Loading...
HomeMy WebLinkAboutContracts & Agreements_3-1999_CCv0001.pdf Recorded err Official Records. County o Sari Bernardino, Larry Wl ert, Recorder REQUEST OF. No Fee FIRST A1007z€GA TiT?E IN ?R}`a`4C;w CO, Doc No . 19990042902 Recording Requested Bv: THE CITY ENGINEER 4 -. 00pm 02/02/99 When Recorded Mail To: 205 20182633 02 04 THE CITY CLERK City of Redlands s s F i s e P. O. Box 3005 LG APF Giros PH CPY CRT CPY ADD NSA PEN PR PCOR Redlands, CA 92373 NON ST EN I SYY CIT CD TRANS TAX DA CHRG EXAM A pm off- 4 CITY OF REDLANDS FEES NOT REQUIRED SUBDIVISION IMPROVEMENT AGREEMENT PER GOVERNMENT CODE SECTION 6103 THIS AGREEMENT is made this 19th day of January, 1999, by and between the City of Redlands a municipal corporation, hereinafter referred to as "City," and Cindy Boyer, hereinafter referred to as "Developer." RECITALS 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 Parcel. Map No 13837 and Developer proposes to do and perform certain works of improvement (the "Improvements") thereon as hereinafter set forth: and WHEREAS, City desires to assure that the Improvements will be done in a goad 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 Cade §§66410-66499.37] and agrees to comply therewith; and WHEREAS, a parcel 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 NOW, THEREFORE, in consideration of the approval and acceptance by the City Council of the City of said parcel map and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General 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 Three Thousand Seven Hundred Five Dollars ($3,705.00), including the cost of plan checking and inspection, which is the estimate of the engineers acting for Developer and City. The time for completion may be extended by the City in writing for good cause shown by Developer. 2. Definition and Ownership of Improvements. The term "Improvements" includes but is not limited to: grading, paving, curbs and gutters, sidewalks, and all appurtenant facilities which are shown in detail upon plans, profiles and specifications that have been prepared by engineers acting for Developer and approved by City, which are attached as Exhibit "A". No work on the Improvements shall commence until plans and profiles therefor have been submitted to and approved by the City and appropriate permits issued. The cost of this checking and inspection shall be paid by Developer. All Improvements constructed or installed pursuant to this Agreement expressly including, but not limited to, paving, curbs and gutters, sidewalks, and appurtenant facilities shall become the sole exclusive property of City, without payment therefor, upon acceptance of those improvements by City. 3. Time of Completion. All of the Improvements shall be completed within 12 months from the date of execution of this Agreement. In the event that Developer fails to complete the Improvements within that time period, City may complete the work and recover the full cost and expenses of the work from Developer, or Developer's surety as hereafter provided. City may require Developer, or Developer's surety, to pay City in advance, sufficient monies to cover City's cost in completing construction of the Improvements. 4. Surety Bond. Contemporaneously with the execution of this Agreement, Developer shall file with City appropriate security in a form and amount determined by City pursuant to Section 66499.3 of the California Government Code and the Redlands Municipal Code, to guarantee faithful performance of all of the provisions of this Agreement and compliance with all of the provisions of the Redlands Municipal Code, and securing payment to Developer's contractor, its subcontractor and to persons renting equipment or furnishing labor or materials to them for the Improvements required under this Agreement. The security shall reflect the requirements of Section 66499 through 66499.10 of the California Government Code. 5. Effective Date. This Agreement shall not become effective unless and until the subdivision map of the above tract is approved by the City Council of City and accepted for recordation by the County Recorder of the County of San Bernardino. 6. Liability for Nonperformance. Neither City nor any of its elected officials, officers, employees or agents shall be liable to Developer or its contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. 7. Liability for Personal Injuries.., City shall not be liable to Developer or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or form any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 8. Release and Indemnification. Developer shall defend, indemnify and save City, its elected officials, officers, employees and agents harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights of way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by Developer, Developer's agents, employees, and subcontractors, while engaged in the performance of said work. Prior to the commencement of any work pursuant to this Agreement, Developer's contractors shall furnish to City satisfactory evidence of an insurance policy, on an occurrance basis, written upon a form and by a company which meets with the approval of City naming City, its elected officials, officers, agents, and employees as additional insureds against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Such insurance shall be primary with respect to City and non-contributing to any insurance or self- insurance maintained by City. The minimum limits of such policy shall be in the amount of One Million Dollars ($1.000,000) for the death of or injury to any person in any one incident, and Two Million Dollars ($2,000,000) in the aggregate and Five Hundred Thousand Dollars ($500,000) for property damage in any one incident. Said policy shall be in favor of Developer and of City, its officers, agents, and employees, shall be maintained in full force and effect during the life of this Agreement and shall state by its terms and by an endorsement that said policy shall not be canceled until City shall have had at least 45 days' prior notice in writing of such cancellation. 