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HomeMy WebLinkAboutDeeds & Easements_30-2020E10/13/2020 Document 12302697 Page 1 RECORDING REQUESTED BY Municipal Utilities & Engineering Department CITY OF REDLANDS WHEN RECORDED RETURN TO CITY CLERK'S OFFICE CI I'Y Of. REDLANDS P 0 BOX 3005 REDLANDS CA 92373 FEE OT REQUIR D PER GOVERNMENT CODE SECTION 6103 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk 10/13/2020 05:00 PM SAN B9248 DOC# 2020-0392902 IS CITY OF REDLANDS Titles 1 Pages 16 Fees Taxes CA SB2 Fee Total RELEASE OF DEFERRED IIVIPROVEMEN1 AGREEMENT $20 00 $0.00 0.00 $20 00 The obligation to construct public, improvements established by the recordation of that certain Deferred Improvement Agreement dated May 12, 2006, recorded as Document No 2006- 0327976, in the Official Records of San Bernardino County is hereby released as to the following property Parcel 1 of Parcel Map No 17604 as shown on Map Book 213, pages 98 and 99 of the County of San Bernardino (APN 0176-182-22-0000) Paul W Fostei personally known to me (oi proved to me on the basis of satisfactory evidence) to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument This Release of Deferred Improvement Agreement is executed by the undersigned this l•6 day of October, 2020, ATTEST By ne Donaldson, City Clerk CITY OF REDLANDS 1 Release oFDeferred Improvement Agreement Parcel Map I7604.FY20-0037 doe aul W Foster, Mayor 1/1 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 County of Sox k .c f\ IA 0 J} On DQTOi( (5 t a 2-0 before me, 10Lna, s tj Putid. l , , Here Insert Name and Title of the Officer Pad W seer— and Taknry. 'Do nal n Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namy Vare subscribed to the within instrument and acknowledged to me that li+e/s`i:le/they executed the same in 11ts/ilex/their authorized capacity, and that by 11s/hgr/their signatury on the instrument the perso s) or the entity upon behalf of which the persoacted, executed the instrument N•Q DIANA RAINS Notary Public California z Z �' San Bernardino County z% Commission # 2175775 Comm Expires Dec 16 2020 Place Notary Seal and/or Stomp 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 + 1Qauri..6 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 Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited O Individual O Trustee ❑ Other ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator o Other Signer is Representing ©2017 National Notary Association RECORDING f{EQUL: TED BY ANO WHEN RECORDED RETURN TO CITY C; um' J OFFICE CI FY OF REDL.ANDS PO DOXBCIati REDLANDS, CA 92373 iarlra[,nii!ti In Oltchhl fl purdv, Cm* 01 Era ttorlTA,R1In0 NON 200O-0827970 I$I i2I2W10 1 10 P149 CI FY or ItEDLANDS DEFERRED IMPROVEMENT AORE1 ADIT This Deferred improvement Agreement ("Agreement") is made this 2" d dray of May, 2OOC (the "Crleotive Date"), by and between the City of Redlands, a municipal corporation ("City") Land c.i Louls rietcher and Edward T. i" leteliai (togetiic.r "Subdivider") The City and aubdividr,l are sometime, heroin indivacicaially referred to 34 a "Party," and collectively, as the "Parties " RgarAta A. Subdivider is the owner of property located la the City of Redlands known as Parcel Map No 17604 (the ",Subdivision"), for which Subdivide' is obligated to construct certain improvements (the 'Improvements") reciuirt,d as conditions of approval of the Subdivision For purposes of this Agreement, the term "Subdivider" shall mean the Subdivider executing this Agreement and Subdivider's heirs, successors, executors,, administrators oar d assigns, it being the Intent oftlie Panties that Subdivider's obligations under this agreement shall run with he real property comprising the Subdivision and constitute ah lien against ail such property comprising the Subdivision, F. City desires to ensure that the improvements will be constructed in a F;r1ocl and workmanlike manner and in accordance with the laws of City C ,Subdiv'tier acknowledges that It 18 familiar with the provisions isfihe Redlands Municipal Code and the State Subdivision Map Act (Gioveninient Code suc,tir ns 66419 et serf ) and agrees tot comply therewith D A final map foi the Subdivision has been prepared pursuant to the Redlands Municipal Code and the State Subdivision Map Act and has bean filed by Subdivider for consideration by the Planning Commission of City, rljmizgaWs Gaf"rrad Imptowarntril Agrect,m nt TiP.ci i7i 4 4 24.04 1 NOW, Ti IEREPORE, in consideration of the mutual promises contained herein, the. Parties agree as follows, !. this reference ecitj.ls; i !ae fbregoing recitals are true and correct