HomeMy WebLinkAboutContracts & Agreements_141-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8109/2007
1:43 PM
LARRY WALKER DTH
Chicago Title Company 't
Auditor/Controller — Recorder
RECORDING REQUESTED BY: 726 Chicago Title Company — CIS
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS Doc#: 2007—0465785 Titles: 1 Pages: 17
Fees 58.00
Taxes 0.00
Other 1.00
PAID $59.00
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005 1 2 3 4 5 S r 7 ' r q �-
REDLANDS, CA 92373 PG FEE APF GIMS PH COY CRT COY ADD NM PCOR
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NON ST V, SVY CIT-CO TRANS TAX DA CHRr aM
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this7tnday of August 2007,by and between the City
of Redlands, a municipal corporation, hereinafter referred to as "City," and Maggie Lane
Development Corporation, hereinafter referred to as "Subdivider."
RECITALS
WHEREAS,Subdivider is the owner or authorized developer of property located in the City
of Redlands known as Parcel Map No. 17353(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;
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:
Sub.Improve.Agrtnt./May I6,2006 1
L Definition and OMMgghi of Im rove encs. The Improvements include but are not
limited to the grading, paving,construction of curbs and gutters, stonn 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. Time for Cgm_nletion. Construction of the Improvements shall be completed within
twelve (12) 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 construction of the
Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety, as
hereafter provided.
3. Subdivider's Obliorations to Construnt rave end. Subdivider shall:
a. Complete,at Subdivider's own expense,all the public Improvement work required
by City in confortnance with approved Improvement Plans within one(1)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.
K Fumish 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 confortnity with
the Improvement Plans.
C. Acquire and dedicate all rights-of-way,easements,and other-interests in real property
for construction and installation ofthe Improvements,or pay the cost ofacquisition 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 .") 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 prior to forinal
final acceptance of the public Improvements by the City. Individual property monuments shall be
installed within one year of said acceptance.
Sub.Improve.Agmt.-May 16,2006
f. Install street name signs conforming to City stand ards. Perm-anent street name signs
shall be installed before acceptance of the improvements by the City.
4. Acguisition and Dedication of ProL If any of the public improvement and land
use development work contemplated by this Agreement is to be constriletecl 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 of appropriate 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. Sec `t Subdivider shall at all titnes guarantee Subdivider's performance by
furnishing to City and maintaining good and sufficient security as required by the Subdivision laws
in accordance with Sections 66499 through 66499.1 of the Government 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 100%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 furnish 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
in Section 3(e) for a period of one year plus thirty (30) days from formal acceptance by the City
Council.
3
Sub,improve,Agrmt/may M 2006
The securities required by this Agreement shall be kept on file %Npith the City Clerk. The
to of the security documents reference in the Agreement are incorporated into this Agreement
by this reference. If any security is replaced by another sec .approved the I c n 11
e s urity, i
rep a e- ent sha :(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 tolmnrovement 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 perforinance
as required by Section 5 of the Agreement for 100%of the total estimated cost of the Improvement
as changed, altered or amended,minus any completed partial releases allowed by Section 8 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, re. ryes the right to modiA,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 of the Improvements, City may apply
the standards in effect at the time of the extension.
7. Inspection. Subdivider shall at all times 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,deterinines that the work has been completed in accord ancewith 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 work 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 of inspection and certification. No improvements
shall be deemed completed until acceptance by the City Council pursuant to Section 18 herein.
8. Release of_Securities. The securities required by this Agreement shall be released as
follows:
SubArnprove-"n t./May 16,2006 4
a. Security givers for faithful performance of any 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 other 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 who 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 ol"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 attomeys' fees.
9In to rove ants public fro or public Utilities l acilities.
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.
Sub,Improve.Agrrm/May 16.2006
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.
11. Default of Subdividers
a. Default of Subdivider shall include, but not be limited to:
(1) Subdivider's failure to timely commence construction ofhnprove meats under
this agreement;
(2) Subdivider's failure to timely complete construction of the Improvements;
(3) Subdivider's failure to timely cure any defect in the Improvements;
(4) Subdivider's failure to perform substantial construction work for a period of
twenty(20) calendar days after commencement of the work;
(5) Subdivider's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within
thirty(30)days;
(6) The commencement of a 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 Aareernent, 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,
SubAmprove.Ag mtplay W 200-6 6
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 co.-r.pleting
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
and 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. AWgEEa . 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 ftu-nished. If within the
warranty period any work or prove era or part of any work or Improvement done, ffirnfished,
installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or
the Improvement plans or specifications refeffed to herein, Subdivider shall without delay and
without cost to the City repair or replace or reconstruct any defective or tithe rise 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 cost 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.
