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MUNICIPAL UTILITIES AND Doc#: 2009—0432313 Titles: 1 Pages: 15
ENGINEERING DEPARTMENT
CITY OF REDLANDS 1i Fees 2.22
Taxes 0.00
Other 2.22
PAID $2.00
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
' 01
FEESNOT
E8 GOVERNMENT CODE
SECTION '0103 CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this 14`h day of April, 2009 ("Effective Date")by and
between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and
Mountain View Acres, Inc., hereinafter referred to as "Subdivider." City and Subdivider are
sometimes individually referred to herein as a"Party"and,together, as the "Parties."
RECITALS
WHEREAS, Subdivider is the owner or authorized developer of property located in the
City of Redlands known as Tract No.18699 (the"Subdivision") for which Subdivider is
obligated to construct certain improvements (the "Improvements") 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 City laws; and.
WHEREAS, Subdivider acknowledges that it is familiar with the provisions of the
Redlands Municipal Code and the State Subdivision Map Act(Government Code sections
66410 et seq.)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 Subdivider for
consideration by City;
NOW, THEREFORE, in consideration of the approval and acceptance by the City
Council of City of the final map for the Subdivision, and the mutual promises contained herein,
the Parties agree as follows:
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1. 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
Subdivider and approved by City, and which are described in Exhibit "A." 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.
2. Time for Completion. Construction of the Improvements shall be completed
within twelve (12)months from the Effective Date of this Agreement. In the event Subdivider
fails to complete construction of the Improvements within that time period, City may require
Subdivider's surety to complete the Improvements, or City may complete construction of the
Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety, as
hereafter provided.
3. Subdivider's Obligations to Construct Improvements. Subdivider shall:
a. Complete the Improvements, at Subdivider's expense, in conformance
with approved Improvement plans;provided, however, that the Improvements shall not be
deemed to be completed until accepted by the City as provided in Section 18 hereof.
b. Furnish at Subdivider's expense the necessary materials,provisions and
other supplies or equipment used for the Improvements, and a payment bond with respect to such
work or labor as required by Civil Code Section 3247, for the completion of the Improvements in
conformity with the Improvement Plans.
C. Acquire and dedicate all rights-of-way, easements, and other interests in
real property for construction and installation of the Improvements, or pay the cost of acquisition
incurred by City. All rights-of-way, easements and other interests in real property shall be free
and clear of liens and encumbrances. Subdivider's obligations with regard to acquisition by City
of off-site rights-of-way, easements and other interests in real property shall be subject to a
separate agreement between Subdivider and City. Subdivider shall also be responsible for
obtaining any public or private sanitary sewer, drainage, and/or utility easements or authorization
to accommodate the Subdivision.
d. Commence construction of the Improvements by the time established in
Section 25 of this Agreement and complete the Improvements as required by Section 2, above,
unless a time extension is granted by City.
e. Install all Improvement monuments required by law prior to acceptance of
the Improvements by City. Individual property monuments shall be installed within one year of
such acceptance.
f. Install street name signs conforming to City standards. Permanent street
name signs shall be installed before acceptance of the Improvements by City.
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4. Acquisition and Dedication of Property. If any of the Improvements
contemplated by this Agreement are to be constructed or installed on property not owned by City
or Subdivider, no construction or installation shall be commenced before:
a. The offer of dedication to City of appropriate rights-of-way, casements or
other interests in real property, and appropriate authorization from property owner to allow
construction or installation of the Improvements, or
b. The dedication to, and acceptance by, City of appropriate rights-of-way
easements or other interests in real property, as determined by the Municipal Utilities and
Engineering Director, or
C. The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. Subdivider shall comply in all respects with the
order of possession.
Nothing in this Section shall be construed as authorizing or granting an extension of time to
Subdivider.
5. Security. Subdivider shall at all times guarantee Subdivider's performance by
furnishing to City and maintaining good and sufficient security as required by the Subdivision
laws in accordance with Sections 66499 through 66499.10 of the Government Code, on forms
approved by City for the purposes and in the amounts as follows:
a. To assure faithful performance of the Agreement in regard to the
Improvements in an amount of 100% of the estimated cost of the Improvements; and
b. To secure payment to any contractor, subcontractor,person renting
equipment, or furnishing labor and materials for the Improvements, a bond in the amount of 50%
of the estimated cost of the Improvements; and
C. To guarantee or warranty the Improvements for a period of one (1)year
following acceptance thereof by City against any defective work or labor done or defective
materials furnished in the additional amount of 10% of the estimate cost of the Improvements;
and
d. Good and sufficient security in the amount of 100%of the estimated cost
of setting subdivision monuments.
e. Additional security as required by the applicable provisions of the
Redlands Municipal Code.
