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Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
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205 30132773 03 04
City Clerk's Office
City of Redlands
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Post Office Box 3005
Redlands, CA 92373f "1 aEN SYT CST-CQ URNS TAX OA CN.RG _ EXAM
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SUBDIVISION IMPROVEMENT AGREEMENT
Title of Document
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 2nd day of May, 2000 by and between the City of
Redlands a municipal corporation, hereinafter referred to as "City," and Standard Pacific of the
Inland Empire, a Division of Standard Pacific Corp., a Delaware Corporation, 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. 15937
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 farce 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
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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 Four Million, Three Hundred Eighty Seven
Thousand, Eight Hundred Sixty Dollars ($4,387,860.00), 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. Defmition 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 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.
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7. Whility for Personal W ries City shall not be liable to Developer or to any ether
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,
. 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 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
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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. • Liability 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.
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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. 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. 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.
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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
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. Attorne sy ' 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.
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Executed on May/7, 2000, at Redlands, California.
CITY OF REDLANDS ATTEST:
Pat Gilbreath .crtxrr
Mayor ci clgrk Beatrice Sanchez
Deputy C. ty Clerk
DEVELOPER
Standard Pacific of the Inland Empire, a Division of Standard Pacific Corp., a Delaware
Corporation
By: ,' Date: YA
#
ichael James VMYte
Authorized Representative
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STATE OF CALIFORNIA }ss.
COUNTY OF Orange }
On April 28, 2000 before me, Judith n Crimmins
personally appeared Michael James White
personally known to me
(ortazne�ntbe�asis=atsat;sfa�tsxri~��tts to be the person(s) whose name(s) is/aFe
subscribed to the within instrument and acknowledged to me that he/4{#-+&y executed the same
in hisA49F 4eiv authorized capacity(ies), and that by his/hparLtbeir signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ;el�
JUDITH D CMMMINS
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GUMM.#1211652NOTARY PUBLIC•CALIFORNIAORANGE COUNTY
Comm.Expires Feb.26,2003
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1,94) (General)
=1st American Title Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEMMENT
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personally known to me—OR— proved to me on the basis of satisfactory evidence to be the person(s�
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and acknowledged ed to me that he1she/they executed the
sure in his/her/their authorized capacity(ies;
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 15937
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 60521 03/01/00 4
Sewer Improvement Plans F 1565 01/18/00 15
Hinckley WTM Water Relocation D 60487 04/25/00 1
Citrus Plan D 50105 04/25/00 1
The following 121ans, are on file in the office of the Public Works Director:
Street Improvement Plans F 1565 01/25/00 15
Storm Drain Plans F 1569 04/28/00 10
Street Light Plan F 1565 01/25/00 1
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