HomeMy WebLinkAboutContracts & Agreements_145-2003_CCv0001.pdf Recorded in Official Records, County of San Bernardino 7/2312003
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. � Auditor/Controller — Recorder
PUI IC WORKS DEPARTMENT +
CITY OF REDLANDS 14 601 First American — CC
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CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
CITY OF RI:DLANDS
SUBDIVISION IMPROVEIv1ENT AGREEMENT
THIS AGREEMENT is effective the 15th day of July , 2003, by and between the
City of Redlands, a municipal corporation, hereinafter referred to as "City," and Wooden Bridge
Lane, LLC, hereinafter referred to as "Subdivider."
RECITALS
AREAS, Subdivider is the owner or authorized developer of certain property located in
the City of Redlands generally know as Tract Map No. 16042 (the"Subdivision'), and Subdivider
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, 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. sec .)
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 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 mutual promises contained herein,the parties
hereto avree as follows:
1i 111WNicKsubdivision Improvement Agreements 1. V-Tract 16042.,Apd
1, Definition and Ownership of Improvements. The Improvements Include but are not
lim4ed 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's engineer
and approved by City,and which are attached hereto as Exhibit "A." No work on the Improvements
shall be commenced by Subdivider 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 Subdivider. 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 of Completion, Construction of the Improvements shall be completed within
twelve (12) months from the date of Subdivider's execution 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, at Subdivider's own expense, all the public Improvement work required by
City in conformance with approved Improvement Plans within one(1)year following the date of this
Agreement; provided, however, that the Improvements shall not be deemed to be completed until
accepted by City Council as provided in Section 19 herein.
b. Furnish at Subdivider's expense the necessary materials,provisions and other supplies
or equipment used for Improvements and for 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. The 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
u i
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 the agreement and complete the Improvements by the deadline stated in Paragraph 3(a) above,
unless a time extension is granted by the City as authorized in Section 26.
e. Install all subdivision public improvement monuments required by law prior to formal
final acceptance of the public improvements by the City. Individual property monuments shall be
installed within one year of said acceptance.
1.1'%Vl -act 16042,�,vpd 2
-NICIO.Subdivision Improvement AgreementsSli-V-1 r,
f Install street name signs conforming to City standards. Permanent street name signs
shail be installed before acceptance of the Improvements by the City,
4. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public
improvement and land use development work contemplated by this agreement is to be constructed
or installed on land 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, easements or other
interests in real property, and appropriate authorization from property owner to allow construction
or installation of the improvements or work, or
b. The dedication to,and acceptance by,the City of appropriate rights-of-way easements
or other interests in real property, as determined by the City Engineer, 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 Section 4 shall be construed as authorizing or granting an extension of time to the
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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 this agreement in regard to said 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 required to be constructed and installed pursuant
to this Agreement, Subdivider shall provide City with a bond in the amount of 100%ofthe estimated
cost of the improvements-, and
C. To guarantee or warranty the work done pursuant to this Agreement 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 25% of the estimate cost of said
improvements; and
d. Subdivider shall also furnish to City good and sufficient security in the amount of
100%of the estimated cost of setting subdivision monuments as stated previously in this Agreement
in Section 3(e) for a period of one year plus thirty (30) days from formal acceptance by the City
Council.
1:41W"NICKSubdivision hnprovemellt jkgreemenv;\S-I,X-`Iracf 16042-�pd 3
The securities required by this agreement shall be kept on file with the City Clerk. The terms
of the security documents reference In the agreement are incorporated into this agreement by this
reference. 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 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 the 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%ofthe original estimated
cost of the improvements, Subdivider shall provide improvement security for faithful performance as
required by Section 5 of the 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, The Subdivider shall construct the improvements in accordance with City standards
in effect at the time of execution 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 zoning 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 public improvements by City inspectors and to the shops wherein any work is in
preparation. Upon completion of the work the Subdivider may request a final inspection by the City
Engineer or the City Engineer's authorized representative. If the City Engineer, or the designated
representative,determines that the work has been completed in accordance with this agreement,then
the City Engineer shall certify the completion of the public improvements to the City Council, No
improvements shall be finally accepted by the City Council 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 the 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 the City Council pursuant to Section 18 herein.
9. Release of Securities. The securities required by this agreement shall be released as
follows-,
1aPWINICKSubdivision Improvenicnt Agreements' AA,-Tract 16041-,vPd 4
19. Compliance with Laws. Subdivider, its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and regulations
in the performance of the improvements and land development pursuant to this agreement including
but not limited to all applicable Labor Code and prevailing wage laws.
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 within fifteen (15) days of execution of this Agreement.
b. Worker's Compensation and Employer's Liability.
1. 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. 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 cancellation of said
policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be
delivered to City within fifteen (15) days of execution of Agreement.