The securities required by this Agreement shall be kept on file with the City Clerk. The terms of
the security documents referenced in this Agreement are hereby incorporated into this
Agreement. If any security is replaced by another approved security, the replacement shall: (1)
comply with all the requirements for security in this Agreement, (2)be provided to the City
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Engineer to be filed with the City Clerk, and upon filing(3) be deemed to have been made a part
of and incorporated into this Agreement. Upon provision of a replacement security with the City
Engineer and filing of a replacement security with the City Clerk, the former security may be
released.
6. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement plans, not
exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed
upon by City and Subdivider shall not relieve the Improvement security given for faithful
performance of this Agreement. In the event such changes, alterations or additions exceed 10%
of the original estimated cost of the Improvements, Subdivider shall provide Improvement
security for faithful performance as required by Section 5 of this Agreement for 100% of the
total estimated cost of the Improvement as changed, altered or amended, minus any completed
partial releases allowed by Section 8 of this Agreement.
b. Subdivider shall construct the Improvements in accordance with City
standards in effect at the time of the Effective Date of this Agreement. City reserves the right to
modify the standards applicable to the Subdivision and this Agreement when necessary to protect
the public safety or welfare or comply with applicable Federal or State law or City ordinances. If
Subdivider requests and is granted an extension of time for completion of the Improvements,
City may apply the standards in effect at the time of the extension.
7. Inspection. Subdivider shall at all times maintain proper facilities and safe access
for inspection of the Improvements by City inspectors and to the shops wherein any work is in
preparation. Upon completion of the Improvements, Subdivider may request a final inspection
by the City Engineer of the City Engineer's authorized representative. If the City Engineer, or
the City's designated representative, determines that the work has been completed in accordance
with this Agreement, then the designated representative shall certify the completion of the public
Improvements to the Municipal Utilities and Engineering Director/City Engineer. No
Improvements shall be finally accepted unless all aspects of work have been inspected and
completed in accordance with the Improvement plans. When applicable law requires an
inspection to be made by City at a particular stage of the work of constructing and installing such
Improvements, City shall be given timely notice of Subdivider's readiness for such inspection
and Subdivider shall not proceed with additional work until the inspection has been made and the
work approved. Subdivider shall bear all costs of inspection and certification. No improvements
shall be deemed completed until acceptance by City.
8. Release of Securities. The securities required by this Agreement shall be released
as follows:
a. Security given for faithful performance of any act, obligation,work or
agreement shall be released upon the final completion and acceptance of the act or work, subject
to the provisions of subsection b. hereof.
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b. City may release a portion of the security given for faithful performance of
the Improvement work as the work progresses upon application therefor by Subdivider;
provided, however, that no such release shall be for an amount less than 25%of the total
Improvement security given for faithful performance of the Improvement work and that the
security shall not be reduced to an amount less than 50%of the total Improvement security given
for faithful performance until final completion and acceptance of the Improvements. In no event
shall the City Engineer authorize a release of the Improvement security which would reduce the
security to an amount below 125%of that required to guarantee completion for the Improvement
work and any other obligation imposed by this Agreement.
C. Security given to secure payment to any contractor, subcontractors and to
persons furnishing labor, materials or equipment shall, at six(6)months after the completion
and acceptance of the work,be reduced to an amount equal to no less than 125%of the total
claimed by all claimants for whom liens have been filed and of which notice has been given to
City,plus an amount reasonably determined by City to be required to assure the performance of
any other obligations secured by the security. The balance of the security shall be released upon
the settlement of all claims and obligations for which the security was given.
d. No security given for the guarantee or warranty for work shall be released
until the expiration of the warranty period and until any claims filed during the warranty period
have been settled. As provided in Paragraph 12, the warranty period shall not commence until
final acceptance of all the work and Improvements by City.
e. City may retain from any security released, an amount to sufficiently
cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
9. In
'u to improvements.,Public ProM or Public Utilities' Facilities.,
a. Subdivider shall replace or repair, or have replaced or repaired, as the case
may be, all public Improvements,public utility facilities and surveying or subdivision
monuments which are destroyed or damaged as a result of any work under this Agreement.