and are incorporated herein by 2• ?f'_ 4tl,Ltt ,:rit.icl Q. vriersl_. l a r ,'tiµtovp ants, The improvements include, heat ere riot limited to grading, construction of water lines, fire hydrants, the undt;rgroundntg of overhead utilities and all appurtenant Facilities associated with the Subdivision that are required by tho conditions of approval fur the Subdivision, and whicit will be shown in profiles and specifications (the "Improvement Plans") that will be prepared by Stibdivider's oigineer uncl subseclucutly lar approved by City All Improvements constructed of installed pursuant to this Agreement shall become the property of City, without payment therefor, upon acceptance of the Improvements by City tlac:,tor Completion Construction of the Improvements small be deferred to die time when a building permit is issued by City for Parcel No. I of Parcel Map No, 17604, at which time construction of the Improvements must then be commenced within thirty (30) days of City'l issuance of a written nottce to proceed to Subdivider. In the event Subdivider trails to complete construction of the lrnproveinents within one hundred eighty (l 80) days idler the date of issuance of such building permit, City may require Subdivider's surety to eoniplete the iinpr•ovcixtonts, car City may complete c,onstructton of the improvement, aiid recoup lts eacpenses fur• stu it work from Snbdt videt, or Subdivider% srirety 4 itticiivrd+rr's Ob ; i ons_t Construct Improvements Subdrviclei shall Complete the irnpruvenit,nts in confor•ntruice with the lrnprovenaents Plays; provided, however, that the improvements shall not be deemed to be completed tint tt accepted by the City fas provided in Section l$ hereof: b. Furnish the materials, supplies and equipment necessary tor the Improvements e • Acquire and dedicate nil easements and othei interests in real property necess-at,y for construction and installation ation or the improvements, oa pay the cost of acquisition fbr such property interests incurred by City All such easements and other interests in real property shall lie free n.nd Clear of liens and encumbrances, except those liens and encumbrances acceptable to City Subdivider's obligations with regard to any acquisition by City of off cite easements and other interests in real property shall be the subject an separate agreement between Subdlvitkt and City. ri Install rill Iraprovarnent monuments required by law lariat to acceptraict' of the Improvements by City t Install permanent street name signs, confornung to City standards, before acceptance of the improvements by City ttJntl real Clerfamicl leivikavarooni Teat M.14 4•23-04 2 5 c 1 iisitiotl and Dedipatlpii et Pro gy„ if any of the Improvements area to be constructed or instniled on property, not owned by City oi Subdivider, no construction or lnsialiation shrall be commenced on such property before: a, An offer of dedication to City of tappropriate easements of othci interests in such property is accepted by City, and appropriate authorization from the; property owract to allow construction oi installation of the Improvements has been received, of b. The assuanc,o by a court of competent Jurisdiction pursuant to the State Eminent Domain Law dart order of possession of such property Nothing ill this Section shad be construed as authorizing oi granting an extension of time to Subdivider to construct the Improvements. 6 5 c urity, Prior to Subdivider's commencement nfcotarrtruction of the Improvements, Subdivider shall furnish to City good find sufficient seem Ity, as required by Caovornntent Code Sections 66499 through 66499 10, and on forms approved by City, for the: purposes and in the amounts as follows ra To ensure faithful perfbrnnnce of the construction and installation obligations described hi this Agreement, a baud hi the amount of one hundred percent (100%) of the estimated cost oaf the Improvements, b, `to secure payment to any contractor, subcontraetot, person tenting equipment or furnishing labor and materials for the Improvements, a bond in the amount of one hundred percent (100%) of the estimated cost of the Improvements; To guarantee the, Improvements for a period of ono (1) yein following acceptance thereof by City against any defective work done or rxiaterials, delivery of good and sufficient security to City in the additional amount of twenty-five percent (25 ) of the estimated cost or the Improvements, and d Subdivider shall also fUrrush to City good and sufficient seouriiy in the amount erotic hundred percent (100%) of the estimated cost of Setting subdivision TYtonrttierits fill