HomeMy WebLinkAboutContracts & Agreements_86B-2001_CCv0001.pdf Recorded in Official Records. County of San Bernardino 510112002
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 5th day of June, 2001, by and between the City of
Redlands, a municipal corporation, hereinafter referred to as "City," and Park/Gibbs Development
Company, Inc. hereinafter referred to as "Developer."
RECITALS
WHEREAS, Developer is the owner of certain property located in the City of Redlands
generally known as City of Redlands Parcel Map No. 15617 (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 et. se .
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:
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AGREEMENT
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; provided, however, that Developer's obligation to
construct and complete the Improvements shall be waived to the extent that any of the
Improvements have been previously constructed by the Developer of Tract Map No. 15530 and
have been accepted as complete by City.
2. Description and Ownership 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 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, 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. Security for Improvements. Based upon Developer's and City's understanding that
the Improvements will be constructed and completed by the Developer of Tract Map No. 15530,
the City Engineer, based upon Developer's representation, has determined that no security is
required of Developer to guarantee construction and completion of the Improvements.
Notwithstanding, the foregoing, in the event the Improvements are not constructed by the
Developer of Tract Map No. 15530, the City Engineer may demand security from Developer in
accordance with Government Code section 66499.3.
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 Nonperformance. Neither the City nor its elected officials, officers
or employees shall be liable to Developer or Developer's contractors, agents or employees for
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any error or omission by Developer arising out of or in connection with any work performed
pursuant to this Agreement.
7. Liabilitv for Personal Injuries. 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. Release 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 don.- 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. 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 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.
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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.
11. AWroval 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 trade
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 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 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. 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.
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17. Attornevs' 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 June 5, 2001, at Redlands, California
CITY OF REDLANDS ATTEST:
Pat Gilbreath, Mayor Corrie Pg`yzer, G ty r
DEVELOPER:
Pari Gibbs Development Company, Inc. X\Xt\1t1111Oft/,/,RE �
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Kurt R. Gibbs, Executive Vice President #ttttt
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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 June 5, 2001,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Kurk R. Gibbs f I personally known to me -
or - Ix I proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged 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.
"0j%j1 I M WITNESS my hand and official seal.
P_
LORRIE POYZER, CITY CLERK
OR4 ane
1888 1
By:
Beatrice Sanchez, Deputy City Clerk
tttttt (909)798-7531
— — — — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
x Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
Title(s)
Entity Represented
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement
Z-1
Number of Pages : seven Date of Document: June 5, 2001
Signer(s) Other Than Named Above: Pat Gilbreath, Mayor, Lorrie Poyzer, City Clerk, City of
Redlands
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 June 5, 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
t Xj personally known to me - or - t 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.
0LORRIE POYZER, CITY CLERK
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Beatrice Sanchez, De.putyCit�
- 1 888 ty Cler
-7531
4, (909)798
— — — — — — — — — — — — — — — — —
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
Number of Pages : seven Date of Document: June 5, 2001
Signer(s) Other Than Named Above-, Kurt R. Gibbs, Park/Gibbs Development Co., Inc.
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
PARCEL MAP NO. 15617 (MS 255)
Description Drawing No. Approval Date No. Of Sheets
The fallowing ^l are on file in the office of the Public Works Director
Street Improvement Plans F 1597/3 April 25, 2001 1
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