HomeMy WebLinkAboutContracts & Agreements_241-2003_CCv0001.pdf Recorded in official Records,COUntY of San Bernardino
COMMERCE flitt-K!, 12/26/2003
LARRY WALKER 10:21 AM
ev
Auditor/Controller — Recorder
RECORDING REQUESTED BY:
PUBLIC WORKS DEPARTMENT
674 Commerce Title Company
CITY OF REDLANDS
Dock 2003—0948130 Titles: 1 Pages: 16
Fees 0.00
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a
WHEN RECORDED RETURN TO: P—A—ID--$O- 0-0-
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O.BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
uar,UNLY
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made thisl
City of Redlands day of
a municipal corporation, hereinafterreferred to as ', y 2003 b and between the
C
hereinafter refei.-red to as "Subdivider." ity," and-Lentex Homes
RECITALS
WHEREAS,Subdivider is the owner or authorized developer of certain
the City of Redlands generally Property located in
obligated to construct known as Tract Na. 16408 (the "Subdivision"), and Subdivider is
approval of the certain improvements (the "IMPrOvements")
Subdivision; and
therefor as a condition of
WHEREAS, City desires to ensure that the Improvements will be constructed in a
workmanlike mEnner and in accordance with the laws of the City; and good and
WHERE..,kS,Subdivider acknowledges that it is familiar with the provisions of the
Municipal Code and the State Subdivision Map Act (Government Code ode sections 66410 et,
and agrees to COMPly therewith; and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the
Municipal Code and the State Subdivision Map Act, and has been filed bRedlands
y Subdivider for
consideration by the City Council of City;
NOW, TFIEREFORE,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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)rder: 11111 Comment:
i
1 Definition and OGvnershi of lm rovements. The Improvements i
limited to the g ading, paving, construction of curbs and tiersnclude but are not
utilities, street lights, :and all appurtenant facilities associated with the Subdivision
sewers, water lines,
Subdivision that are shown
approved by City, and which are attached hereto as Exhibit "A." O wok on the'
in the plans, profiles and specifications that have beenSubdividers engineer and
shall be commenced by Subdivider until such plans,profiles and specifications have
been approved
Improvements
by City and permits issued. The cost ofplan checking and inspection incurred b Ci shall be paid
by Subdivider. All Improvements constructed or installed pursuant to this Agreement
ll
the property of City, without payment therefor, upon acceptance of those Improvements b become
by City.
2 :Time of Com_ nl�n Construction of the Improvements shall be completed w'
twelve (12) months from the date of Subdivider's execution of this Agreement. p thin
Subdivider fail.; to complete construction of the Improvements within thattime
pe the event
require Subdividers surety to complete the Improvements,or City may complete construction y may
Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety,
as
hereafter provided. der's surety, as
3' Subdivider's ObIi ations to Construct Im rovements. Subdivider shall:
a. {complete,at Subdivider's own expense, all the public improvement work r
by City in conformance with approved Improvement PIans within one required
of this in
provided,however,that the Improvements shall not be deemed t
(1) Year following the date
until accepted by the City Engineer as provided in Section 18 herein. °be completed
b• Furnish at Subdivider's expense the necess
or equipment used for Improvements and fora a arymaterials,provisions and other supplies
required by Civi( Code Section 3247, for the completion of the ond tImpropvemeect nts in onform conformity
was
the Improvemenj:Plans. rmity with
C. Acquire and dedicate all rights-of-way,easements,and other interests in real property
for construction and installation ofthe Improvements,orpaythe cost ofacquisition incurred
All p Y
easements,and other interests in real roe arO fl by City.
encumbrances. The Subdivider's obligations with regard to acquisition by City Of off-site rights-of-
rights-Of-way,
property rty shall be free and clear of liens and
way,easements,surd other interests in real Property Subdivider and City, Subdivider shall also be responsible for ohtai t to a separate a wen
sewer, drainage, and/or utility easements or authorization to accommodategreement between
rung anypublicorprivate sanitary
the Subdivision.
d. Commence construction of the Improvements by the time established in Sec
the agreement and
un complete the Improvements by the deadline stated in Paragraph trop e,
unless a time extension is granted by the City as authorized in Section 26, Ph 1(a) above,
e• Install all subdivision public improvement monuments required by law prior to formal
final acceptance of the public impovements by the City. Individual grope mo
installed within one year of said acceptance. Property monuments shah be
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rder: 11111 Comment:
f.
