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HomeMy WebLinkAboutContracts & Agreements_35-2019RECORDING REQUESTED BY. FIRST AMERICAN TITLE-HSD Municipal Utilities and Engineering Dept City of Redlands WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO. City Clerk's Office City of Redlands P 0 Box 3005 Redlands, CA 92373 Order No 5790513 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER -CLERK 490 First American Title -Corona i Doc# 2019-0059032 i 2/26/2019 11.45 AM KE Titles 9 Pages 19 Fees 00 Taxes 00 CA 5B2 Fee 00 Others 00 Pale 00 AGREEMENT (Title of Document) IA-4 2 (4/1 s) RECORDING REQUESTED BY MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 5 790 S7 CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement ("Agreement") is made this 19th day of February, 2019 ("Effective Date,") by and between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and Beazer Homes Holdings, LLC, a Delaware Limited Liability Company, 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 19956 (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 section 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, 1 L 1caldjm\AgreementslImprovement Agreement 1A-4.2 TM 19956 (sk).doe IA-4.2 (4r18) 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 AGREEMENT 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 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 9550, 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 in writing by City 2 L Icaldim\Agreements\improventen1 Agreemcnt.iA-4.2 TM 19956 (sk).doc IA-4.2 (4118) e Install all Improvement monuments required by law prior to acceptance of the Improvements by City Individual property monuments shall be installed within twelve (12) months 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 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, easements 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 authonzing 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 m 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 one hundred (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 fifty (50%) of the estimated cost of the Improvements, and e 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 matenals furnished in the additional amount of ten (10%) of the estimate cost of the Improvements, and d Good and sufficient security in the amount of one hundred (100%) of the estimated cost of setting subdivision monuments 3 L 1caldamlAgreementsllmprovement Agreement.JA-4.2 TM 19956 (sk).doc 1A..4.2 (4/18) 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 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 ten (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 ten (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 one hundred (100%) of the total estimated cost of the Improvement as changed, altered or amended, less any completed partial releases allowed by Section 8 of this Agreement b Subdivider shall construct the Improvements in accordance with City standards in effect on 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 pubhc 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 or 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 Improvements to the Municipal Utilities and Engineering Director/City Engineer No Improvements shall be 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 written acceptance by City 4 L 1ca\dim\Agreententsllmprovement Agreement.JA-4.2 TM 19956 (sk).doc IA-4 2 (4l C 8) 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 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 twenty five (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 fifty percent (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 one hundred twenty five percent (125%) of that required to guarantee completion for the Improvement work and any other obligation imposed by this Agreement c Secunty 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 one hundred twenty five percent (125%) of the total claimed by all claimants for whom hens 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 penod 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. Iniury to Improvements, Public Property 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 facihties 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 5 L Icaldjm\AgreementsUmprovenient Agreement CA-4.2 TM 19956 (sk).doc JA-4.2 (4/18) b Furthermore, until such time as the Improvements are accepted by City, Subdivider shall be responsible for, and bear the risk of loss to, the Improvements Until all Improvements required by this Agreement are fully completed and accepted by City, Subdivider shall be responsible for the care and 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 occumng to the Improvements required by this Agreement prior to the completion and acceptance of the Improvements All such risks shall be the responsibility of and are hereby assumed by Subdivider I0 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 11 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 othei 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 nght, 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 secunty 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 secunty 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 6 L 1ca1dim\Agreementsllmprovement Agreement IA-4.2 TM 19956 (sk).doc IA-4.2 (4/18) 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 of, and utihze 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 and 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 warrant 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 furnished If within the warranty period any work or Improvement, or part of any work or Improvement done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the hnproveinent 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 repairs 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, 7 1 \caldim\Agreementslimprovement Agreement.IA-4 2 TM 19956 (sk).doc IA-4.2 (4/1K) 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 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 public of each and every dangerous condition extant in connection with said Improvements, and will take reasonable actions to protect the pubhc from such dangerous conditions 17 Vesting of Ownership Upon formal final acceptance of the Improvements by City and recordation of the final map for the Subdivision, 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 8 L Icaldjm\Agreementslimprovement Agreement IA-4.2 TM 19956 (sk).doc 1A-4.2 (4/18) 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 an amount which meets the statutory requirement with an insurance carrier acceptable to City Subdivider shall execute and provide City with Exhibit "B" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference c Comprehensive General Liability Insurance Subdivider shall secure 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 d Business Auto Liability Insurance Subdivider shall secure 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 -owned vehicles, and employee non -ownership vehicles 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 City, and its officials and employees from any act or omission by subdivider or its employees or agents, in connection with the work performed pursuant to this Agreement except for