HomeMy WebLinkAboutContracts & Agreements_132-2001_CCv0001.pdf Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
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7- METUEST OF
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T,lLL Co. Doc No . 20010411304
RECORDING REQUESTED BY: 11 : 18am 09/11 /01
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS
205 30151232 03 06
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O, BOX 3005
REDLANDS, CA 92373
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 4th day of September, 2001 by and between the City of
Redlands, a municipal corporation, hereinafter referred to as "City," and -ctrv3-*- Hil-is B3tater, IW,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. 14790-3 (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 food 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 664tO et. L. eAj 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:
I 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 One Million Eight Hundred Eleven Thousand Dollars ($1,811,000,00),
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.
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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.
5. 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.
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
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indirectly from Developer, or Developer's agents. employees and subcontractors while enoraged in the
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performance of such work.
Prior to commenchig 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 anyperson 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. LiabilLty of,DevelgVer. 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-EWnses. Developer shall pay for the following expenses:
a. Developer and itssubcontractors shall pay for any materials,provisions and other supplies
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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.
IL 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 C
Lompletion, Upon the satisfactory completion of the Improvements
by Developer, the City Engineer shall certify, that the work of said Improvements has been satisfactorily
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completed.
16. Assiartment. 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.
I& 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 at Redlands, California.
CITY OF REDLANDS ATTEST:
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By:6--
Mayor Cit Clerk
DEVELOPER SUNSET HILLS ESTATES, LLC
fornia Limited Liabilty Company
By:--
Nichol��, J. Coussoulis
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Member—
By:
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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 September 4,
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
f Xj personally known to me - or - f 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.
fill// WITNESS my hand and official seal.
VkE D t,4A
gV40 LORRIE POYZER, CITY CLERK
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B
ly:
Beatrice Sanchez, Deputy City Clerk
"Z (909)798-7531
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 - Sunset Hills Estates
Date of Document: September 4, 2001
Signer{s} Other Than Named Above: Nicholas J. Coussoulis
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State c, CALIFORNIA
f
County of san, Pzrnarr
n,
On 1
n LILL- before me, Sally, DmTi Madrlid, -7\To-'Uar-v Pubiic
DATE NAME,TITLE OF OFFICER, (e.g_ "VANE DOE,NOTARY PUBLIC-)
p-ersonally appeared - Rei chclLas j. coussoulis-----------------------------------------
NAii`OE(S)OF SIGNER(S)
T personally known to me -OR- F proved to me on the basis of satisfactory evidence to be
the person(,-� whose name(,-x) Is/-qfg;c subscribed to the
within instrument and acknowledged to me that
SALC LrN.Nhey executed the same in hishbecabn± authorized
17'n_.3w'8 capacity#_-�s), and that by hiO� signature(_.;t) on the
Notcay
instrument the person(s), or the entity upon behalf of
it ja
y
which the person{) acted, executed the instrument.
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WITNESS my,,hand and official seal.
t/
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) El LIMITED
F-] ATTORNEY-IN-FACT GENERAL NUMBER OF PACES
F'_] TRUSTEEIS)
GUARDIAr-,I/CONSi_RVAT0 R DATE OF DOCUMENT
OTHER
SIGNER(S)OTHER THAN INAMED ABOVE
SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTiTY0;_:S)
CALIFORNIA NOTARY/ ILLEGIBLE NOTARY SEAQ ILLEGIBLE DOCUMENT
3-In-One Form
STATE OF CALIFORNIA )SS
COUNTY OF }
On before me, personally appeared
personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in his/her their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s) or entity upon behalf of which the person(s)acted, executed
the instrument t
i
WITNESS my hand and official seal
Signature w '
(This area for official rotary seal)
GOVERNMENT CODE 27361.7
1 certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as
follows;
NAME OF NOTARY: ` i
DATE COMMISSION EXPIRES:
COUNTY WHERE BOND IS FILED:
COMMISSION NUMBER;
PLACE OF EXECUTION: - _ DATE:
SIGNATURE.
I certify under penalty of perjury under the laws of the State of California that the illegible portion of this document to
which this statement is attached reads as follows:
PLACE OF EXECUTION: DATE:
SIGNATURE OF DECLARANT
(0&12199):TC (s-wxr4orms1fs13 in 1)
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 14790-3
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-60535 5
The following plans are on file in the office of the Public Works Director:
Street Improvement Plans 1609 08/21/01 14
Storm Drain
Street Lighting
7