13. Subdivider Not Ap-ent or Employee of Ci Y. Neither Subdivider nor Subdivider's
agents,contractors or subcontractors are or shall be considered to be agents or employees of the City
in connection with the performance of Subdivider's obligations under this Agreement.
14. Environmental Warm— Prior to the acceptance of any property dedications or
Improve encs by City,Subdivider shall certify and warrant that neither the property to be dedicated
nor Subdivider are in violation of any environmental. law 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 govemmental authority under or in connection with environmental law. Neither
SuUmprove.Agnnt-Alay 16,21006
Subdivider nor any third p will use, generate, manufacture, produce, or release, on, tmder, or
about the property to be dedicated,any hazardous substance except in compliance with all applicable
environmental laws. Subdivider 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 of the 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;
b. Any 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 ofthe property to be dedicated that could cause the property to be dedicated or any part
wn z urpo
thereof to be subject to any restrictions on its o ership,occupan,y, use for the p se for-which
it is in-tended,transferability or suit under any envirom-nental law.
15. Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements conic eptly or previously executed between the Parties,
or from entering into agreements with other Subdividers for the apportionment of costs of Avater and
sewer mains, or other improvements pursuant to the provisions of the City ordinances providing
therefor, nor shall anything in this Agreement commit City to any such apportionment.
16. 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. 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. Final Accent nee of Work Acceptance of work on behalf of City shall be made by
the Public Works Director upon recommendation of the City Engineer after final completion and
inspection of all improvements. The Public Works 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.
Sub.Improve-Agmt-I'May 16,2006 8
lqcompliance 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 perforniance of the improvements and land development pursuant to this agretment including
but not limited to all applicable Labor Code and prevailing wage laws.
20. Insurance.
a. Subdivider's Insurance to,be Primm
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 Co nsationa�ndEm�lo� �e�r'sLia�bili�.
ge�
1. Subdivider shall have )Vork-er's Compensation and Employer's Liability
insurance in force throughout the duration ofthe Agreement in an amount which is the statutory
requirement NNrith an insurance carrier acceptable to City. Such insurance shall be primary and Pon-
contributing to any insurance or self-insurance maintained by City. City shall be narned as an
additional insured and the insurance policy shall include a provision prohibiting cancellation of said
policy except upon thirty(3 0)days prior written notice to City. Certificates of Insurance shall be
delivered to City within fifteen(15)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
by expressly waiving Subdivider's innnunity for injuries to Subdivider's employees and agrees that
the obligation to indemnify defend and hold hanniess 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 daagesreferenced herein were caused by or
resulted ftom 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. Comprehensive General Ligbilfty Insurmce. 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($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 xvit-hin fifteen(15)days of
execution of ihis Agreement.
SubJmprove.Agrtra./Nla� W2 9
Subdivider shall have business auto liability
d. auto €i(it per curterice,combined single limit
coverage,with e shall include all Subdivider
for bodily ini and employee non-ownership
owned vehicle
vehicles. eof shll not be liable
21. 'Hold Harmless.. City or any officer or employee ther
for any injury to persons or property occasioned by reasons of the acts or omissions aof Subdivider,
its agents, employees, contractors and subcontractors in the performance of this Agreement.
fend,indemnify and hold harmless from any and all claims,
Subdivider further agrees to Protect,de f,or arising out of,acts or mance of omissionsthis
demands,causes of action,liability or loss of any sort,because o
of Subdivider, its agents, employees, contractors and subcontractors in the perfor
Agreement,except for such claims,demands,causes of act ion,liability or loss arising out of the sole
.the members thereof, agents, and
acLive negligence of the City, its officials,boards, commissions
employees, including all claims,demands,causes of action, liabilityor
sof
ortion inaindout of,in whole or in part,the design or construction of the Impeen .lossibecauThs fica
Agreement to hold harmless shall extend to injuries to persons and damages or taking of Property
resultingI-
,rom the design or construction of said Subdivision, and the public Improvements as
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 systerns, 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
to e dedicated or the improvements
responsible for the design or construction of the property b
pursuant to the approved improvement plans or map,regardless of any negligent action or inactitaken
on
taken by the City in approving the plans or map,regardless of any negligent action or inaction
map.unless the particular improvement design was specifically
or
by the City in approving the plans n by Subdivider submitted to thtnbore approrequired by City over written objectio Whchobjectionindicatedat the particular improvement
of the particular improvement design, ive safe and feasible design.
