HomeMy WebLinkAboutContracts & Agreements_89-2000_CCv0001.pdf J, Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
RECORDING REQUESTED BY AND Doc No . 20000279054
WHEN RECORDED, RETURN TO: 4 8 2 7 pm 08/02/00
City Clerk's Office
City of Redlands Chia; % l e P 07
Post Office Box 3005
Redlands, CA 92373 , _jE_jE_LE6 7
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this lst day of August, 2000, by and between the City of
Redlands, a municipal corporation, hereinafter referred to as "City," and John L. Smith and Mary
E. Smith, Trustees of Smith Family Marital Trust hereinafter referred to as "Developer."
RECITALS
WHEREAS, Developer is the owner of certain property located in the City of Redlands
and generally known as Tract No. 16082 (the "Subdivision") and Developer is obligated to
construct certain improvements (the "Improvements") therefor 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, Developer acknowledges that it is familiar with the provisions of the Redlands
Municipal Code and the State Subdivision Map Act {Government Code sections 66410 et. sec }
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 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 promises contained herein, the parties
hereto mutually agree as follows:
1. General Requirements. Developer shall, at its own cost and expense, construct and
complete the Improvements to the satisfaction of City within twelve (12) months from the date of
Developer's execution of this Agreement, and at an estimated cost of Two Hundred Fifty Seven
Thousand Five Hundred Five dollars ($257,505.00), including the cost of plan checking and
inspection.
2. Definition 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
Developer's engineer and approved by City, and which are 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 City and permits issued. The cost of plan checking and
inspection incurred by City shall be paid by Developer. 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.
3. Time of Completion 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, City may
require Developer's surety to complete the Improvements, or City may complete construction of
the Improvements and recoup its expenses for such work from Developer, or Developer's surety,
as hereafter provided.
4. Surety Bond. Concurrent with Developer's execution of this Agreement,
Developer shall file with City appropriate security pursuant to Government Code section 66499.3,
in the form and amount determined by 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 City to guarantee payment to Developer's contractors,
subcontractors and to all persons providing equipment or furnishing labor or materials to
Developer for the Improvements. The bond shall be in the amount required by City in
accordance with Sections 66499 through 66499.10 of the Government Code.
S. Effective Date. This Agreement shall not become effective unless and until the
final map for the Subdivision is approved by City and accepted for recordation by the County
Recorder of the County of San Bernardino.
6. Liability for Nonperformance Neither City nor its elected officials, officers,
employees or agents shall be liable to Developer or Developer's contractors, agents or employees
for any error or omission by Developer arising out of or in connection with any work performed
pursuant to this Agreement.
7. Liability for Personal Injuries 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.
T:tPW\LAURIE DEtiELOP"BONDStTR16082`-.SMITHSUB.wPD 2
8. Release and Indemnification. Developer shall defend, indemnify and hold harmless
City, its elected officials, officers, employees and agents 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, 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 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 for any one incident. The policy shall be in favor of Developer and City, its
officers, agents 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 City shall have had at least 45 days' prior notice in writing of
such cancellation or modification.
9. Liability of Developer. 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 City of the Improvements; provided, that acceptance by City
shall in no way eliminate or lessen any of Developer's obligations contained in this Agreement.
The issuance of any occupancy permits by City for dwellings 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.
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 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.
I:ITWILAUR1EDEVEL0P1,B0NDS\TRI6082\Sh41THSUB WPD 3
11. Approval by City Engineer. City Engineer shall have the right to reject any or all
of the Improvements if Improvements do not conform with the plans and specifications described
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. Developer's plans, specifications, completion of the
work and other acts relating to construction of the Improvements are subject to approval of City.
It is agreed by Developer that any approval by 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 City standard specifications and consistent with the provisions of the Redlands
Municipal Code. Developer warrants that its plans and specifications conform to City 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 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. 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.
16. Assignment. This Agreement shall not be assignable without the written consent
of City.
17. Filing of Record Drawings. Upon completion of the work and subsequent to the
acceptance of the work by City, Developer shall supply City with one mylar (4 mils) set of record
drawings, 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.
z:;Pw',LAURIEI, EVEL-OPvBONres TR16082ISMITHSUB:wPD 4
18. 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.
Executed on August 1, 2000, at Redlands, California.
CITY OF REDLANDS ATTEST:
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By:
Mayor Pat Gilbreath City Clerk L r�oyzer
DEVELOPER
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By:
1:iPit%`,LAURIE',DEVELOP`BONDS`,TRI6082'.SMITHSUB.WPD 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 August 1,
2000, 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 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.
or- LORRIE POYZER, CITY CLERK
18 By:
Beatrice Sanchez. Deputy City Clerk
88
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(909)798-7531
— — — — — — — — — — — — —
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)
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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 1, 2000
Signer(s) Other Than Named Above: John L. Smith and Mary E. Smith
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _
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State of California
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County of S 3 f i e i 0
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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: �;r r.' R 44 f ? i s .;;
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Document Date:
Number of Pages- -
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Srgner Other Than Named Above: �
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Signer is Representing:
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J 1997 National Notary Association a 9:350 De Soto Ave-P.O,Box 2402 CA 9131 n-2402 Prod.No,5907 Fee.der;alt To't-F€ee 1 800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
R State of California
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 16082
Description Drawing No. Approval Date No. Of Sheets
The following plans are on file in the office of the Municipal Utilities Director:
Nater Improvement Plans D 60524 07/20/00 1
Sewer Improvement Plans F 1574-4 07/20/00 1
The following plans are on file in the office of the Public Works Director:
Street Improvement Plans F 1574/1-3 07/20/00 3
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