Install street name signs conforming to City standards. Permanent S
shall be installed before acceptance of the improvements by the City. treet name signs
4. Ac Uisition and Dedication of Easements or Ri hts-of-Iii— If any of the ic
improvement and land use development work contemplated by this agreement is to be construpub cted
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 const
or installation of the improvements or work, or ruction
b. 7he dedication to,and acceptance by,the City ofapprop' riate rights-of-way easements
or other interests in real Property, as I 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. &cam Subdivider shall at all times guarantee S ubdivider's performance b
furnishing to City and maintaining good and sufficient security as required by the Subdivisioy
n law
in accordance with Sections 66499 through 66499.10 of the Government Code,on forms as
pproved
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°l0 of the estimated cost of the improvements; and
b. Tc 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 f011owing acceptance thereof by City against any defective work or labor done or
defective materials furnished in the additional amount of 10% of the estimated cost of said
improvements; and
d. Subdivider shall also furnish to City good and sufficient security in the amount of
100%ofthe 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
Council.
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)rder: 11111 comment:
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: I)coin ply
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 securityty
and filing of a replacement security with the City Clerk, the f with the Ci former security may be released.Engineer
6. Alterations to 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%ofthe 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 isIganted an extension of time for completion of the improvements, City may apply
the standards in effect at the time of the extension.
7. baamt—ion. 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,d,.,termines 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 Zinspection
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.
8. R(' The securities required by this agreement shall be released as
follows:
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Dx-der: 11111 Comment:
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 e
b. The City Engineer may release a portion ofthe 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 ager completion d acceptance
of the work,be reduced to an amount equal to no less than 125%o ft I an ac an
filed and of which notice has been given to the City, plus amount
for whom liens have been f f the total claimed by all claimants
tY I an am un
reasonably determined by the City Engineer to be required to assure the performan
ce of an
- The balance ofthe security shall be released upon the settlement
obligations secured by the security. Y other
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 Council.
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. hilury to Ptihlit- fm -----nts Public Property or Public Utilities Facilities.
Subdivider shall replace or repair,or have replaced or repaired,as the case may be,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.
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.
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Order: 11111 Comment:
City shall not, nor shall any officer or employee thereof, be liable I to 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 permits and
licenses for the construction and installation of the improvements,give all necessary notices and pay
all fees and taxes required by law.
11. DI&MIL2LSMh!;Ii3ddM
a. Default of Subdivider shall include, but not be limited to:
this agreement;(1) Subdivider's failure to timelycommence construction ofimprovements under
P 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
recognized 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 gnized that the estimated
y amounts may not reflect the actual cost of construction or installation of the
costs and securil I
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.
City may i;ake 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 surely shall be liable to City for any excess cost of damages occasioned City thereby.