9. Liability of Developer. Developer agrees that the use for any purpose and by any person of any and all of the streets and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Developer at all times prior to final acceptance by City of the completed street and other improvements thereon and therein; provided, that acceptance by City shall in no way eliminate or lessen any of Developer's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and Improvements in said subdivision. 10. Developer's Expenses. Developer shall pay for the following expenses: a. Developer and its subcontractors shall pay for any materials, provisions, 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. The cost of inspections shall be paid by Developer. 11. Approval by City Enineer. 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. Warranty. 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 Contractors. 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. Assignment. This Agreement shall not be assignable by Subdivider without the written consent of City. 18. Filing 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 (4 mils) set of record drawings, 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. Attorneys' Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 20. Time Extension. This Agreement may be extended, for good cause shown by the Developer, by the written concurrence of the City Manager, Community Development Director, Public Works Director and Municipal Utilities Director, without further action by the City Council. Executed on January 19 1999, at Redlands California. CITY OF REDLANDS ATTEK" B} C -Mayor ity�Cl rk DEVELOPER By: By: Cindy A. Boyer 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 January 19, 1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Power, City Clerk of the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer I Xj personally known to me - or - I I 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. WITNESS my hand and official seal. of: R604 Cj-P�V CLERK LORRIE POYZER, I LE By: 1888 Beatrice Sanchez, Deputy City Clerk (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, California — — — — — — — — — — — — — — THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Subdivision Improvement Agreement Date of Document: January 19, 1999 Signer(s) Other Than Named Above: Cindy Boyer F s Y x CALIFORNIA'ALL-PURPOSE ACKNOWLEDGMENT �f} State ofCountv of One _ —. — — Das � and - e c Cis-ate ,_5 .;an_Gcv,-a�.ta-v�v�.;=c''t � ? , personally appeared personally known to me—OR`lpreved to me on the basis of satisfactery evidence to he the person(s) whose name(s) is/are subscribed to the within instrument t and acknowledged to me that he/she#they executed the same in his/her/their authorized capacity(ies),and that by t his/her"heir signaturel;s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, r executed the instrument. ent. � I N my hand and official seal. cam. = 21300 z t , z y. s,�;n ' Nola-y Public r iOPTIONAL Though the information below is of required by r,ft may prove va ale o persons wing �#h�document�n c U!�prevent fraudulent removal and reartachment o #his forr to anot er do cunreat. Description of Attached Document y; v 2 Title or Type of Document-, Xy r Document finer t date: Number er of Pages: , Signer(s) Other Than Named Above: v pa ies) Claimed ) 4 J, F F Signer's Ma Signer's lame: rne. Individual IndiIndividual� der crate Officer Corporate officer p Title's): `itlets): Partner _Limited General � Partner Limited -general Attorney-in-Pact Attorney-ire-Facet �. -tom" ,... i Trustee ,, ,` Trustee 0 Guardian or Conservator � � Guardian or Conservator � e) Other: t j Other: _ n j it er Is Representing: icer s Representing: J e h X ,'t _ Rem-Met , Prod 5a 580; Perd ,a„7o .r_ v�5 5a crai Notan/Assaion 82z6 v.. P Ci x?-,� vrsv �ra=�,C, 91309-7184 t ni1`J .S5 2% CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" PARCEL MAP NO. 13837 Description Drawiny, No. Approval Date No. Of Sheets The following Tans are on file in the office of the Public Works Director: Street Improvement Plans F-910 Sheet 3 10/13/98 1 The Developer is required to install one water service line and one sewer lateral prior to street work, to the property line of the vacant lot, under permit from the Municipal Utilities Department, in accordance with the following standard plans, and as approved by the Municipal Utilities Department. The following plans are on file in the office of the Municipal Utilities Director: Water service lateral A-20003 or W-103 Sewer service lateral A-94 LEGAL DESCRIPTIONS OF PROPERTY PARCEL I AND 2 OF PARCEL MAP 13837, AS PER MAP FILED IN BOOK a& OF PARCEL MAPS, PAGES 11 , THROUGH J IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.