HomeMy WebLinkAboutContracts & Agreements_167-2006_CCv0001.pdf ED TITLE CO.
RECORDING REQUESTED BY:
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS Recorded in Official Records, County of San Bernardino 8(01/2006
1
LARRY WALKER H ��
DTTH
AR
Auditor/Controller — Recorder
704 United Title — Los Angeles
WHEN RECORDED RETURN TO: DOC#: QQ6—Q52221 Q Titles: 1 Pages: 16
CITY CLERKS OFFICE Fees 53.00
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P.O. BOX 3005 Other 1.00
REDLANDS, CA 92373 111111111111111111111111111111111 PAID $54.00
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this j8 ky of July , 200 6 by and between the City
of Redlands, a municipal corporation, hereinafter referred to as City and Diamond Peak Homes
and Management (A California General Partnership), hereinafter referred to as "Subdivider."
RECITALS
WHEREAS, Subdivider is the owner or authorized developer of property located in the City
of Redlands known as Tract No. 16907 (the "Subdivision"), for which Subdivider is obligated to
construct certain improvements(the"Improvements")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 seq.)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;
STA"TRACT 16907.wpd 1
NOW, THEREFORE,RE, 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.
I. De nition 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. lime to for Commletion. Construction of the Improvements shall be completed within
twelve (I?) 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 const ction ofthe
Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety, as
hereafter provided.
Subdivider' bliations to Const ct Imnrovnents 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 l j year following the date of
this Agreement;provided,however,that the Improvements shall not be deemed to be completed until
accepted by the City Council as provided in Section 18 hereof:
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 the 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 25,
e. Install all subdivision public Improvement monuments required by law prier to formal
final acceptance of the public Improvements by the City. Individual property monuments shall be
installed within one year of said acceptance.
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 ofPronerty 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 ofappropriate 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 this Section shall be construed as authorizing or granting an extension of time to the
Subdivider.
5. Security°. Subdivider shall at all tines gu antee Subdividers performance bar
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 Caovernment Code, on forms approved
by City for the purposes and in the amounts as follows:
a. To assure faithful performance of the 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 1.00%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 25% of the estimate cost of said
Improvements, and
d. Subdivider shall also fu ish 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
SIA TRACT16907. ,pd t
in Section 3(e) for a period of one year plus thirty ('10) days from formal acceptance by the City
Council.
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 coast of the Improvement
as changed, altered or amended minus any completed partial releases allowed by Section S of this
Agreement.
b. 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 ofthe Improvements, City may apply the
standards in effect at the time of the extension,
7. Inspection. Subdivider shall at all tunes 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 of 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 to the City Council. No
Improvements shall be finally accepted by the City Council unless all aspects of world 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 ofinspection and certification. No improvements shall
be deemed completed until acceptance by the City Council pursuant to Section 18 Herein.
Release of Securities. The securities required by this Agreement shall be released as
fellows:
a. Security given for faithful performance ofany 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 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 completion for the Improvement work and any
ether 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 Council,
e. The City may retain from any security released, an amount to sufficiently cover costs
and reasonable expenses and fees, including reasonable attorneys' fees.
9. Injury to Improvements. 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 items 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 permits and
licenses for the construction and installation of the Improvements,and give all necessary notices and
pay all fees and taxes required by law.
IL. i efault of Subdivider,
a. Default of Subdivider shall include, but not be limited to:
(I) Subdividers failure to timely commence construction of Improvements under
this agreement;
(2) Subdividers failure to timely complete construction of the Improvements.-
(3)
mprovement .-
(3) Subdivider's failure to timely cure any defect in the Improvements;
( ) Subdivider's failure to perforin substantial construction work for a period o
twenty(20) calendar days after commencement of thework-,
(5) Subdivider's insolvency,appointment of'a.receiver,or the ding of any petition
in bankruptcy, either voluntaryor involuntary, which Subdivider fails to discharge within thirty(30)
days;
(a) The commencement ofa 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
by 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 the cost of completing
the required Improvements. The sums provided by the Improvements 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 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 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
d 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
Council against any defective work or labor done or defective materials furnished. If within the
warranty period any work: or Improvement or pat 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 cast
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.