Subdivider shall bear the entire cost of replacement or repairs of any and all public or public
utility property damaged or destroyed by reason of any work done under this Agreement,
whether such property is owned by the United States or any agency thereof, or the State of
California, or any agency or political subdivision thereof, or by City or any public or private
utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction,and subject to the approval, of the City Engineer.
b. Furthermore,until such time as the Improvements are accepted by City,
Subdivider shall be responsible for, and bear the risk of loss to, any of the Improvements. Until
as all Improvements required by this Agreement are fully completed and accepted by City,
Subdivider shall be responsible for the care,maintenance of, and any damage to such
Improvements. City shall not,nor shall any officer or employee thereof; be liable to or
responsible for any accident, loss or damage, regardless of cause,happening or occurring to the
Improvements required by this Agreement prior to the completion and acceptance of the
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Improvements. All such risks shall be the responsibility of and are hereby assumed by
Subdivider.
10. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits
and licenses for the construction and installation of the Improvements, and give all necessary
notices and pay all fees and taxes required by law.
It. Default of Subdivider.
a. Default of Subdivider shall include, but not be limited to:
(1) Subdivider's failure to timely commence construction of the
Improvements;
(2) Subdivider's failure to timely complete construction of the
Improvements;
(3) Subdivider's failure to timely cure any defect in the Improvements;
(4) Subdivider's failure to perform substantial construction work for a
period of twenty (20) calendar days after commencement of the
work;
(5) Subdivider's insolvency, appointment of a receiver, or the filing of
any petition in bankruptcy, either voluntary or involuntary, which
Subdivider fails to discharge within thirty(30)days;
(6) The commencement of a foreclosure action against the subdivision
or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or
(7) Subdivider's failure to perform any other obligation under this
Agreement.
b. City reserves to itself all remedies available to it at law or in equity for
breach of Subdivider's obligations under this Agreement. City shall have the right, subject to
this Section,to draw upon or utilize the appropriate security to mitigate City's damages in the
event of default by Subdivider. The right of City to draw upon or utilize the security is
additional to and not in lieu of any other remedy available to City. It is specifically recognized
that the estimated costs and security amounts may not reflect the actual cost of construction or
installation of the Improvements and, therefore, City's damages for Subdivider's default shall be
measured by the cost of completing the required Improvements. The sums provided by the
Improvements security may be used by City for the completion of the Improvements in
accordance with the Improvement plans contained herein.
C. In the event of Subdivider's default under this Agreement, Subdivider
authorizes City to perform such obligation twenty(20) days after mailing written notice of
default to Subdivider and Subdivider's surety, and agrees to pay the entire cost of such
performance by City. City may take over the work and prosecute the same to completion,by
contract or by any other method City may deem advisable, for the account and at the expense of
Subdivider, and Subdivider's surety shall be liable to City for any excess cost of damages
occasioned City thereby. In such event, City, without liability for so doing,may take possession
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of, and utilize in completing the work, such materials, appliances, plants and other property
belonging to Subdivider as may be on the site of the work and necessary for performance of the
work.
d. Failure of Subdivider to comply with the terms of this Agreement shall
constitute consent to the filing by City of a notice of violation against all the lots in the
Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The
remedy provided by this subsection is in addition to, and not in lieu of, other remedies available
to City. Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall
be in the discretion of City.
e. In the event that Subdivider fails to perform any obligation hereunder,
Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such
obligations, including but not limited to fees and charges of architects, engineers, attorneys other
professionals and court costs.
f. The failure of City to take enforcement action with respect to a default, or
to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent
default or breach of Subdivider.
12. Warranty. Subdivider shall guarantee or warranty the Improvements undertaken
pursuant to this Agreement for a period of one(1)year after acceptance of the subdivision by
City against any defective work or labor done or defective materials famished. If within the
warranty period any work or Improvement, or part of any work or Improvement done, famished,
installed or constructed by Subdivider falls to fulfill any of the requirements of this Agreement
or the Improvement plans or specifications referred to herein, Subdivider shall without delay and
without cost to City repair or replace or reconstruct any defective or otherwise unsatisfactory part
or parts of the work or structure. Should Subdivider fail to act promptly in accordance with this
requirement, Subdivider hereby authorizes City, at City's option to perform the work twenty(20)
days after mailing written notice of default to Subdivider and to Subdivider's surety, and agrees
to pay the cost of such work by City. Should the City determine that an urgency requires repairs
or replacements to be made before Subdivider can be notified, City may, in its sole discretion,
make the necessary repair or replacement or perform the necessary work and Subdivider shall
pay to City the cost of such repairs.