aerials, appliances,plants and other property belonging to Subdivider may be
the work, such mz Mp g
In such event,Citi without liability for so doing,may take possession of,and utilize in co letin
on the site of the work and necessary for performance of the work. gi divi as y
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Order. 11111 Comment:
i
i
C. Failure of Subdivider to comply with the terms of this agreement shall
consent to the filing by the City of a notice of violation against all the lots in the Su constitute
rescind the approval or otherwise revert the Subdivision to acreage. The rem Provided
d b or to
d
subsection c is in addition to,and not in lieu of,other remedies available to City. Subdivider ag this
that the choice of remedy or remedies for Subdivider's breach shall be in the discretion trees
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
including but not limited to fees and charges of architects,engin ers,attorneys,other profece of such ssionals,and court costs, p sionals,
e• The failure of City to take enforcement action with respect to a default,or to decl
a breach, shall not be construed as a waiver of that default or breach or any subsequent def are
uent
breach of Subdivider. q cult or
12. `IVa---ntty 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 Cit
Council against any defective work or labor done or defective materials furnished. If withine
warranty period any work or improvement or part of any work or improvement done, furnished
installed or constructed by Subdivider fails to fulfill anyof the requirements the
improvement plans or specifications referred to herein,Subdivider shall without jdelay andagreement th the
cost to the Cityrepair or replace or reconstruct any defective or otherwise unsatisfacta y and without
of the work or structure. Should Subdivider fail to act promptly in accordance with this requirement,
ry part or parts
Subdivider hereby authorizes City, at City's opto`on to perform the work twenty 20 da
q rement,
mailing written notice ofdefault to Subdivider and to Subdivider's surety,and agrees to}a he cost
of such work by City. Should the City determine that an urgency requires repairs or replacementspost
to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary
repair or replacement orperform the necessary work and Subdivodershall
repairs. pay to City the cost of such
I3Subdivider Not A ent or Em to ee of Cit . Neither Subdivider nor Subdivider's
agents,contractors or subcontractors are or shall be considered to be agents or employees of the Ci
in connection with the performance of Subdivider's obligations under this agreement. ty
14Er,.Vironme-- n--t_Wan`ant . Prior to the acceptance of any dedications or improvements
by City,Subdivider shall certify and warrant that neither the property to be dedicated p nos
are in violation of any environmental law and neither the property to be dedicated nor the Subdivider
nor Subdivider
are subject to an, existing, pending, or threatened investigation by any federal, state or oval
governmental authority under or in connection with environmental law. Neither Subdivider local
third party will use,generate, manufacture,produce,or release,on, under, or about the pe r any
be dedicated,any hazardous substance except in compliance with all applicable environmental
la to
ntal laws.
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)escrzption: San Bernardzno,CA Document-Year.DOCID 2003.948130 Page: 7 of 16
)rder: 11111 Comment:
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
dedicated; property to be
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. CqhgLA919ements Nothing contained in this agreement shall preclude Ci from
expending monies pursuant to agreements concurrently or previously executed between the parties,
I I City
or from entering into agreements with other Subdividers for the apportionment Ofc0sts 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 Obli gation to Warn Public Dunn cronstruction. 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 torotect
the public from such dangerous condition. p
17. V(Ls4in-&of 0—w—nershiLUpon formal final acceptance of the work by City and
recordation of the Final Map,ownership ofthe improvements constructed pursuant to this agreement
shall vest in City.
18. dial4Acceptance 9f-Work L- 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 I Clerk shall file
acceptance of public improvements with the County recorder. Such acceptan an
a waiver of defects by City, ce shall not constitute
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Order: 11111 Comment:
19* Compliance with Laws Subdivider, its agents, emplo ees co
subcontractors shall comply with all applicable Federal, State and local rules 1 contrand ctors and
in the performance of he improvements and land development pursuant to this agreement including ns
but not limited to all applicable Labor Code and prevailing wage laws. ng
20. Insurance
a• �ubdivider's In urance to be P 'mary
i
All insurance required by this Agreement is to be maintained by Subdivider for the dura
of this Agreement and shall be rimrespect tion
or self-insurance maintained by City. Subdivider shall provide Cittnwiih CCity and e ting t any insurance
evidencing such insurance within fifteen(15)days of execution of his Agreement.