1-3. Subdivider Not Agent or lam Ica ee o City Neither Subdivider nor Subdivider's
agents, contractors or subcontractors are or shall be considered to be agents or employees ofthe City
in connection with the performance of Subdivider's obligations under this Agreement,
14. Environmental Warranty. Prior to the acceptance of any property 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 lacy 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 ofthe property to be dedicated has
not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider
shall give prompt written notice to City at the address set forth herein of
a. Any proceeding or investigation by any federal, state or local governmental authority
with respect to the presence of any hazardous substance on the property to be dedicated or the
migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be
dedicated,
tiAny 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
server mains, or ether 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 ofthe Final.Map,ownership ofthe improvements constructed pursuant to this agreement
shall vest in City.
18, l final Accept c of nor Acceptance of work on behalf of City shall be made by
the Public Forks Director upon recommendation of the City Engineer after final completion and
SIA T CT 1690-7%kA `8
inspection of all improvements. The Public Forks Director shall act upon the Engineer's
recommendation within sixty (60) days from the date the City Engineer certifies that the work has
been finally completed, as provided in Section 7. Such acceptance shall not constitute a waiver of
defects by City.
19. Compliance with Laws. Subdivider and its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local 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 �aoloyer"s Liability,
I. 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. 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 prier written notice to City. Certificates of Insurance shall be
delivered to City within fifteen 15j 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 b
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.
c. Cctrnprehensive Ciereral I lability Insur ce. 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
SIATRACT 16907.xNp
($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($1,000,400)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, inde 'f� 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 taping of property
resulting from the design or construction of said Subdivision, and the public Improvements a
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 Cite in approving the 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.
After acceptance ofthe 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 (l 0) 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,
s;a_ .„,.r_ .._,.;�.�.r.>� �,_2s..�».;-._.u..-..:.;w.:,�..:�;�.�sr'�.:,-�.�.��-w..„�sr�`as.��..sy 1 "�����c `�r`"'�,.ray.,., ..w?='y`.^✓ ���r-�`�`v" ,"" ��� �--��"`.c''a�.=..�=.,``.:,,Yr»
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 rather professionals, and court costs)incurred.by
City in enforcing the provisions of this section.
22. Personal Nature of Subdivider's O li bans. 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.
2 . Sale or Dis osition ofSubdiision. Seller or Cather 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 2
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 Wgrk Ti e Extensions, Subdivider shall commence
substantial construction of the Improvements required by this Agreement not later than three (3)
months after the elate of this Agreement. In the event good cause exists as determined by the City
Engineer,the time for commencement ofconstruction 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 may be granted without notice
to Subdivider's surety and shall not affect the validity of this Agreement or release the; surety or
sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge
as to whether or not good cause has been shown to entitle Subdivider to an extension. Delay, ether
than delay in the commencement of work, resulting from an act of City, act of Cod, by storm or
inclement weather,strikes,boycotts or similar political actions which prevent the conducting ofwor ,
which Subdivider could not have reasonably foreseen, and furthermore were not caused by or
contributed to by Subdivider, shall constitute good cause for and extension of the time for
completion. As a condition of such extension, the City Engineer may require Subdivider to furnish
new security guaranteeing performance of this Agreement, as extended, in an increased amount to
compensate for any increase in construction costs as determined by the City:Engineer.
26. Certificate of Satisfaction. The City Manager may, upon the determination of the
Public Warks.Director that Subdivider has felly satisfied the obligations secured by this Agreement,
at the request of Subdivider, execute and record a Certificate of Satisfaction in the official records
of the County of San Bemardino evidencing that Subdivider has complied with, and satisfied, all
I TRACT 1 090 . d 11
obligations under this Agreement. Subdivider shall be responsible for the payment of all Cite casts
associated Nvith the preparation and recordation of such a certificate.
27. No VestingRihts. Performance by Subdivider of this agreement shall not be
construed to vest bdivider's rights with respect to any change in any zoning or building law or
ordinance.
28. 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 nailed, 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
PCS Box 3005
Redlands, CA 92373
Notice to Subdivider: Diamond Peak Homes and Management (A California
General Partnership)
Attn. Mr, Glen A ell
12223 161" Street
Yucaipa CA, 92399
Notice to Surety: Lincoln General Insurance Company
701 B. Street, Suite 2100
San Diego, CA 92101
29. 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.
