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HomeMy WebLinkAboutContracts & Agreements_16-2001_CCv0001.pdf H Recorded in Official Records, County of g San Bernardino, Larry Walker, Recorder RECORDING REQUESTED BY Doc No . 20010088392 AND WHEN RECORDED 1 0 : 5 8 am 03/09/01 MAIL TO. City Clerk FIRS1 PIRKO 111LE A $11 City of Redlands P.o. Box 3005 s �� ��� ��� € PH civ CRT civ ADD NM PEN PR POOR Redlands ca 92313 NON ST LN S SVY CITCSS TRANS TAX DA CHRG EXAM CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made this 16th day of January, 2001, by and between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and HOME DEPOT U.S.A., INC., a Delaware Corporation hereinafter referred to as "Developer." REMAI=N WHEREAS, Developer is the owner of certain property located in the City of Redlands generally known as City of Redlands Parcel Map No. 14592 (the "Subdivision) and is obligated to construct certain improvements (the "Improvements") therefor as a condition of approval of the Subdivision; and WHEREAS, the 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, Developer acknowledges that it is familiar with the provisions of the Redlands Municipal Code and the State Subdivision Map Act (Government Code sections 66410.,.Kq,,.) 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 Developer for consideration by the City Council of the City; NOW, THEREFORE, in consideration of the approval and acceptance by the City Council of the City of the final map for the Subdivision, and the mutual promises contained herein, the parties hereto agree as follows. A RFEME 1. Gener 1 RcQuirements. Developer shall, at its own cost and expense, construct and complete the Improvements to the satisfaction of City within twelve (12) months from the elate of Developer's execution of this Agreement. L:WEEKLY. HOMEDE-t.WPI) I Description and OwnersWp of improvements. The Improvements include, but are not limited to, the grading, paving and 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 Developer's engineer and approved by the City, and which are all attached hereto as Exhibit "A." No work on the Improvements shall be commenced by Developer until such plans, profiles and specifications have been approved by the City and permits for the construction of the particular Improvements issued. The costs of plan checking and inspection incurred by the City shall be paid by Developer at the time such plan checking and inspection occurs. All Improvements constructed or installed pursuant to this Agreement shall become the property of the City, without payment therefor, upon acceptance of those Improvements by the City. 3. Time offo=letion, Construction of the Improvements shall be completed within twelve (12) months from the date of Developer's execution of this Agreement. In the event Developer fails to complete construction of the Improvements within that time period, the City may require Developer's surety to complete the Improvements, or the City may cause the completion of construction of the Improvements and recoup its expenses for such work from Developer, or Developer's surety. 4. Sure Bonds. The estimated cost of constructing the Improvements, as of the date of this Agreement and including the costs of plan checking and inspection, is Nine Hundred Fifteen Thousand Dollars ($915,000.00). Concurrent with Developer's execution of this Agreement, Developer shall file with the City appropriate security pursuant to Government Code section 66499.3, in the form and amount determined by the City, to guarantee Developer's performance of this Agreement and Developer's compliance with the provisions of the Redlands Municipal Code. Developer shall also file a bond with the City in an amount equal to the full estimated cost of the Improvements, to guarantee payment to Developer's contractors, subcontractors and to all persons providing equipment or furnishing labor or materials to Developer for the Improvements. Developer shall also provide the City, upon completion of the Improvements, a bond in the amount determined necessary by the City to fulfill Developer's obligations arising under the guaranty and warranty against defective work, labors and materials for one year following completion letion and acceptance by the City of the Improvements. The comp bonds shall each be in the amounts required by the City in accordance with Sections 66499 through 66499.10 of the Government Code and shall, in addition to the face amount of the bond, cover costs and reasonable expenses and fees, including attorneys' fees, that the City may incur in successfully enforcing the obligations secured by the bond. 5. Effective Date, This Agreement shall not become effective unless and until the final map for the Subdivision is approved by the City and accepted for recordation by the County Recorder of the County of San Bernardino. 6. Liability for NonperjfQrmance, Neither the City nor its elected officials, officers or employees shall be liable to Developer or Developer's contractors, agents or employees for L\WEIEKLY.RMHOMEDE-I.WPD 2 any error or omission by Developer arising out of or in connection with any work performed pursuant to this Agreement. 7. Liability.for Personal IR-juries, The City shall not be liable to Developer or to any other person, firm or corporation for any injury or damage resulting to any person or property by or from any cause whatsoever in, on or about the Subdivision as a result of work performed pursuant to this Agreement. 