2. Subdivider expressly waives all rights to subrogation against the City, its
officers, employees and volunteers for losses arising from work performed by Subdivider for City by
expressly waiving Subdivider's immunity for injuries to Subdivider's employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any
claim brought by or on behalf of any employee of Subdivider. This waiver is mutually negotiated by
the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents
and employees. To the extent any of the damages referenced herein were caused by or resulted from
the concurrent negligence of City, its agents or employees, the obligations provided herein to
indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of
Subdivider, its officer, agents and employees.
c. Comprehensive General Liability Insurance. Subdivider shall secure and i maintain n
force throughout the duration of the 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
($22,000,000) 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
cancellation of said policy except upon thirty (30) days prior written notice to the City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
I.`W'' Irnprovernent AgreernenLsiS,1.A.-'tract 16042,",pd 9
Certificates of insurance shall be delivered to City within fifteen (15) days of execution of this
Agreement.
d. Business Auto Liability Insurance. Subdivider shall have business auto liability
coverage,with minimum limits of one million($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-owned vehicles, and employee non-ownership vehicles.
21, Indemnity/Hold Harmless, City or any officer 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 the 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 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 the City of the improvements shall not constitute an assumption by
the 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 or map, regardless of any negligent action or inaction
taken by the City in approving the plans or map, regardless of any negligent action or inaction taken
by the City in approving the plans or map, 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.
After acceptance of the improvements,the Subdivider shall remain obligated to eliminate any
defect in design or dangerous condition caused by the design or construction 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 the 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.
Subdivider shall reimburse the 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
Z_n Z�
City in enforcing the provisions of this section.
LTW\NICKASubdivision Improvement,-kgreemenLs�.S.I.iN--Tract 16042.,,vpd 10
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 the City.
1
23, Sale or Disposition of Subdivision. Seller or other Subdivider may request anovation
of this agreement and a substitution of security. Upon approval of the novation and substitution of
I I
securities, the Subdivider may request a release or reduction of the securities required by this
agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Section 23
for the work or improvement 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 than three (3)
months after the date of this agreement. In the event good cause exists as determined by the City
Engineer,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 City Engineer. 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 City Engineer 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
I I
contributed to by Subdivider, shall constitute good cause for and extension of the time for
completion. As a condition of such extension, the City Engineer 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 City Engineer.
26. 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.
27. 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 the
City-,
1:11WINICK-Subdivision Improvement AgreementsSAA-Tract 16042.Nk-pd
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 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 water and
10 providing
sewer mains, or other 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, Subdivider shall give good and adequate warning to the 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 work by City and
recordation of the Final Map,ownership of the Improvements constructed pursuant to this agreement
shall vest in City.
I& Final Acceptance of Work. Acceptance of work on behalf of City shall be made by
the City Council upon recommendation of the City Engineer after final completion and inspection of
all improvements. The City Council shall act upon the Engineer's recommendation within sixty(60)
days from the date the City Engineer certifies that the work has been finally completed, as provided
in Section 7. Such acceptance shall not constitute a waiver of defects by City.
LTW`NIMSubdivision Improvement Ageements"SlA.-Tract 16041,A-pd 8
19. Compliance with Laws. Subdivider, its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and regulations
in the performance of the improvements and land development pursuant to this agreement including
In
but not limited to all applicable Labor Code and prevailing wage laws.
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 within fifteen (15) days of execution of this Agreement.
b. Worker's Compensation and Employer's Liability.
I 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. 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 cancellation of said
policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be
delivered to City within fifteen (15) days of execution of Agreement.
2. Subdivider expressly waives all rights to subrogation against the City, its
officers, employees and volunteers for losses arising from work performed by Subdivider for City by
expressly waiving Subdivider's immunity for injuries to Subdivider's employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any
claim brought by or on behalf of any employee of Subdivider. This waiver is mutually negotiated by
the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents
and employees. To the extent any of the damages referenced herein were caused by or resulted from
the concurrent negligence of City, its agents or employees, the obligations provided herein to
indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of
Subdivider, its officer, agents and employees.
c� Comprehensive General Liability Insurance, Subdivider shall secure and maintain in
force throughout the duration of the 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
cancellation of said policy except upon thirty (30) days prior written notice to the City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
L'TWNICK'Subdivision Improvement Agreenient;'SIAA'ract 16041"'Pd 9
Certificates of insurance shall be delivered to City within fifteen (15) days of execution of this
Agreement.
d. Business Auto Liabilitv Insurance. Subdivider shall have business auto liability
coverage,with minimum limits of one million($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-owned vehicles, and employee non-ownership vehicles.
21. Indemnity/Hold Harmless, City or any officer 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 the 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 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 the City of the improvements shall not constitute an assumption by
the 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 or map, regardless of any negligent action or inaction
taken by the City in approving the plans or map, regardless of any negligent action or inaction taken
by the City in approving the plans or map, unless the particularimprovement
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.
After acceptance of the improvements,the Subdivider shall remain obligated to eliminate any
defect in design or dangerous condition caused by the design or construction 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 the 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.