es of Insurance
b• 'Worker's Com ensation and Em to er's Liabili
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 prima and nan-
P
contributing to any insurance or self-insurance maintained by City. The insurance olioy shall
ry
include a provision prohibiting cancellation of said policy except upon thirty(30)days rior
notice to City. Certificates of Insurance shall be delivered to City within fifteen P written
execution of this Agreement. ( 5} days of
officers,
2. Subdivider expressly waives all rights to subrogation against the City, its
employ'es and volunteers for losses arising from work performed by Subdivider for City
by expressly waiving Subdivider's immunity for injuries to Subdividers employees and a
the obligation to.indemnify,defend and hold harmless provided for in this Agreement"tends to that
claim brought by or on behalf of any employee of Subdivider. This waiver is mutualI negotiated to any
by the parties. This shall not apply to any damage resulting from the sole negligence f City,
iits
agents and employees. To the extent any of the damages referenced herein were caused b or
City, its
resulted from the concurrent negligence of City, its agents or employees, the obligationsrovide
herein to indemnify, defend and hold harmless is valid and enforceable only to the extent d
negligence of Subdivider, its officer, agents and employees. of the
C. C(m rehensivP C*P�ie al *iQkili�y l�suranc . Subdivider shall secure and maintain
in force through,)ut the duration of the Agreement comprehensive general liability
covering all work under this Agreement, including work done by subcontractors, with c
acceptable to City. Minimum coverage of one million dollars insurance
million dollars City,
M0,000 a amen
($1,000,000}per occurrence and two
required. City shall be named as an additional insured liability, property
damage and personal in
Provision prohibiting cancellation of said policy except upon thio insurance
day prior shall include a
the City. Such in:}urance shall be nm �'( }days prior written notice to
theCit . b City. primary and non-contributing to any insurance or self-insurance
Y y Certificates of insurance shall be delivered to City within fifteen(I S}days of
execution of this Agreement.
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rder: 11111 Comment:
d. Business Auto
coverage, with:minimum -L��� Subdivider shall have business auto liability
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. oldHarmless City or any officer or employee thereofshall not be liable
for any injury to persons or property occasioned by reasons of the acts or omissions of Subdivider,
its agents, em=ployees, 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 ofany sort,because of,or arising out of,acts or omissions
of Subdivider, its agents, employees, contractors and subcontractors performance of this
agreement,except for such claims,demands,causes of action,liability tr in the rman
active negligence of the City, its officials, boards, commissions, or loss arising out of the sole
employees, including all claims, demands, causes of action, the members thereof, agents, and
liability, or loss because of or arising
Out of,in whole or in part,the design or construction ofthe improvements. This indemnification and
agreement to hold harmless shall "tend 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 ofthe diversion of
waters from the design and construction of public drainage systems, streets and other I
improvements. Acceptance by the City of the improvements shall not constitute an assumpt pub be
City al
ion y
the City of any responsibility for any damage or taking covered by this Section Ci shat 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 designwas
y
he articular improvement design,which oedcan
.etion indicated that the p gi
specifically required b City over written objection by Subdivider submitted to e Ci Engineer
before approval of t P P t tt the ty
improvement designarticular
design. was dangerous or defective and suggesalternative safe and feasible
After acceptance ofthe improvements,the Subdivider shall remain obligated to eliminate any
defect in design or dangerou
s
Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall
condition caused by the design or construction defect; however,
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 resonsible for all liability for
design and construction of the improvements installed or work done pursuant to s agreement and
or any negligence, nonfeasance, misfeasance or malfeasance in
that City shall not be liable f nsthis
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 o f architects,engineers,attorneys and other professionals,and court costs)incurred
by City in enforcing the Provisions of this section.
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Drder: 11111 Comment:
22• Personal Nature OfSubdivi
this agreement. Cb
der's li tin .
are and shall remain the personalbobligations afSubdividernatviAll OfSubdivider's obligations under
of all or any part of the roe notwithstanding a transfer
P p rty within the Subdivision subject to this agreement, and Subdivider
shall not be entitled to assign its obligations under this agreement to
of the property within the Subdivision or a any transferee of all or any part
of the City. y then third party without the express written consent
23• ale o-- D.
of this agreement and a raasition�+
f ubdiv�s on Seller or Other Subdividermay request a novation
substttution of security.
securities, the Subdivider may request a release or reduction of the
Upon approval of the novation and substitution of
agreement. Nothing in the novation shall relieve the Subdivider aft
far the work or improvement done by Subdivider. securities required by this
he obligations under Section 23
24. ;Firne is of the Essence Time is of the essence in
the performance of this agreement.
