon approval of the novation and substitution of
securities, the Subdivider may request a release or reduction of the securities required by this
agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Section 23
for the work or improvement done by Subdivider.
24. Time is of the Essence. Time is of the essence in the performance of this agreement.
25. Time for Commencement of Work-, Time Extensions. Subdivider shall commence
substantial construction of the improvements required by this agreement not later than three (3)
months after the date of this agreement. In the event good cause exists as determined by the City
Engineer,the time for commencement of construction or completion ofthe improvements hereunder
may be extended for a period or periods not exceeding a total of two additional years. The extension
shall be executed in writing by the City Engineer. Any such extension maybe 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 reasonably foreseen, and furthermore were not caused by
or contributed to by Subdivider, shall constitute good cause for an extension of the time for
completion.
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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.
26. 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 or
ordinance.
27. Notices. All notices required or provided for 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
the City:
Notice to City: Public Works Director/City Engineer
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Subdivider: A. Terrance Dickens
Bixby Land Company
PO Box 2488
Newport Beach CA 90801-2488
Notice to Surety:
Hartford Fire Insurance Company
C.K. Nakamura
One Pointe Drive
Brea, CA 92822-2333
28. Severability. The provisions of this agreement are severable. In any portion of this
agreement is held invalid by a court of competent jurisdiction,the remainder of the agreement shall
remain in full force and effect unless amended or modified by mutual written consent of the parties.
29. Captions. The captions of this agreement are for convenience and reference only and
shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or
meaning of any provisions of this agreement.
30. Litiotion. In the event that suit is brought to enforce the terms of this agreement,the
prevailing party shall be entitled to litigation costs and reasonable attorney's fees.
31. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into
the terms of this agreement.
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32. Entire Au—cernent. This agreement constitutes the entire agreement of the parties with
respect to the subject matter. All modifications, amendments, or waivers of the terms of this
agreement must be in writing and signed by the appropriate representatives of the parties.
33. Interpretation. This agreement shall be interpreted in accordance with the laws of the
State of California.
34. Jurisdiction. Jurisdiction of all disputes over the terms of this agreement shall be in
the County of San Bernardino, State of California.
ll:'�tt'ujiwara\MYFILES\DEVEt.011",MS',261',,S.I.A.-Bixby.w-pd 13
IN WITNESS WHEREOF this agreement is executed by the parties as of the date herein
above first written.
Bixby Land Company City of Redlands
000"n -0-4
By: By:
Mayor
Title: President CEO
Date: Attest:
/--7)
/ "at,,�j
By:
City CIO
Title: Chief Financial Officer
Date: 1 -3
(Notary attachment and proof of authorization
for Subdivider's signatures is required and
must be attached)
11:`tfujiwara\N4YFII,,[,'SllDEVELOP",�NIS"261',,.S,I.A.-Bixby.),vpd 14
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 November 4,
2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer
I Xj 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 instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
\0 X�Wl I I WITNESS my hand and official seal.
E 04
b
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez, Deputy City "�
.4tIF00 ClCler
1111111;tll it till (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
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement
Date of Document: November 4, 2003
Signers Other Than Named Above: A. Terrance Dickens and Judith M. Hirsch (Bixby Land
Company)
^
State of California
County of Los Angeles
On October 2, 2003 beforeme. .
Date Name and Title of Officer(e»."Jane Doe,Notary pumm^)
personally appeared A. Terrance Dickens and Judith M. Hirsch .
s� personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the
PersVn(s) xvhuae namne/s> is/anm subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/+w/their
authorized oapocib/(ieg), and that by tO~their
ft signature(s) on the instrument the peraon(n), or the
KMORAM entity upon behalf of which the person(s) acted,
executed the instrument.
My Cortrim,Expires Jun 6,2007 WIT E
�hand and official seal.
OP�JONAL Signature of Notary Public
Though the information below isnot required bylaw,umay prove valuable mpersons relying onthe document and could prevent
fraudulent removal and reattachment orthis form manother document.
Description of Attached Document
Title orType ofDocument:
Document Date: Number ofPages:
________
8igner(n) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: O Individual
Individual
U
Corporate Officer
Title(s):
O
Corporate Officer
| ]
Title(s): Partner - O Limited O General
(a\�
� � O Attorney-in-Fact
O Partner - - O Limited O General
O Trustee
O Attomey-iD-Fact
O Guardian or Conservator RIGHT THUMBPRINT
O Trustee
0 Guardian o[Conservator RIGHT THUMBPRINT O [Other: upomwsn
O [)the[ OF SIGNER Top mthumb here
Top mthumb here
Signer |mRepresenting:
Signer |eRepresenting:
Signer's Name: |
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
PARCEL MAP NO. 15911 (M.S. 261)
Description Drawiny,No. Approval Date No. of Sheets
The following plans are on file in the office of the Public Works Director (PWD) and Municipal
Utilities Director(MUD):
Street Improvement Plans (PWD) 1638-ST (F1638, F1639) 03/21/03 37
Storm Drain Plans (PWD) 1638-SD (F1650) 03/21/03 14
Street Lighting Plans (PWD) 1638-SL(F 165 1) 03/04/03 9
Traffic Signal/Striping Plans (PWD) 1638-TS (F1662) 05/29/03 14
Sewer Plans (MUD) F1654 03/27/03 8
Water Plans (MUD) D60543 04/04/03 15
Non-potable Water Plans (MUD) NP000 13 03/27/03 18
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