Subdivider shall reimburse the 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,
1:'PVVMCK\SUhdivision hriprovernent Aggeeniems'S,I-iV-Tract 16042,vvpd 10
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
i of the City.
i
?3. Sale or Disposition of Subdivision, Seller or other Subdivider may request a novation
of this agreement and a substitution of security. Upon approval of the novation and substitution of
securities, the Subdivider may request a release or reduction of the securities required by this
agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Section 23
for the work or improvement 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 than three (3)
months after the date of this agreement. In the event good cause exists as determined by the City
Engineer, the time for commencement of construction or completion of the improvements hereunder
may be extended for a period or periods not exceeding a total oftwo additional years. The extension
shall be executed in writing by the City Engineer. Any such extension may be
thut
to Subdivider's surety and shall not affect the validity of this agreement o�elea eantedVthes uretylor
sureties on any security given for this agreement. The City Engineer shall be the sole and final judge
as to whether or not goad 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 Clod, by storm or
inclement weather,strikes,boycotts or similar political actions which prevent the conducting ofwork,
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 City Engineer 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 City Engineer.
26. 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.
2T 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 the
City:
I PWNICK?Sindivision LmProkemeflt A eements,SlA,-"Cruet 16042.wpd
11
Notice to City: Public Works Director/City Engineer
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Subdivider: Attn: Jeffrey A. Slavin
Wooden Bridge Lane, LLC
7700 Irvine Center Drive, #270
Irvine, CA 92618
Notice to Surety: Attn: Melinda Cr. Johnstone, V.P.
City National Bank
9701 Wilshire Boulevard, Suite 600
Beverly Hills, CA 90212
28. Severability_ The provisions of this agreement are severable. In 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.
29. Captions. 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.
30. Litigation. In the event that suit is brought to enforce the terms ofthis agreement,the
prevailing party shall be entitled to Litigation costs and reasonable attorney's fees.
31. _Incorporation of Recitals The recitals to this agreement are hereby incorporated into
the terms of this agreement.
32. Entire Agreement This agreement constitutes the entire agreement ofthe 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.
33. Interpretation This agreement shall be interpreted in accordance with the laws of the
State of California.
3 . Jurisdiction. Jurisdiction of all disputes over the terms of this agreement shall be in
the County of San Bernardino, State of California.
I:t WNICK'Subdiiision Improvement greernenfs,S.I.A.-Tract I6041)xpd
12
IN WITNESS WHEREOF this agreement is executed by the parties as of the date herein
above first written.
By Wooden Bridge Lane, LLC City of Redlands
i I c-
tAj/V OkA-014-Ij
B By:
Title:
Mayor
A
By: tlt 4WO& �AC
'�j Attest:
Title:�N
City,C'lerk
(Notary attachment and proof of authorization
for Subdivider's signatures is
required and must be attached)
1:41XV'NICK'Subdivision hnprovement AgreemenLsS.I.,V-Tract 16042,ivPd 13
ALL IA ALL-PURPOSE ACKNOWLEDGMENT
31
State of California
S .
County of _
1
On _ before rye,
, e h!Gmt•t£r3u'7 «a#� ce=�a_� "+a-te Pee.Notary Public'}
personally appeared `
personally known to me
V proved to me on the basis of satisfactory_
evidence
t�y�p F
n ' F7i�JfY 1
#�1267702 _F
be the persons+ whose name( is/
tsubscribed to the within instrument and
enc coupty acknowledged to me that hel /they executed Al
*0M0.=JW15,20041 the same in his/ t authorized
capacity(ies), and that by his/her/their
signature(s}on the instrument the person(s);or
the entity upon behalf of which the person(
acted, executed the instrument.
lo
ITNI SS my hand and official seal.
ry Fay Nctary Seas Above Signa ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
6 and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: , "r � . .- ..
[document Date. } _Number of Pages:
Signer(s)Other Than Named Above:21_24q
Capacity(ies) Claimed by Signer, -
Signer's game: = _
--
Individual Top of ,x,.,,u
M Corporate Officer—Title(s):
Partner—= Limited General -__— ----��v �
Attorney in Fact
Trustee
Guardian or Conservator
v 1
Signer Is Representing:(
�,i..5? r:a€PdotaF=5, x ate s•5a- ire 4e`o,ve..P'v>.Box 2412,u8atSool!n,GA 91,313-1-402,a mw na..o:. noary&j Prci.BSc.Aaa7 R--- r Call Tot-Free 1-900,676-5827
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 15, 2003,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the
City of Redlands, California, personally appeared Karl N. Haws 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.
0
$� \1\ ...
LORRIE POYZER, CITY CLERK
<00
By:
Beatrice Sanchez, Deputy City Clerk
*Z I
0 (909)798-7531
-RN
Ill
/4
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement
Date of Document: July 15, 2003
Signer(s) Other Than Named Above: Jeffrey A. Slavin, Cinnamon Forest LLC
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT MAP NO. 16042
RECORDED IN BOOK PAGE(S) �e-IOF MAPS.
Description Drawing No, Approval Date No. of Sheets
The following plans are on file in the office of the Public Works Director (PWD) and Municipal
Utilities Director(MUD):
Grading Plans (PWD).......... ...-GP-007L......... ........ 5/29/03
Street Construction Plans (PWD).........F-1679...... ............. .....5/29/03..... —3
Water Improvement Plans (MUD).......D-60553......... 5/15/03.... 2
1:11WNICK'Subdivision improvement Agreenients&I.A.-Tract 16042.,,vpd 14