HomeMy WebLinkAboutContracts & Agreements_37-2000_CCv0001.pdf 1NF(')RM1`1'1()N
Recorded in official Records, County of
RECORD IN(I RIFEQUESTED BY- San Bernardino, Larry Walker, Recorder
Doc No . 20000155890
ANi) 2 . 15pm 05/04/00
No Fee
EN; "'I01D 'YO-
(1\, (Acrk's Offire 1 F--2 F-1 3 r— 4 F-1 s F-1 s r— 7 1— a [— 9 F-1 0 El
PG ... APF CIMS PH CPY I CRT C" ADD NM PEN PR PCOR
f 1
o 1�ediandls
Ell
om Office Box 3005 5 6
-7
R.edlavids, CA NON ST LN SVY CIT CO TRANS TAX DA CHRG EXAM
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 18th day of April, 2000 by and between the City of
Redlands a municipal corporation, hereinafter referred to as "City," and ICSWH Redlands, LLC
(Inland Cities Steven Walker Homes Redlands, LLC)
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 Tract No. 16029
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 good 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 Code §§66410-66499.37] and agrees to
comply therewith; and
WHEREAS, a final 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 final map and the covenants herein contained, the parties hereto mutually
covenant and agree as follows:
1
l. 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 Hundred Eighty Five Thousand Five
Hundred Dollars ($385,500.04), including the cost of plan checking and inspection, which is the
n
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.
1 Definition and Ownership of Improvements. The term "Improvements" includes
but is not limited to: grading, paving, curbs and gutters, sidewalks, storm drains and sanitary
sewers, water lines, utilities, street lights, 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,
storm drains and sanitary sewers, waterlines, utilities, street lights, and appurtenant facilities shall
become the sole exclusive property of City, without payment therefor, upon acceptance of those
improvements by City.
3. Time of Com_�ion 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.
2
a
h?
per's surety, to pay City in advance, sufficient monies to
City may require Developer, or Develo
cover City's cost in completing construction of the Improvements.
4. Surer— 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
subdivisionmap of the above tract is approved by the City Council of City and accepted for
P
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
orro erty by or form.any cause whatsoever in, on, or about the subdivision of said land covered
P P
by this Agreement, or any part thereof.
Indemnification. Developer shall defend, indemnify
g Release and Indemniand save City,
elected officials, officers, employees and agents harmless from and against any and all injuries
�4 Its 3
v
F
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
performance or nonperformance of any or all work to be done in
directly or indirectly from the p
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 contract, 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 ($2,000.0) 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,
p ty
and shall be maintained in full force and effect during the life
its officers, agents, and employees
of this contract. Said policy shall state by its terms and by an endorsement that said policy shall
4
3N
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. ApnrT oval by City En ig�neer. 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
5
19. Attomffs'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 April 18th, 2000, at Redlands, California.
CITY OF REDLANDS ATTEST:
Mayor City C rkC,
DEVELOPER
INLAND CITIES STEVEN WALKER HOMES Redlands, LLC
By:
David Peery
Steven Walker Homes
7
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 April 19,
1999, 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 Lorne foyer
} 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.
LORRIE POYZER CITY CLERK
188
By:
Beatrice Sanchez, Deputy_City ler
� (909)798-7531
CAPACITY CLAIMED BY SIGNER( )
{ Individual(s) signing for oneselUthemselves
{ 'r Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{
Attorney-In-Fact
Principal(s)
Tru tees)
Trust
Other
Titles) Mayor and: City Clerk
Entity Represented: City of Redlands, California
THIS CER'T'IFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement
Date of Document: April 18, 2000
Signer(s) Other Than Named Above: David. Peery, Steven Walker Hones - Tract No. 16029
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ;
r
ss.
County of
R
On before me, - ,
Ja NubliDate 7 nd Title of Officer fe.g.,
r,
f
z�
personally appeared °
Name(s)of igner(s)
_ ersonally known to me
proved to me on the basis of satisfactory ?
evidence '
to be the person( whose nameO i7s
subscribed to the within instrument and
41 Cwt DINE gJpRNSpN acknowledged to me that hee l�fthep �ecuted
Cornmiss=on# 1193295 the same in ; _."w
histG� rr�,-�----authorized �.
� v Notary public-CaCfOMb capacity s�,, and that by is
Rrvfn-ide Counf'y
r signature('} on the instrument the person{} ori
ply Augt3,27CC12
the entity upon behalf of which the person'(&)
11W V
A acted, executed the instrument.
WITNEWfiy hand and official j eal.
or
Place Notary Seal Above Signature of Notary lic
0PT10,I IAL ,
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
?z
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
F; Capacity(ies) Claimed by Signer
Signer's Name:
Individual b
Top cf thumb here �
Corporate Officer—Title(s):
Partner—s Limited 7 General j
Attorney in Fact
I :
z Trustee
Guardian or Conservator
Other: I
Signer Is Representing:
�� -rte rv, -`.__ J �z ,-. =✓',���t;``;?�$.t",: ,� �`r ; ,,, ;T�, e� - � :yn .�.�
:V 1997 tNationa!Notary Association•9350 Gu Seto Ave_P.O.Box 2402-Chatsworth.CA 91313-2402 Prod,No.5907 Reorder:Cali Toil-t=ree 1-800-876-6827
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 16029
Description Drawing No. Approval Date No. Of Sheets
The following plans are on file in the office of the Municipal Utilities Director:
Water Improvement Plans D-60522 03/02/00 1
Sewer Improvement Plans F-1567 03/02/00 5
The following plans are on file in the office of the Public Works Director•
Street Improvement Plans F-1567 02/11/00 6
8