a period or one year plias thirty (30) clays from acceptance of the Improvements by City 1 he security documents shall be kept on file with the City Clerk If any security is replaced by Linother approved security, the replacement shall: (I) comply with all the requirements for security in this Agreement, (2) be provided to the City 1;;ngineei to be filed with the Ciiy Clerk, and upon filing (3) be deemed to have been rnade a part of and incorporated into this Agreement, nt, Upon provision of a replacement security with the City l ngineei and the filing of a replaceineuat security with the City Clerk, the former security niay be released aim'agreat Doiened Improvement Ac reament Tract I/aa4 4-25-Qi 3 7 Altea'alions to Improvement plos, ri, Any changes, alterations or radditions to the Improvement Flans, not exceeding ton percent (1O%) of the original estimated cost ofthe Improvements, which are mutually a rmed to by City and Subdivider, shall not relieve the surety of any obligations undertaken in any security provided for faithffd performance of this Agreement iri the event suoh changes, alterations err additions exceed ten percent (10%) of the original estimated cost of the Improvements, Subdivider Judi provide additional security for ti ithfirl performance as required by Section 6 of this Agreement for one hundred percent (100%) ofthe total estimated cost ofthe Improvements as changed, altered or amended, b. Subdivider shall construct the Improvements in accordance with City standards in erect at the time orCity's issuance of the Notice to Proceed, provided, however, City reserves the right to modify such standards when necessary to protect the public safely oi welfare or comply with applicable Padua!, State, of City laws If Subdivider requests and is ranted an extension oFtimo for completion of the ImproveLTrents, City may apply talc Ntandarrds in effect at the time ofthe extension, tt Inspection, Subdivider shall at all times maintain proper facilities and safe access foi inspection of the improvements by City inspectors Upon completrorr of the Improvements, Subdivider may request final inspection by the City Engineer. It the City Vnt;ineeer determines that the work has been completed in accordance with this Agreement, then the City f;ngitrer i sheik certify the completion of the improvements No Improvements shall be accepted until the Improvements have been inspected and cornpleteci in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a Iz'nrtie,ular stage of the work of constructing and installing the Improvements, City shall be given timely notice of Subdivider's readiness for such inspection and Subdivider shall not proLeed with additional work until the inspection has ben made and the worlc approved. Subdivider shall pay all costs of City's plan checking, inspection and certification ot"the Improvements 9. Reicasc ofSccuritl j The securities required by this Agreement shall he refeased as follows Security given fbr faithful performance of any act, obligation, work or agreement ,hall he released upon the completion and acceptance ofthe Improvements, subject to the provisions of subsection b, below. The City Engineer may release a portion of the security given for faithful performance of work as such work progresses upon application therefor by Subdivider; provided, hawevel, that no such release SIMI' be for an amount lease than twenty. five percent (25%) ofthe total becurity given for faithful performance of the work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total amount given for faithful performance until final completion € nd acceptance of the Improvements In no event shall the City Engineer authorize any release of the security which would reduce the security to an amount below one hundred twenty-five dim4gradlO (anal Impenvamn,tl Ayronaicrre TrPcr 1700-4 01-2.5-O4 4 percent (125%) of that required to guarantee. completion of the Improvements and any °the] obligation imposed by this Agreement c Security given to secure payment to the c.ontrractr r, subcontractors and to persons ft4rr:0011tg labor, materials or equipment shall, at six (6) months after the completion and acceptance: °foie work, be reduced to an amount equal to no less than one hundred twenty-five pion (125%) of'the total claimed by all claimants for whoa] liens have been flied and of which notice has been ;ivf°a to City, plus an amount reasonably determined by the City b'rrgineer to be rr*cli.rired to ensure thr% performance of any other obligations secured by the security The balance ()Dille security shalt be released upon the settlement of