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Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
Doc No . 20000279715
11 : 09am 08/03/00
RECORDING REQUESTED BY:
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS
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WHEN RECORDED,RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS 1 2 3 4 5
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REDLANDS CA 92373
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ON ST LN , SVY CIT CO TRANS TAX DA I CHRG d EXAM
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 13th day of July, 2000 by and between the City of Redlands
a municipal corporation, hereinafter referred to as "City," and Pioneer Redlands Associates, L. P.
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.16015 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 §§66410-66499.371 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 Two Hundred Eighty Nine Thousand Dollars ($289,000.00),
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, 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.
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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 monies to cover City's cost in completing
construction of the Improvements.
4. Surety 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.
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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. Release and Indemnification. Developer shall defend, indemnify and save City, its elected
officials, officers, employees and agents harmless 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, 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 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.
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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 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 said policy shall not be canceled until City shall have
had at least 45 days' prior -notice in writing of such cancellation.
9. Liabift 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.
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11. Approval by City 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 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. Wamant and guarantees materials
,y. Without limiting the foregoing, Developer warrants
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.
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16. 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.
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 1 2000, at Redlands California.
CITY OF REDLANDS ATTEST:
By:
Mayor City/Clerk
DEVELOPER , PIONEER REDLANDS ASSOCIATES, L.P.
v
Bv. Date: July 18, 2000
Ma- rk E. d-Lrdner, President, Gardner Construction and Development, Inc., Gen. Partner
By: Date:
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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 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.
D LA/V, LORRIE POYZER, CITY CLERK
0<
Z
AX
Beatrice Sanchez. Deputy City Clerk
(909)798-7531
CA L f:
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: July 13, 2000
Signer(s) Other Than Named Above: Mark E. Gardner
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 July 18, 2000,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Povzer, City Clerk of the
City of Redlands, California, personally appeared Mark E. Gardner I 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,
WITNESS my hand and official seal.
0 F F?
Cj
LORRIE POYZER, CITY CLERK
%
By:
�py City �ii,
Beatrice Sanchez, eputy City Clerk
ORN%N
(909)798-7531
— — — — — — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
x Individual(s) signing for oneself/themselves
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
Date of Document: July 13, 2000
Signer(s) Other Than Named Above: Pat Gilbreath and Lorrie Poyzer
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 16015
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 60523 04/26/00 3
Sewer Improvement Plans F 1566/9-14 04/26/00 6
The following plans are on file in the office of the Public Works Director
Street Improvement Plans F 1566/1-8 02/02/00 g
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