8. Rel ase-and Indemnification, Developer shall defend, indemnify and hold harmless the City, its elected officials, officers and employees from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, losses, damages and liability, however caused and whenever the same may occur, resulting directly or indirectly from the performance or nonperformance of any or all work done in and upon the street rights-of-way in the Subdivision, and upon the premises adjacent thereto, 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, however caused and whenever the same may occur, either directly or indirectly from Developer, or Developer's agents, employees and subcontractors while engaged in the performance of such work. Prior to commencing construction of the Improvements, Developer's contractors shall furnish to the City satisfactory evidence of an insurance policy, on an "occurrence" basis, written upon a form and by a company which meets with the approval of the City, naming the City, its elected officials, officers 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 the City and non-contributing to any insurance or self-insurance maintained by the 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 for any one incident. The policy shall be in favor of Developer and the City, its elected officials, officers and employees, and shall be maintained in full force and effect during the term of this Agreement. The policy shall state by its terms and by an endorsement that the policy shall not be canceled or modified unless the City shall have had at least 45 days' prior written notice of such cancellation or modification. 9. LiaMily of D-eveWper, Developer agrees that the use for any purpose and by any person of any and all of the Improvements shall be at the sole and exclusive risk of Developer at all times prior to final acceptance by the City of the Improvements; provided, that acceptance by the City shall in no way eliminate or lessen any of Developer's obligations contained in this Agreement. The issuance of any occupancy permits by the City for buildings located within the Subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the Improvements in the Subdivision. L\WEEKLY.R11P,H0MEDE-I.W110 3 10. DevelQper'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 for the Improvements and for a payment bond with respect to such work or labor, as required by Civil Code Section 3247. b. The 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 Engineer. City Engineer shall have the right to reject any or all of the Improvements if the Improvements do not conform with the plans and specifications described herein or the ordinances of the 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 DevelQDer. Developer's plans, specifications, completion of the work and other acts relating to construction of the Improvements are subject to approval of the City. It is agreed by Developer that any approval by the City shall in no way relieve Developer of satisfactorily performing such work or its obligations hereunder. The construction of the Improvements shall be done in accordance with the plans and specifications prepared by Developer, with the City's standard specifications and consistent with the provisions of the Redlands Municipal Code. Developer warrants that its plans and specifications conform to the City's standard specifications and with the provisions 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, Developer warrants and guarantees the materials used and workmanship performed for the Improvements for a period of one (1) year after completion and acceptance thereof by the City Engineer. 14. Notice Qf.-Completion. Developer shall file a Notice of Completion of the improvements herein specified and shall concurrently mail a copy to the City Engineer. 15. Assignment.- This Agreement shall not be assigned without the prior written consent of City. 16. Filing of Record Drawings, Upon completion of the Improvements and prior to the acceptance of the Improvements by the City, Developer shall supply the City with one mylar (4 mils) set of record drawings, certified by the Recorder of the official records for the County of San Bernardino. These drawings shall be certified as being record drawings and shall reflect the improvements as actually constructed, with all changes incorporated therein. FxWEEK1-Y,RM.HOME-DE-I.W111) 4 17. Attorneys' Fees. In the event any 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. Executed on January --j-6 , 2001, at Redlands, California. CITY OF REDLANDS ATTEST: By: Mayor City erk DEVELOPER jH0;MEDE S.A., INC., a Delaware corporation 'By: I:L Hatch, r Corporate ti el R. h Hatch, Senior Corporate Counsel L\WEEKLYAMHOMEDE-I MM 5 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 16, 2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer I XI 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. Fk E D 44LORRIE POYZER, CITY CLERK ........ , 00AA By: Beatrice Sanchez, Deputy City Cler CA (909)798-7531 6f LIF0 1 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves 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 16, 2001 Signer(s) Other Than Named Above: Daniel R. Hatch, Sr. Corporate Counsel, Home Depot USA STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On January 10, 2001, before me, KELLY M. ASCH, a Notary Public in and for said state, personally appeared DANIEL R. HATCH personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within document, and proved to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and o'llictal seal. I j Lil i SIGNAT RE OF NOTARY PUBLIC -------------- - ----- M. A CH (SEAL) C=- County 'anr CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" CRA No. 725 1 Parcel Map No. 15492 (MS No. 252) Description Drawing No. Al2proval Date No. Of Sheets 1 li Water Improvement Plans D 60529 12/13100 5 The following dans are on file in the office of the Public Works Dirertnr Street Improvement Plans F 1582 12/13/00 11 Storm Drain Plan Traffic Signal Street Light / Striping 6 CALIFORNIA NOTARY/ ILLEGIBLE NOTARY U ILLEGIBLE DOCUMENT 3-In-One Form STATE OF CALIFORNIA SS COUNTY OF } On before me, personally appeared 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 rile 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) or entity upon behalf of wh ich theperson(s)acted, executed the instrument. WITNESS my hand and official seal Signature (This area for official notary seal) GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows.- NAME ollows:NA IIE OF NOTARY: DATE COMMISSION PIRES1- COUNTY WHERE BOND IS FILED: t COMMISSION NUMBER:_-- PLACE OF EXECUTION. a "� DATE: SIGNATURE: I certify under penalty of perjury under the lavas of the State of California that the illegible portion of this document to which this statement is attached reads as follows" PLACE OF EXECUTION: DATE: I NA URE OF DECLARANT (08112/%)-TC (s: V6rrns it 4)