all claims end obligations for which the security was given. d No security given foi warranty ofwork shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled, e City may retain, tram any security released, an amount to sufficiently cover coats and reasonable expenses and fees, isieluding reasonable attorneys' fees. 1 ) Injurjo Irt arov, merits, Public I op rty, or Public L ]lairs Facilities. Subdivider shall repine or repair, or have replaced oi repaired, all Improvernents, public utility fanititics and surveying of subdivision monuments which are destroyed or damaged as a result of a any work pertbrmed pursuant to this Agreement Subdivider shall bear the eritirr cost of replacement or repairs of any and all public, or public utility property damaged oi destroyed by rcaiati ofany work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of'California, overly agency or political subdivision thereof, of by City or'any public of private utility corporation or by any cornbiriatton of such owners Any repair cif repliternient shall be to the satisfaction, and subject to the approval, of the City Eingiaacei Until such time as the improvements are acl.cptecl by City, Subdivider shall be responsible for, and beam the risk of less to, the Improvements City shall not, nor shall any elected oftictal, officer oi employee thereof, be liable to oi responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Improvements prior to the completion arid acceptance of the Improvements All such risks shall be the responsibility of, and are hereby assumed by, Subdivider, 11 Permits, Subdivide' shall at Subdivider's expense, obtain ail necessary permits and licenses foi the construction and installation of the improvements, and give all necessary notices and pay all fees and taxes required by law 12 Default of Strbdivtdr, C>c'fnttlt of Subdivide' shall include, but not be limited to: (I) Subdivider', failure to timely commence construction ofirnprovenients, (2) Subdivider's failure to timely complete construction of the Improvements; dJmtegreeA Cefsrrcd lmp uventertl Apraanwlat Trod 17004 4 2$00 5 (3) Subdivider's failure to timely cure any defect m the improvements; (4) Subdividers insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary of involuntary, which Suladividct fails to dise hargr within thirty (30) days. (5) The COMRW110014E-Mt of foreclosure action against the Suhdividei or property or a portion thereof, or any conveyance in lieu el in avoidance of foreclosure; of (6) Subdividees failure to perfbrna any other obligation tinder this Agreement b City reserves to itself ail renneclies available to it at law or in equity for breaaeh or ,Subdiivider's obligations width this Agreement. City shall klave the right, sullied to this Section, to draw upon of iatrlirrcl the appropriate security to mitigate City's damages in the; event of default by Snbdtvidel, The right of City to draw upon or utilize the security is additional to and not in boil of any Other remedy available to City The Parttes agree that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the: Improvements and , therefor; City', damages fbr Subdivide is default shall be measured by the cost of completing the Improvements e In the event of Subdivider's default of any obligation of Subdivider under this Agreement, ment, Subdivide' authorizes City to perfor ni such obligation twenty (2O) days utter malting written notice of de fault to Subdivider and Subdivider's surety, and Subdivider shall pay tha entire: cost of such performance by City City nay take over the work and prosecute thcx same to connpletiotn, by contractor by any other method City may deem advisable, f•oi the account and at the expense ofSubdividei, and Subdivli ter"s surety shrill 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 utilize !rr conipleting the work such materials, appliances, plants and other property belonging to Subdivider Os may be on the site ofthe work and ner,cssary for performance of the work, r nilu c of Siibdividet to comply with the terrors of this Agreement shall constitutes consent to the filing by City of a notice of violation against all hats within the Subdivision, arid to rescind the approval of otherwise revert the Subdivision to acreage The remedy provtdmi by this subsection is in addition to, and not in lieu of, othr'r remedies available to City subdivider agrees that the choice of remedy oa remedies Col Suhdivtder's breach shall be in the sole discretion ofCity. e, in the event that Subdivider fails to perform any obligation hereunder, Subdivide! shall pay all costs and expenses incurred