design was dangerous or defective and suggested an alternat
After acceptance of the improvements,the Subdivider shall remain obligated to eliminate anY
defect in design or dangerous condition caused by the design or construction defect: however,
routine maintenance. The provisions of this paragraph shall
Subdivider shall not be responsible farring the acceptance by the City of the
remain in full force and effect for ten (1 0) years follow
nts. it is the intent of this section that Subdivider shall be responsibor aImproverne ofthe improvements installed or work done pursuantolehAll greement and
design and construction
that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in
approving,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 other professionals,and court costs)incurred
v,
by City in enforcing the provisions of this section.
10
Sub.1rn-provc,Agrtnt/May 16,2006
2 . Personal Nae of Subd ivider's Obli" All of Subdivider s obligations under
2tur . standng a
remain the personal Obfi-6-ations of Subdivider notwith i
this Agreement are and shallSubdivision subject to this Agreement, and
of the property within the
transfer of all or any Part ed to assign its obligations under this Agreement to any transferee of
Subdivider shall riot be entitled other third party without the express
property withino the Subdivision or any
all or any part of the
written consent of the City.
Dosition of Subdivision.iSeller or other Subdivider may request a novation
23. Sale or of the novation and substitution of
of this Agreement and a substitution of security. upon approval
securities, the Subdivider may request a release or reduction of the securities requnduireer Sectiod by this
Agreement. Nothing in the novation shall relieve the Subdivider of the obligations n
22 for the work or Improvement done by Subdivider.
24. Time—i—sd—th—eE—ssence- Time is of the essence in the performance of this Agreement.
tent of Work- Time Exte , Subdivider shall commence
25. ement not later than three (3)
�n
substantial co --ists as determined by the City
months after nst cion or co pofthe improvements hereunder
Engineer,the ti ngato 0 additional years. The extension
may be extended for a period or periods not excee
d wrCEngineer. Any such extension may be granted without notice
shall be executein 'ting by the qty
to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or
The City Engineer shall be the sole and final
sureties on any security given for this Agreement
judge as to whether or not good cause has been shown to entitle SubdividCity,act er to an extension.God,by Delay,
other than delay in the commencement of work,resulting from an act of of storm
or similar political actions which prevent the caused
or inclement weather,strikes,boycotts ly foreseen, and furthermore were not by
work, which Subdivider could not have reasonably for fish
anSubdivider to d extension of the time for
or contributed to by Subdivider, shall constitute goocause
completion. As a condition of such-extension,the Citygieer may require furn
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 Works Director that Subdivider has fully satisfied the obligations secured by this Agreement,
at the request of Subdivider,execute and record a Certificate of Satisfaction n the official records
i
Bernardino evidencing that Subdivider has complied with, and satisfied, all
of the County of San Subdivider shall be responsible for the payment of all City costs
obligations under this Agreement. recordation of such a certificate.
associated with the preparation and
27. N—O—V—e-St—in1—Of—R—'9h1S-- Performance by Subdivider of this agreement shallg lanot be
construed to vest Subdivider's rights with respect to any change in any zoning ort
or
ordinance.
ll
Sub,lmproveAennt./May 16.2006
ON
I MO.
ce ent slgall be it
Notices. A11 notices required or provided.for under28.
rodded in this
vArritin d delivered in person or sent by ail,pasta e prepaid d addressed ' '
section. No�rce shall effective on the date it is delivered in per n,or, if ar'ed,oil the hdate co
deposit in the ,united Mates Mail. Notices shall be addressed follows less a written
is filed xith the City:
Notice to City: Public works Director/City Engineer
City of Redlands
P4 Box 3005
Redlands, CA 92373
Notice toSubdivider: Maggie lane Development Corporation
parviz parvizyar,President
8500 Melrose Av., 4217
West Hollywood, CA 90069
Notice to Surety: The Insco/Dico Group
500 N.Brand Blvd.,#1120
Cjalendale, CA 91203
9. D c bilitya The provisions of this Agreement are severablen In any Portion of
this Agreement is held invalid by a court of competent tent urisdiction,the remainder of the
Agreement shall remain in full force and effect unless amended or modified by mutual written
consent of the parties.