25' for Comrnen ement of Wor Ti e
substantial construction of the ' xte s'an . Subdivider shall co
months after the date of this agrimprovement ms required by this a commence
Engineer,the time for
the event good causexists�as determined b ater than three City
commencement ofconstruction or completion ofthe improvements hereunder
may be extended for a period or periods not exceeding a fatal of two additional' y the City
shall be executed in writing by the Ci En ineer,
to Subdivider's surety and shall not affect the validityiyears. The"tension
ty g Any such extension maybe granted
of this agreement crease e sur notice
sureties of any s'�cunty given for this agreement. The City Engineer shall
as to whether or not goad cause has been shown to entitle Subdivider to ane surety or
than delay in thy:commencement of be the sale and final judge
work, resulting from an act of Ci acttofs God,on De ay,other
inclement weather, strikes, boycotts or similar political actions w
work, which Subdivider could not have reasonably foreseen, and forth d storm or
hich prevent the conducting of
or contributed to by Subdivider, shall constitute goad cause for and extension
were not caused by
completion, ensign of the time for
As a condition of such extension,the City Engineer may require Sub
guaranteeing performance of this agreement,as extended,in an increaseddam t�famish new security
any increase in construction costs as determined by the ,i
aunt to compensate for
City Engineer,
26. ' Ve t' of R• t . Performance by Subdivider of this a
oonnance to vest Subdivider's rights with respect to any change in
ordinance, . agreement shall not be
g any zoning or building law or
27. NoDk�s,�., All natives r
and delivered in required or provided for under this agreement
person or sent by mail,Postage Prepaid and � ement shalt be in writing
Notice shall be effective on the date it is delivered a person,ar,if
the United States Ivtail. Datives shall be addressed�Provided in this section,
the City, mailed,on the date ofd
addressed as follows unless a written change is filed swith
u:\trujiwam uvrrc
r'rr'a"rmct�SIA.t s.wpd
11
ascription: .San Bernardino,CA Document-Year.DocXD 2003.948130 Page: 11 of 16
-der: 11111 Con=ent:
Notice to City: Public Works Director/City Engineer
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Subdivider: Centex Homes
2280 Wardlow Circle, Suite i50
Corona CA 92880
LARRY LUDWIG,PROJ-MANAGER
Notice oto Surety: SAFECO INS- COMPANY OF AMERICA
SAFECO PLAZA
SEATTLE, WA 98185
28 &YMUM 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. (a tions. 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. Llliatian. 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. in oration ofR--;t-l- The recitals to this agreement are hereby incorporated into
the terms of this agreement.
32. Entire AOMM—t 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. 1n19mLqt-ation. This agreement shall be interpreted in accordance with the laws ofthe
State of California.
34. JudkiqliM Jurisdiction of all disputes over the terms of this agreement shall be in
the County of San Bernardino, State of California.
H:\tfujiwam\MYFItZS\DEVELOP\Tmct\5LA-,6408.wN 12
Description: San Bernardino,CA Document-Year.DocID 2003.948130 Page: 12 of 16
Order: 11111 comment:
IN WITNESS WHEREOF this agreement is executed by the Parties as of t
above first written,
he date herein
CENTEX HOMES CITY OF REDLANDS _.
By: _
Title DA D L. By.
DIVISION PRESIDENT Ma r
TitleLEO Z4CKINLEy City_,t-- Attest
'
DIVISION CONTROLLEClerk
R
(Proof of authorization for Subdivider's signatures
required and must be attached)
H:itfujawaraWYFiLESiDfiVELOFP TraetlSIA-1640g.wpd
13
7escription: San Bernardino,CA Document-Year.DoclD 2003.948130 Page: 16 of 16
trder: 12111 Comment:
CALIFORNIA ALIL-PURPOSE ACKNOWLEDGMENT
roccarr�r-.r�-,zsrrrt�rrH.Frr� -
State of CALIFORNIA
County of R EVERSIDE
On NOVEMBER 14, 2003 before me, MARGARET TAULANE, NOTARY PUBLIC
Oa* Narlr arld rtN of 018esr to-Q..-jr*Dos.Notary PuNiC► ' S
personally appeared DAVID L. HARK AND LEO MCKINLEY
Nang(,►or SI "11) r
IM personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument ?�
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
MARGAREt'Tpt>tANE or the entity upon behalf of which the person(s) acted,
comm"On 8 1355524 executed the instrument.