13. Subdivider Not Agent or Employee of City. Neither Subdivider nor Subdivider's
agents, contractors or subcontractors are or shall be considered to be agents or employees of City
in connection with the performance of Subdivider's obligations under this Agreement.
14. Environmental Warranty. Prior to the acceptance of any property dedications or
Improvements by City, Subdivider shall certify and warrant that neither the property to be
dedicated nor Subdivider are in violation of any environmental law and neither the property to be
dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by
any federal, state or local governmental authority under or in connection with environmental law.
Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on,
under, or about the property to be dedicated, any hazardous substance except in compliance with
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all applicable environmental laws. Subdivider has not caused or permitted the release of, and has
no knowledge of the release or presence of, any hazardous substance on the property to be
dedicated or the migration of any hazardous substance from or to any other property adjacent to,
or in the vicinity of, the property to be dedicated. Subdivider's prior and present use of the
property to be dedicated has not resulted in the release of any hazardous substance on the
property to be dedicated. Subdivider shall give prompt written notice to City at the address set
forth herein of.
a. Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any hazardous substance on the property
to be dedicated or the migration thereof from or to any other property adjacent to, or in the
vicinity of, the property to be dedicated;
b. Any claims made or threatened by any third party against City or the
property to be dedicated relating to any loss or injury resulting from any hazardous substance;
and
C. Subdivider's discovery of any occurrence or condition on any property
adjoining in the vicinity of the property to be dedicated that could cause the property to be
dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use
for the purpose for which it is intended, transferability or suit under any environmental law.
15. Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the
Parties, or from entering into agreements with other Subdividers for the apportionment of costs
of the Improvements pursuant to the provisions of the City ordinances providing therefor, nor
shall anything in this Agreement commit City to any such apportionment.
16. Subdivider's Obligation to Warn Public During Construction. Until final
acceptance of the Improvements by City, Subdivider shall give good and adequate warning to the
Z1_
public of each and every dangerous condition existent in said improvements, and will take
reasonable actions to protect the public from such dangerous condition.
17. Vesting of Ownership. Upon formal final acceptance of the Improvements by
City and recordation of the Final Map, ownership of the Improvements constructed pursuant to
this Agreement shall vest in City.
18. Final Acceptance of Work.. Acceptance of work on behalf of City shall be made
by the Municipal Utilities and Engineering Director after final completion and inspection of all
Improvements. Such acceptance shall not constitute a waiver of defects by City.
19. Compliance with Laws. Subdivider and its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and
regulations in constructing the improvements including, but not limited to, all applicable Labor
Code laws.
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20. Insurance.
a. Subdivider's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Subdivider for the
duration of this Agreement and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by City. Subdivider shall provide City with Certificates
of Insurance evidencing such insurance concurrent with Subdivider's execution and delivery of
this Agreement to City, for City's approval.
b. Worker's Compensation and Employer's Liability. Subdivider shall have
Worker's Compensation and Employer's Liability insurance in force throughout the duration of
the Agreement in an amount which meets the statutory requirement with an insurance carrier
acceptable to City.
C. Com prepensive General Liability Insurance. Subdivider shall secure and
maintain in force throughout the duration of this Agreement comprehensive general liability
insurance covering all work under this Agreement, including work done by subcontractors,with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000)per
occurrence and two million dollars($2,000,000) aggregate for public liability,property damage
and personal injury is required. City shall be named as an additional insured and the insurance
policy shall include a provision prohibiting modification of the coverage limits or cancellation of
said policy except upon thirty (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
d. Business Auto Liability Insurance. Subdivider shall have business auto
liability coverage,with minimum limits of one million dollars ($1,000,000)per occurrence,
combined single limit for bodily injury liability and property damage liability. This coverage
shall include all Subdivider owned vehicles used on the project, hired and non-wArned vehicles,
and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to
any insurance or self-insurance maintained by City. City shall be named as an additional insured
and the insurance policy shall include a provision prohibiting modification of the coverage limits
or cancellation of said policy except upon thirty(30)days prior written notice to City.