30. Captions. The captions of this Agreement are for convenience and reference only
and shall not define,explain, modify, limit, exemplify, or aid in the interpretation, construction
or meaning of any provisions of this Agreement.
31. I.,iti a.�..tion• In the event that suit is brought
o enforce attorney's fees.the terms of this Agreement,
the prevailing party shall be entitled to litigation costs and
32a Inco ration of Recitals. The recitals to this agreement are hereby incorporated
into the terms of this Agreement.
011
F
12
constitutes the entire Agreemen-1 of the parties
'Ms agreement c
3 E -waivers of the terms of
matter. All modifications, en tints, o
with respect to the subject signed by the appropriate representative f the p itis.
this Agreement must be in wrtng and I so art
34. !Me retation. This Agreement shall be interpreted in accordance with the laws of
the State of California.
35. Jpp:sdiction. Jurisdiction of all disputes over the terms of this Agreement shall be
in the County of San Bernardino, State of California.
IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein
above first written.
SUBDIVIDER CITY OF REDLANDS
MAGGIE LANE DEVELOPMENT CORPORATION
B
By: Ci anager N. En due Martinez
Title F 0, Parviz Parvizyar
Attest:.'
By
City Clerk,
Title
(,Notary attachment and proof of authorization
for Subdivider's signatures
required and must be attached)
13
Sub,improveAgrm-tway 16,2006
mm"'awn
as
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
7, City
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City lerk of City
of Redlands, California, personally appeared N. Enrique Martinez, City Manager and Lorrie Poyzer,
City Clerk{ 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 s1ignatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official sea].
LORRIE POYZER, CITY CLEC
rX1
1888ffi
ar
BY:
Teresa Ballinger,
IFOV�
""till I It!w'O'\ (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
ludividual(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): City Manager and City Clerk
Entity Represented: City of Redlands, a municipal corporation
.................
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
7 3 5
Title or Type ofDocument: 3).
nt: Subdivision Improvement Agreement (Parcel Map No. I
Document: August 7, 2007
Date of Docun Maggie Lane Development Corporation, Subdivider by:
Signer(s) Other Than Named Above
Parviz Parvizyar, CEO
STATE OF CALIFORNIA } SS.
COUNTY OF
On a� before me, personally,
appeared P! 12 /2 v i�L Y A , personally known to me (e*
to be the person(s) whose
nam*) is/am subscribed to the within instrument and acknowledge to me that
he/sheAkey executed the same in his/herlr authorized capacity and that by
his/lra Mteir signatureH on the instrument the person(s) or the entity upon behalf
of which the person
(.9)acted, executed the instrument.
OJIENONIFER,PAIGE �. IVIAN
{)MM,#1659543WITNESS my hand and official seal. Y SL • 'ALOS ANGELES COUNTY
Comm,Exp,APRIL 20,2010
Signature
s
y
Recorder
LARRY LARRY
W. WARD P.O.Box est
Riverside,CA 92502-0751
COUNTY OF RIVERSIDE
(951)486-7000
ASSESSOR-COUNTY CLERK-RECORDER
http://rivcrsidc.asrclkrca cora
-cezry ax'x' .
NOTARY CLARITY
Under the provisions of Government Code 2wh6 h this sta ementr is attached enalty �eads as
f perjury
that the notary seal on the document
follows:
Name of Notary: Jennifer Paige Goldman
Commission #: 1659543
Place of Execution: Los Angeles County, California
Date Commission Expires: April 20, 2010
Date: August 9, 2007
Signature:
Print Name: Steven J. Gallagher
ACR 186P-AS4RE0(Rev.01/2005)
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
PARCEL NO. 17353
MINOR SUBDIVISION NO. 288
Drawing No. Approval_Date No. of_Sheets
The following plans are on file in the office of the Public Works Director(PWD) and Municipal
Utilities Department
Street improvement Plans (PWD) 1903-ST 05/22/07 05
Street Light Plans(PWD) 1903-SL 04/24/07 01
Traffic Striping Plans(PWD) 1903-TS 05/17/07 01
Street Tree Plans(PWD) 1903-TP 05/22/07 02
Landscape/Irrigation Plans (PWD) 1903-TP 07/17/07 11
Water Improvement Plans (MUD) D-60631 05/10/06 03
Sewer Improvement Plans(MUD) F-1963 05/10/06 03
14
Sub,ImproveAgnnt./May 16,2006