by City in securing performance of such obligation, including but riot halted to fees and charges of architects, engineers, attorneys and otficr professionals, and court Costs. f The failure ofCity to take enforcement action with respect to a default, or to declare is breach, shall not be construed as a waiver of that default or breach or arty subsequent dcfrcult or breach of Subdivider. Opmliglmok Delnrrrxl Ittgtf4vemettt Agrnrntanl Tirgl 17te'I 44.9-08 6 1.3. Warmly, Subdivider shall guarantee the work darn pursuant to this Agreement for Li period (gone (I) your after acceptance oldie Improvements by City against any defective work or labor clone, or defective: motel ials furnished. if within the warrrinty period any work oi the Improvements, or part of any work on the improvements, ti+rnirrhed, installed or constructed by Stxbdividc'i, fails to fulfill any of the requirements of the Improvernent Plans, Subdivider shall without delay and without cost to City ropuil or replace oi reconstruct any defective or otliorwa unsatisfactory pert or parts of the work or lmprovernients. If Subdivider fails to act promptly in accordance with the requirements of th is Section, Subdivides hereby authorizes City, at City°s option to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subd ivrcler's surety, and Subdivider shall pay the cost ofsuch work by City. Should City determine that protection of the public health, safety or welfitre requires repairs or replacements to be nriide before Subdivider can be notified, City may, in its solo discretion, make the necessary icoati- or r placementorperfonnt enecessaryworkchidSribciivirlor shall pay to City the cost ol`sischrepairs 14. SubciiyAer Not Agent or I1iiilLoyec,cf Ca , 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. I pnvjs onnc,Jital Warriiiaty, Briar to the acceptance of any property dedications or the Improvements by City, Subdivider shall certify and warrant that neither the property to be dedicated not Subdivider are in violation of any environmental law, and that neither the property to be dedrmtited nor thee, Subdivider are;; object to any eisttug,pendingorthreatened investigation by any federal, state or local governmental authority under or hi connection with environmental low Neither Subdivider floor any third party shall 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 hits riot caused oi permitted the release of, and has no knowledge of the release or presence of, any hazardous sithstarici on the property to bededicated ria the migration of any hazardous substance frorni or to any otlu. L property adjacent to, or rn the vicinity of, the property to be dedicated. Solidnvider's prior and present use of the property to be dedicated has not resulted rn the re1enae of any hazardous substance en the property to be dedicated Subdivider shall give prompt wrtttran notice to City at the address set forth Herein of: a Any proeecdrng or investigation by any federal, state or local governmental runhority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any tither 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 diseovury cxf any occuLT'enc:e or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated orally part thereof to be subject to any restrictions an its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental lire dJirtharingni Dandgd rinpnwc r tni A+jrawrneni Tr.ci 17 Gl 1 25,113 1 16. (]titter Agreei7ients. clothing contained in this Agreement shall preclude City therm expending monies pursuant to agreements c,oncurra ntly or previously executed between the Parties, or from entering Into agreements with other subdividers for the apportionment ofcosts nl water and sewer mains or other improvements pursuant to the provisions of'City ordinances providing therefcnt, nor shall anything in this Agreement commit City to any such apportionment. 17. Subdivider's ObLgAtiori to Warn Zubjjt: Dui ing Construction until acceptance of'the Improvements by City, Subdivider shall give good and adequate warning to the public of each and every dangerous condition extant in tilt; trnprovenrrfnts, and shall take reasonable ar,tions to protect the public from such dangerous condition 18. Aepeotance OUauoveim ij s Acceptance of work on behalf shall be made by City after final completion and inspection of all Improvements sixty (60) days from tiro date the City Engineer t,ertifios that the work has been completed Such acceptance shall not constitute a watvt.rat detects by City, 19 compliance vyit1 Lavin, Subdivider and its agents, employees, contractors and subcontractors shall comply