21. Indemnity/Hold Harmless.
a. City and any official or employee thereof shall not be liable for any injury
to persons or property occasioned by reasons of the acts or omissions of Subdivider, its agents,
employees, contractors and subcontractors in the performance of this Agreement. Subdivider
further agrees to protect, defend, indemnify and hold harmless from any and all claims, demands,
causes of action, liability or loss of any sort,because of, or arising out of, acts or omissions of
Subdivider, its agents, employees, contractors and subcontractors in the performance of this
Agreement, except for such claims, demands, causes of action, liability or loss arising out of the
sole active negligence of City, its officials,boards, commissions, the members thereof,agents,
and employees, including all claims,demands, causes of action, liability, or loss because of or
arising out of, in whole or in part, the design or construction of the Improvements. This
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indemnification and Agreement to hold harmless shall extend to injuries to persons and damages
or taking of property resulting from the design or construction of said Subdivision, and the public
Improvements as provided herein, and in addition, to adjacent property owners as a consequence
of the diversion of waters from the design and construction of public drainage systems, streets
and other public Improvements. Acceptance by City of the Improvements shall not constitute an
assumption by City of any responsibility for any damage or taking covered by this Section. City
shall not be responsible for the design or construction of the property to be dedicated or the
Improvements pursuant to the approved Improvement plans, regardless of any negligent action
or inaction taken by City in approving the plans, unless the particular Improvement design was
specifically required by City over written objection by Subdivider submitted to the City Engineer
before approval of the particular improvement design, which objection indicated that the
particular improvement design was dangerous or defective and suggested an alternative safe and
feasible design.
b. After acceptance of the Improvements, Subdivider shall remain obligated
to eliminate any defect in design or dangerous condition caused by the design or construction
4�1 t:l
defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of
this paragraph shall remain in full force and effect for ten(10)years following the acceptance by
City of the Improvements. It is the intent of this section that Subdivider shall be responsible for
all liability for design and construction of the Improvements installed or work done pursuant to
this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or inspecting any work or construction. The
Improvement security shall not be required to cover the provisions of this paragraph.
C. Subdivider shall reimburse City for all costs and expenses(including,but
not limited to fees and charges of architects, engineers, attorneys and other professionals, and
court costs) incurred by City in enforcing the provisions of this section.
22. Personal Nature of Subdivider's Obligations. All of Subdivider's obligations
under this Agreement are and shall remain the personal obligations of Subdivider
notwithstanding a transfer of all or any part of the property within the Subdivision subject to this
Agreement, and Subdivider shall not be entitled to assign its obligations under this Agreement to
any transferee of all or any part of the property within the Subdivision or any other third party
without the express written consent of City.
23. Sale or Disposition of Subdivision. Subdivider may request a novation of this
Agreement and a substitution of security. Upon approval of the novation and substitution of
securities, Subdivider may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve Subdivider of the obligations under Section 22
for the work or Improvements done by Subdivider.
24. Time is of the Essence. Time is of the essence in the performance of this
Agreement.
25. Time for Commencement of Work. Time Extensions. Subdivider shall
commence substantial construction of the Improvements required by this Agreement not later
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than three(3)months after the Effective Date of this Agreement. In the event good cause exists
as determined by the Municipal Utilities and Engineering Director, the time for commencement
of construction or completion of the Improvements hereunder may be extended for a period or
periods not exceeding a total of two additional years. The extension shall be executed in writing
by the Municipal Utilities and Engineering Director. Any such extension may be granted
without notice to Subdivider's surety and shall not affect the validity of this Agreement or
release the surety or sureties on any security given for this Agreement. The Municipal Utilities
and Engineering Director shall be the sole and final judge as to whether or not good cause has
been shown to entitle Subdivider to an extension. Delay, other than delay in the commencement
of work, resulting from an act of City, act of God, by storm or inclement weather, strikes,
boycotts or similar political actions which prevent the conducting of work, which Subdivider
could not have reasonably foreseen, and furthermore were not caused by or contributed to by
Subdivider, shall constitute good cause for and extension of the time for completion. As a
condition of such extension,the Municipal Utilities and Engineering Director may require
Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in
an increased amount to compensate for any increase in construction costs as determined by the
Municipal Utilities and Engineering Director.
26. Certificate of Satisfaction. The City Manager may, upon the determination of the
Municipal Utilities and Engineering Director that Subdivider has fully satisfied the obligations
secured by this Agreement, at the request of Subdivider, execute and record a Certificate of
Satisfaction in the official records of the County of San Bernardino evidencing Subdivider's
compliance with, and satisfaction of, all obligations under this Agreement. Subdivider shall be
responsible for the payment of all City costs associated with the preparation and recordation of
such a certificate.
27. No Vesting of Rights. Performance by Subdivider of this agreement shall not be
construed to vest Subdivider's rights with respect to any change in any zoning or building law or
ordinance.
28. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by mail,postage prepaid and addressed as provided in
this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the
date of deposit in the United States Mail. Notices shall be addressed as follows unless a written
change is filed with City:
Notice to City: Municipal Utilities and Engineering Department Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Subdivider: Mountain View Acres, Inc.
275 Northgate
Redlands,CA 92374
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29. Severability. The provisions of this Agreement are severable. If any portion of
this Agreement is held invalid by a court of competent jurisdiction,the remainder of the
Agreement shall remain in full force and effect unless amended or modified by mutual written
consent of the Parties.
30. Captiffl§. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify,or aid in the interpretation, construction
or meaning of any provisions of this Agreement.
31. L_ifigati2n. In the event that suit is brought to enforce the terms of this
Agreement,the prevailing party shall be entitled to litigation costs and reasonable attorneys'
fees, including fees for use of in-house counsel by a Party.
32. lac2rporation of Recitals. The recitals to this Agreement are hereby incorporated
into the terms of this Agreement.
33. Entire Aggeement. This Agreement constitutes the entire Agreement of the
Parties with respect to the subject matter. All modifications, amendments, or waivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives of the
parties.
34. Interpretation, This Agreement shall be interpreted in accordance with the laws
of the State of California.
35. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be
in the County of San Bernardino, State of California.
IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein
above first written.
SUBDIVIDER CITY
MOUNTAIN VIEW ACRES, INC. , REDL DS
By: B
dhy Vagfer,- N.. Martinez
Director Attest:
By:
C,
Title
orrAe Poy7z r ' ,ty
:C1erk
(Notary attachment and proof of authorization for Subdivider's signatures I required and must be-'
attached)
l:\ca'\djni\Agreenients',,.Mountain view Ncres.Slkdoe 12
4/14,'2009
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO Ss
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section H 8 1, of the California Civil Code, and Chapter
2, Division 3, Section 40814, of the California Government Code, on April 21, 2009, before me, Teresa
Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California,
personally appeared N. Enrique Martinez, City Manager and Lorrie Poyzer, City Clerk who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) i4are subscribed to the within
instrument and acknowledged to me that he4ho/they executed the same in his*erAheir authorized
capacity(ies) and that by hisA*e4their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
0 WITNESS my hand and official seal.
LORRIE POYZER,CITY CLERK
RPORA
Cj
Cs By:
X/// I P 0 \ Teresa Ballinger,Assistant
Citytlerk
(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): City Manager and City Clerk
Entity Represented: City of Redlands,a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement(Tract No. 18699)
Date of Document: April 14,2009
Signer(s)Other Than Named Above: Mountain View Acres, Inc., By: William Feenstra, Director
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
1
On /S arc;f before me, ZOL,, ,L_
Datd Here insert Name and TaleFt the Officer
personally appeared Name(s)of Signer(s)
r
who proved to me on the basis of satisfactory evidence to
be the personKwhose name( isafe-subscribed to the
within instrument and acknowledged to me that
(�hosWe4hey executed the same in Wher!t4& authorized
capacity(ios), and that by ii /he eir signatures}on the
sumLAUNK HUNT instrument the persons , or the entity upon behalf of
which the person(s) acted, executed the instrument.
Comm
Cow" I certify under PENALTY OF PERJURY under the laws
I jowl 12012
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
�r �'Signa Place Notary Seal Above �,.. 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: Ju�c1f`t i5i'cn �/�Jr�7��/���r"��
Document Date: ��5�1d�' Number of Pages:
Signer(s) Other Than Named Above: t� �� r r 1yrL� 0, �C"c7/- eW f
Capacity(ies) Claimed by Signer(s)
Signer's Name:��f`�/r�lrrt �.�iSr:e. Zei�
s Name:
❑ Individual idual
❑ Corporate Officer--Title(s): orate Officer—Title(s
❑ Partner—❑ Limited ❑ General .,. ner--❑ Limited (- eneral
❑ Attorney in Fact • ney in Fact • `
Trustee Top of thumb here tee Top of thumb here
El❑ Guardian or Conservator rdian or onservatorOther: 12i/zlC°1Cs� r:Signer Is Representing: Is Representing:
02007 National Notary Assoraabon•9350 De Soto Ave_,PO,Box 2402•Chatsworth.CA 913132402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827