Notary PubliC-CatfbMW
tilreCm*
WITNESS my hand and official seal.
1AYConrn.EVkfttiYy 16.,2M8
(�
!`t Signatiu*of ry
OPTION L
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
�hs �
r Title or Type of Document: ORCHARD PARK–TR 16408–CITY REDLANDS–SUBDIVISION IMPVMT.AGMT. ?�
Document Date:
Number of Pages: ?�
Signer(s) Other"than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:. DAVID L. HAHN
� Signer's Name: LEO MCRINLEY
❑ Individual
❑ Individual
gj] Corporate Officer
X% Corporate Officer
Title(s): DIVISION PRESIDENT
Title(s): DIVISION CONTROLLER
❑ Partner—❑ Limited ❑General ❑ Partner--❑ Limited ❑General
fi. ❑ Attorney-in-Fact
❑ Trustee ❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator t ❑ Guardian or Conservator
❑ Other: top pt thum0 here '
❑ Other: Top of thlunc here ?�
r:
c:
Signer Is Representing:
Signer Is Representing:
is
Cimm HONES
cirNTtrx Homs
A NEVADA GIM-PARTNERSHI
rrj A NEVADA GEN.PARTNERSH
-c
O 1995 vaGanet Notary ASOCi eton•C8S2S30;RO mMOit
Ave..P.O.801 7184.
Canoga Pak CA 91309.7184 Prue,No.5907 Reorder-Call T011-frw I.800.876-6827
escrfptton: San Bernardino,CA Document-Year.DoclD 2003.948130 Page: 13 of 16
rder: 11111 Comment:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
�Qrd 1 n�
On—DA)A)c' (� , o���3 before me,r_ 1:7 t!
Name—Ma,ht.MOW(e. anotat
personally appeared �U�n H—STI �y � � e Doe, I Pubbel
mm�e(e)o!slpno,(at
b,personally known to me
b proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -Ware
subscribed to the within instrument and
acknowledged to me that ha0she/they executed
LINDA EMMERSON the same in We�/their authorized
mon#12y�468 capacity(ies), and that by bWAW/their
Notay Putfc-CalituxNo signature(s)on the instrument the person(s),or
Son Bernordtno County the entity upon behalf of which the person(s)
myCornmB0 s.turt16,2004 acted, executed the instrument.
WITN SS my hand fficial seal.
• cs
01
OPTIONAL
fraudulent removal and reattachment of this form to another
Though the information below is not required by law,it may prove valuable to persons relying on the document and could
document prevent
Description of Attached Document
Title or Typ43 of Document: S j
on
Document Date: V 3 Number of Pages: ( _
Signer(s)Other Than Named Above: (,. .f.
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): Top of tht.l,o here
❑ Partner--❑Limited ❑General
❑ Attomeyin-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing;
O 1899 national FOO"Anocoke.9360 Da Sao Am-,P.O.Box 2402-Chaft orth,CA 813132402.�
001&l^d+rY-ot9 Prod.No.5807 Reort>•r:C&A Tojl-Frea tA00-✓!768827
,escription: San Bernardino,CA Document-Year.DOCID 2003.948130 Page: 14 of 16
rder: 11111 Comment:
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT"A"
TRACT MAP NO.16408
RECORDED IN BOOK ONU-PAGE(S) OF MAPS.
AWraval Date No. of Sheets
The following plans are on file in the office ofthe Public Works Director(PWD),Municipal Utilities
Director(MUD):
Street Construction Plans (PWD) 1697-ST
10/06/03 14
Street Lighting Plan (PWD) 1697-SL 10/06/03 1
Water Improvement Plans (MUD) D-60559 09/22/03 3
Sewer Improvement Plans(MUD) F-1703 09/22/03 8
f4:\tfujiwaraiMYI-ILF-SOE"VELOP\Tractl'Fract 164081S[A-16408,wpd 14
)escription. San Bernardino,CA Document-Year.DoclD 2003.948130 Page: 15 of 16
)rder: 11111 Comment: