HomeMy WebLinkAboutContracts & Agreements_62-2001_CCv0001.pdf Recorded in officil , County of
PLEASE C0611PIXTE TM MWORMATION San Bernardino� LararyRecordsWalker, Recorder
RECORDING REQUESTED BY Doc No . 20010186781
RECORDING AT THE REQUEST OF 3 : OOPM 05/ 14/01
CHICAGO TITLE CO.
AM wtim RECORDED KVJL To-. 117LE
City Clerk's Office I F— 2 3 F— 4 F--j 5 r— 6 F-� 7 [— 8 F--j 9 0 9
City of Redlands PG FEE I APF GIMS PH CPY CRT CPY ADD NM PEN PR POOR
P.O. Box 3005
Redlands, California 92373
F 5 L4-
Svy 16
LN IF4 EXAM
NON ST CIT-CO TRANS TAX DA CHRG
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTE: Fees not required per
N, Government Code Section 6103
SUBDIVISION IMPROVEMENT AGREEMENT
ride of Document
6 E' ea
OR:.
-M
1- .... ..
11"COVER SHEET AWED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
Wv��)
RECORDING REQUESTED BY:
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
ti.vIRI-0
ODE
-cm,014 60 (THIS SPACE FOR RECORDER'S USE ONLY)
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 1st day of May, 2001 by and between the City of
Redlands, a municipal corporation, hereinafter referred to as "City," and sumet Hills Mates, 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. 14790-2 (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 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
1:"PW',ILAURIE\Development\BONDS\TRI4790-2\5UBDIV.wpd I
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 Sixty Eight Thousand Dollars
($1,868,000.00), 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.
l."PW\LAURIE-NDevelopmene---BONDS\TRI47'X)-2`ISUBDIV,wpd 2
4. Sure 1y 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 In-juries. 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
1:\PWILAURIEI,Development\130NDS\TRI4790-2\Stj DIV.NA,,pd 3
JB
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 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 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 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. 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 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 Expenses. Developer shall pay for the following expenses:
a Developer and its subcontractors shall pay for any materials, provisions and other supplies
1:',PW\LAURIE\Development'-,BONDSTRI4790-2\SUBDIV,wr,d 4
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. 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. Warrant,. 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 Completion. Upon the satisfactory completion of the Improvements
by Developer, the City Engineer shall certify that the work of said Improvements has been satisfactorily
1:\PWI,L4URIE-%Development\130NDS\TRI47()0-2\SUBDIV.wpd 5
completed.
16. Assignment. 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.
18. 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 May 2, 2 0 0 1 at Redlands, California.
CITY OF REDLANDS ATTEST:
By
Mayor City lerk
DEVELOPER
14"
17
Sunset Hills Estates, LLC
Nicholas J. coussoulis
Managing Member
1:\PW'iLAURIE\Development3BONDS',TRI4790-2\SUBDIV.wlxI 6
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 14790-1
Description Drawing No. Approval Date No. Of Sheets
The following plans are on file intheoffice of the Municipal Utilities Director:
Water Improvement Plans D 60531 February 27, 2001 4
The following plans are on file in the office of the Public Works Director:
Street Improvement Plans F 1587 April 11, 2001 11
Storm Drain Plan 4
Street Light / Striping 1
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_!Ee
State of California
County of San Bernardino
On May 14, 2001 before me, sally Lynn Madrid, Notary Public
Date Name and Title of Officer(e.g.,-jam Doe,Notary Public-)
personally appeared Nicholas J. Coussoulis------------------—---------------
Narne(s)of Signer(s)
personally known to me—OR—0 proved to me on the basis of satisfactory evidence to be the person(g)
whose name(s3 isWe subscribed to the within instrument
and acknowledged to me that he/XAGMWY executed the
same in his10QVMr authorized capacity(PW,and that by
SALLy LyNN MADRID hisixsignature(�)on the instrument the person(6),
�Caftv*gm#1233290 or the entity upon behalf of which the personft) acted,
wohxy Pk"---- executed the instrument.
sm ffamatoro cmgdy
myc4m
WITNESS my hand and official seal.
j
u n
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual El Individual
E] Corporate Officer 0 Corporate Officer
Title(s): Title(s):
:1 Partner—El Limited 0 General F-7 Partner-71 Limited 0 General
El Attomey-in-Fact D Attorney-in-Fact
E, Trustee 71 Trustee
C1 Guardian or Conservator 0 Guardian or Conservator
El Other: Top of thumb here E; Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association-8236 Reninnet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827