all claims, losses, damages, causes of action, injuries and/or liabilities to City and/or third parties caused by the active negligence of City 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 the 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 9 L 1ca\djm\Agreement \improvement Agreement 1A-4.2 TM 19956 (sk).doc 1A-4.2 (4/15) 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 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 defect, however, Subdivider shall not be responsible for routine maintenance The provisions of this paragraph shall remain m 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 d In the event City tenders defense and indemnification pursuant to the provision set forth in subsection (a) above, and Subdivider wrongfully delays acceptance of the tender of the mdemnification beyond the date specified in the tender of defense and indemnification demand, and based on City's costs necessitated by having to undertake its own defense and utilize the services of its own employees in the defense of any such claim, Subdivider shall be charged two hundred fifty ($250) dollars per day from the date tender should have been accepted until the date tender is finally accepted to reimburse City for all of its defense related expenses, including the value of all time required by City employees to defend City during the time that tender should have been but was not accepted 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 10 L IcaldjmlAgreemenlsllmprovement Agreement IA-4.2 TM 19956 (sk).doe 1A-4.2 (4l18) 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 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 (2) additional years The extension shall be executed in writing by the Municipal Utilities and Engineenng 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. Notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (m) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section 11 L 1ca\djm\Agreemenislimprovement Agreement IA-4.2 TM 19956 (sk).doc Notice to City Municipal Utilities and Engineering Department Director City of Redlands P4 Box 3005 Redlands, CA 92373 IA-4.2 (4/1 g) Notice to Subdivider Kim Molina - Senior Director of Planning - Southern California Beazer Homes Holdings, LLC 310 Commerce, Suite 150 Irvine, CA 92602 Such addresses may be changed by notice to the other Party given in the same manner as provided above 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 m full force and effect unless amended or modified by mutual written consent of the Parties 30 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 31 Litigation. 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 Incorporation of Recitals The recitals to this Agreement are hereby incorporated into the teiins of this Agreement 33 Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to its 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 12 L 1caldimlAgreementsllmprovement Agreement IA-4.2 TM 19956 (sk).doc IA-4 2 (4/18) IN WITNESS WHEREOF this Agreement is executed by the Parties as of the date herein above first written SUBDIVIDER CITY OF REDLANDS Beazer Homes Holdings, LLC, a Delaware Limited Liability Company By 601V-A, Kim Molina, Authorized Signatory - West Region ATTEST i(CLL64,„ Donaldson, City Clerk (Notary attachment and proof of authorization for all signatures required and must be attached) 13 L lcaldjm\Agrcements\lmprovement Agreement IA-4 2 TM 19956 (sk).doc By. Janice cConnell, Acting City Manager CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California j County of �h ( MCI rG tv10 On (`-E'. JCLL 5I ��t before Date personally appeared me, } Here Insert Name and Title of the Officer c Co\- rte (I -.4- a-eectwl nA". cLCsor1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor1(s) whose names] fsJare to the within instrument and acknowledged to me fhat'he/t/they executed the same b .lils/h authorized capacity(ies), and that by lils/herltheir signatureon the instrument the perso upon behalf of which the person s acted, executed the instrument DIANA RAINS Notary Public California z Z a 3a San Bernardino County r z ` .q) Commission # 2175775 My Comm Expires Dec 16, 2020 Place Notary Seal and/or Stamp Above ibed or the entity I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature €C.\ OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document ck-r Dm 19ci�L� Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name O Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) O Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 K ' c� e tr �E c eaY'6Y �s A 6r es c� C� lucre e e rc C rc crc-e c cr cue he c c (c- — — • c cac-c c CCY crx rx A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On January 23 2019 before me, Knsty Harchaoui, Notary Public Date ) Here Insert Name and Title of the Officer personally appeared Kimberly N Molina Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p or/) whose names is re sub bed to the within instrum t and acknowled • - • to me that he/ they executed the same in his her/ heir authorized capacity(i s), and that by his heir signature( the instrument the personal, or entity upon behalf of which the person( �)`acte•, executed the instrument / KRISTY HARCHAOUI Notary Public - California Orange County Commission # 2143437 My Comm Expires Feb 20, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL SignaturePublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator 0 Other ❑ Other Signer Is Representing Signer Is Representing y.u;-:c.vrcte czz�:ce vc c e E e c ca c c c cc� c ecc ce ©2016 National Notary Association • www NatlonalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IA-4.2 (4/1S) CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" TRACT MAP NO 19956 The following plans are on file in the office of the Municipal Utilities and Engineering Department (MUED) Description Drawing No. No of Sheets Street Improvement Plans 2227-ST 11 Stone Dram Improvement Plans 2227-SD 03 Striping and Signing Plans 2227-TS 03 Street Light Improvement Plans 2227-SL 03 Street Tree Improvement Plans 2227-TP 03 CFD Landscape Plans 2227-LS 18 Water Improvement Plans D-60719 03 Sewer Improvement Plans F-1833 06 14 L lenldjm\Agreements\lmprovement Agreement IA-4.2 TM 19956 (sk).doc IA 4.2 (4/1R) EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employei in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employe] to be insured against liability for Workers' Compensation of to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Beazei Homes Holdings, LLC, a Delaware Limited Liability Company By Kim Molina, Authorized Signatory - West Region 15 L 1ca\dim\Agrccments\Improvement Agreement IA-4.2 TM 19956 (sk).doc Date January 23, 2019 Legal Description Real property in the City of Redlands, County of San Bernardino, State of California, described as follows PARCEL NO 1 (APN 0299-101-04-0-000) THE SOUTHWEST 1/4 OF THE NORTH 1/2 OF LOT 6, BLOCK 77, RANCHO SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY PARCEL NO 2 (APN 0299-101-01-0-000) ALL THAT PORTION OF THE NORTH 1/2 OF THE NORTH 1/2 OF LOT 6, BLOCK 77, RANCHO SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE' BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 662 00 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 6 A DISTANCE OF 662 00 FEET