HomeMy WebLinkAboutContracts & Agreements_47-1998_CCv0001.pdf CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 4th day of August, 1998, by and between the City of
Redlands a municipal corporation, hereinafter referred to as "City," and Jeffrey MDM Partners
11, 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.
15532 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. 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 Five Hundred Five Thousand Two
Hundred Seventy ($505,270.00), 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, 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, 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....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
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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. Re-lease and Indemnification. Developer shall defend, indemnify and save City,
its elected officials, officers, employees and agents harmless from and against any and all
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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 contract, Developer's
contractors shall furnish to 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 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 ($1,004,000) 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
($504,000) for property damage in any one incident. Said policy shall be in favor of Developer
and of City, its officers, agents, and employees and shall be maintained in full force and effect
during the life of this contract. Said policy shall state by its terms and by an endorsement that
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said policy shall not be canceled until City shall have had at least 45 days,prier notice in writing
of such cancellation.
9. Liabililyof Develgper. 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 tunes 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 shah not be construed in any manner to constitute an acceptance and approval of any;
or all of the streets and improvements in said subdivision.
IQ. Deoner'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 clone, 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. Awroval by pity Engineer 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
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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
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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 — August 4 1998, at Redlands California.
CITY OF REDLANDS ATTEST:
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By 7
"?1Ze-4j
Mayo
City erk
William E. Cunnin m Lorrie Poyzer
DEVELOP R
By:
By:
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 August 4,
1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
I Xj personally known to me - or - f 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
LORRIE POYZER, CITY CLERK
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By:
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..... Beatrice Sanchez, Deputy City Clerk 157
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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: August 4, 1998
Signer(s) Other Than Named Above: Jeffrey Holbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
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before me,
Date ..� gams and TdtHo of O#`csr '
3 r g__ Jara C)oe, ❑tary Publ c')
personally appeared
Names)of Signer{s! '
ersonally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
LISA " within instrument and acknowledged to me that he/she/they
rOrrB-� executed the same in his/her/their authorized capacity(ies),
011VA"COUNTY and that by his/her/their signature{s} on the instrument the
person(s), or the entity upon behalf of which the persons) `
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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Description of Attached Document „
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Title or Type of Document: a
Document Date:
Number of Pages:
s, Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Signer's Name: Signer's Name:
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 15532
Description Drawing No. Approval Date No. Of Sheets
The following dans are on file in the office of the Municipal Utilities Director:
Water Improvement Plans D-60518 07107/98 1
Tract No. 15532
Sewer Improvement Plans F-1553 07/02/98 2
Tract No. 15532
The following plans are on file in the office of the Public Works Director
Street Improvement Plans F-1553 07102/98 4