30. Ca tions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, lint, exemplify, or aid in the interpretation, construction or
meaning of any provisions of this Agreement.
SLS MACT 169(J-I,wpd
3L L titation, 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.
32. Incorporation of Recitals. The recitals to this agreement are hereby incorporated
into the terms of this Agreement,
33. Entire Agreement. 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.
34. Interpretation, This Agreement shall be interpreted in accordance with the laws of
the State of California.
35. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be
in the County of San Bernardino, State ofCalifornia.
IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein
above first written.
SUBDIVIDER CITY OF REDLANDS
DIAMOND PEAK HOMES
AND MANAGEMENT
By: By:
Title General Partner, Frankl L. 't�- ager,,;7ohn Davidson
Bre' r .
r
By: Attest: ,- �✓ •'
Title General Partner, Glen V. Arrell City- Jerk , Lo (P yzer
(Notary attachment and proof of authorization
for Subdivider's signatures
required and must be attached)
SIA TRACT
16907.Nkpd i
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 June 23, 2006, before
me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared John Davidson and Lorrie Poyzer ( X} personally known
to me - or - ( } proved to me on the basis of satisfactory evidence to be the persons whose names)
are subscribed to the within instrument and acknowledged to me that they executed the same 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.
.gk, s LORRIE POYZER CITY CLERK
='*xp0RA
4
g
By: 11NL_i_'Z_"_1_CJ'&X-Z
Teresa Ballinger, Assistant City Clerk
(909)798-7531
-------------------------------------------
CAPACITY
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneselflthemselves
{ } Corporate Officer(s)
Title(s)
Company
( } Partner(s)
Partnership
( } Attorney-In-Fact
Principal(s)
( }
Trustee(s)
Trust
( x } Other
Title(s): City Manager 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: June 20, 2006
Signer(s) Other Than Named Above: Franklin L. Breinholt, Jr., Glen V. Arrell; General Partners,
Diamond Peak Homes and Management
. r•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SanCounty of Sn .. Q-X` t 11b ss.
On AMQ_ before me, F�l�tf
Date Name and Title of Officere.
( g.,'Jan4 Doe,Notary Pu lic")
personally appeared t�xY1Y�f l'1n � r ��Yll�
Name{s)of Signer(s)
personally known to me
C] fs o satinac ory evi ence
to be the person(s) whose name(s)is/are subscribed
to the within instrument and acknowledged to me that
= ..: V 1 imths/they executed the same in hi8ATer/their
JAMN authorized capacity(ies), and that by Nsfhm/their
Commiliaion s is9signature(s)natures on the instrument the
�y _callo�al g O person(s), or the
Q-.Mv
son&"X=%no Carrentity upon behalf of which the person(s) acted,Cam.EkPkw.kn29. executed the instrument.
WITNES my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 5ybdt
Document Date:L)luo , Number of Pages: V'
Signer(s) Other Than Named Above:
Capacity(ies) Claimect y Sioner(s) t /�
A
Signer's Name: __ fact Ih L. 6irn it'. Signer's Name: Cteyl V. rro-A�
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): C_l Corporate Officer—Title(s):
'74 Partner—❑ Limited it General " A Partner—❑ Limited X,General
ElAttorney in Fact 03i0 Attorney
Top of thumb here y 'to Fact
Top of thumb here
El Trustee �>>?"F r C�� Trustee
ED Guardian or Conservator
F-3 Guardian or Conservator
Other:
❑ Other:
r -
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6627
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXF-I:EBIT"A"
TRACT MAP NO,16907
The following plans are on file in the office of the Public Works Director(PWD):
Description Drawing No. Approval Date No. of Sheets
Street Improvement Plans F-1807-ST 12-21-05 3
Street Light/Tree Plans F-1807-SL 12-21-05 1
The following plans are on file in the office of the Utilities Department Director:
Description Drawing No. Approval Date No. of Sheets
Water Improvement Plans D-60586 1-20-06 1
Sewer Improvement Plans F-1726 1-20-06 1
The following plans are on file in the office of the Community Development Director:
Description Drawing No. Approval Date No. of Sheets
Sound Wall Plan F-1807-PG 12-21-05 1
L l mployce Folders Frig;WeJ sub div aggrements and bo tract 16907.upd 14