with all applicable Federal, State and local law and regulations to the performance et their obligations undei this Agreement, Including, but not limited to, all ztpphcnble Labor Coda and prevailing wage latws Subdlvidei taeknowlcclges arid agree that City has made Subdivider aware that the c.onstrr,iction and installation ofdu. Improvements may constitute "pub1tc walk" fvr purposes of California Labor Code Section 1720 et sec'. Subdivider, therefore, acknowledges and agrees that it accepts hill responsibility for making the, determination of whether or not suet] construction and installation of the Improvements constitutes a "public. work" pursuant to California Labor Code Section 1720 et seq., and Subdivider expressly waives any rights it may have, vis-a-vis City, in ranking such determination pursuant to California tabor Code Section 1781 20. to it etc°.. oa t Iclividee$ IrtyIglance t, ► err Primary Alt insurance required by this Agreement shall he maintained by Subdivider for the duration of this Agreement and shall he prirrivay with respect to City and non-contributing to any insurance oat self.insurnnce maintained by City. Subdivider ;,hail provide City with Certificates of insurance evidencing such insurance prior to coitmtenre nient of any work, pursuant to this Agreement. b. Vnrkp,i .Cot taensaitioi?.a life m's L,iabiiity 1 Subdivider shall secure and maintain 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 prirtncyay and non contributing to any Insurance orseli-insttrranee maintained by City flty shall be named as an additional insured and the insurance policy shall include a provision prohibiting canes t1ation or atrn4siteol O farrInVrtmuntint RJmarnnt Tnicl i741044.25.1t 8 modification of the policy except upon thirty (30)days prior written notice to City. Cortific aces of insurance; shall he delivered to City prim, to the commencement of any work under this Agreement. 2 Stibdivrdel cXpressly waives all rights to subrogation agaainst City, its elected offie ils, officers and employees for losses arising from work performed by Subdivider for City by expressly waivingSubdivider'simmunityforijuaiestoSubclivider'semployeesandagre sthattI- obligation to indemnify, defend and hold harmless provided for in this Agreement extorrds to any churn brought by or on beahalfofany employee or Subdivider This waiver is rntrtual ly negotiated by the Parties This subsection shall not apply to any damages resulting from the sole negligence or City, its employees or agents. I o the extern any of the damages referenced herein wore caused by or resulted from the concurrent negligence of City, its employees ployees oI agents, the olaltgations provided hereni to indemnify, dt rind and hold harmless is valid and enforceable only to the extent of the negligence li,ge:nce of Subdivider, its officers, employers, uric] agents er Coarelle§hie Cie€iepI Liability hisur aneq Subdivider shall srcum and maintain in tbree`, throughout its construction of the Improvements comprehensive general liability insureance covering all work under this Agreement, including work clone by subcontractors, witfi carriers acLepttrblc to City, Minirrrtrrn coverage of one million dollars 1,000,000) peroccurrent c 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 or modification ofsneh polity except upon thirty (30) days prior written notice to City Sue.h insurance shall be primary and non-contributing to any nisttrence or selfbmstirance maintained by City Certificates of insurance and appropi late endorsements shall be deltvered to City pi iar to commencement of Subdivider's construction of the Improvements d. l usiraessAtaf,° Li�tiaility insi rtt ee. Subdivider shall swim and maintain in farce throughout the duration of the Agreement business auto liability coverage, with minima) limits of one ixztllrttn ( 1,000,000) per occurrence, combined single limit for bodily injury liability and property damage iiabdrty. Tlaiy coverage; shall include nil Subdivider owned vehie:11 s used in connection with the construction and installation of the Improvements the project, hired and non. owned vehicles, and employee non ownership vehicles City shall be named as tarn additional insured and the insurance policy shall include a provision prohibiting cancellation or mortification of Stroh 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 Certrdcates of insurance and appropriate endorsements shall be delivered to City prior to Subdivider's commencement of construction of the Improvements. 21 J>atermniwvf fold Harmless. Neither City, not any elected official, afficei or employee thereof shall be liable for any Injury to persons or property occasioned by reasons of the acts or ornissroras ofSubdivicler, its employees, contractors, subcontractors and agents in the performaitc.e of this Agreement. Subdivider shall protect, defend, indemnify and hold harmless from any arid nil claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or onals8ie7ns or Subdivide], its agents, employees, contractors arrd subcontractors in the performance of this Agreement This indemnification and agreement to hold harmless shall extend to lrbuiies to persons and damages or taking of property restiltitrg from the, design et COnstrtu]hrrn of the egmttigidak OotonT4d imgravdnitintAt;nxtit€ant7aalct17 O44-29,00 9 Subdivision, and the Improvements as provided iiar't in, and zri addition, to acijne,cnt property owner Ets Cons0111011(' of the diversion of waters from the: design and eanstruction of public rltairi.tge gystenis, streets and other public improvements. Acceptance by City oldie Irriprovcnaenb`v shall not constitute an assumption by City of any responsibility for any damage or taking coverod by this Section. City shall not be respousiblo for the do sigh or construction of the property to tic dedicated rat the improvements pursuant to the improvement Plans, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular Improvement design was spe;cifcally required by City over written objection by Subd€vldei submitted to the City Engineer baforo approval of the part lculaa Improvement design, which objcr.tion indicated that the particular Improvement design Wits dangerous of defective arid suggested an alternative sate and feasible Mkt neceptancw of the linprovernents, Subdivider shalt remain ohtigated to elitiatnrtti, any defect in design or dangerous condition caused by the design os construction defect, howevc:i, Subdivider shall not he responsible for routine maintenance 'The provisions of this Section shall remain in full force and aired tor ten (10) years following the acceptance by City of the Improvements, It is the 'intent aftllis Section that Subclividci ;ahaall be responsible For nil liability fear design and construction of the Improvements installed or work dune pursuant to this Agreement and that City shell not be liable fel tiny negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking or inspecting iany work of construction, Subdivider shall reimburse City for all costs and expenses (including but not limited to fees and charges ofarchitects, engineers, attorneys and tithe' professionals, and court costs) incurred by City in enforcing the provisions of this Section. 22. Sala,ar pisposition of garepl No, ,., Upon the original Subdivider's sale Or tithes disposition cfParcel Flo loft'unv,elMap No.17604, the ofip;irrialSubdivider shall Ile released froram its obligations uncle: r tins Agreement and shall be entitled to at release or reduction of the securities required by this Agreement, and the purchaser ofiParcel No 1 its the successor Subdivide! shall be obligated to perform all Subdi-vider's obligations; hereunder Nothing in this section, itowever,shrall relieve the original Subdivider of its obligations ender this Agreement for any work done by the original Subdlvklea prior to such sale ar dpspo xitlon 23 ; jrnr is nftI e Ess s , '1 rine is of the e;5:te11ce In the pertbrrrlance afthis Agreement. 24 Tirrae tat £'afnrir e, s c ni ap,t of'k orkC,, 'erne ? €er spon, In the event good cants" exists as deteranrned by the City 1;ngineer, the trine for ooannae i Iernent of eonstrti4tton or completion of the improvements hereunder may be extended. The extension shall be approved in welting by the City engineer. Any such extension may be, granted without notice to Subdivider's surety 4md shall not affeLt the validity of this Agreement or release the surety or sureties on any security giver" far this Agreement. The City Engineer shall lie tho sole and final judge as to whether or not good cause lama been shown to entitle Subdtvtder to an extension Delay, other than delay in the commencement of work, resulting Porn an act of City, rte t of God, by storm or inclement we -other, sttnkes,, boycotts oi•sin-alai political actions which prevent the conducting of work, which Subdividercoupsl not have dirn4reA C1ilrarrEd ImPtulmnient RgramnuzRi frost 176C 4 4.25.o1 10 reasonably foreseen, and furthermore wars not caused by of contributed to by Subdivider, shall constitute good coarse; foi and extension of the time fox° completion As a condition of such extension, tim City Engineer may require Subdivider to ftirilistt new security guaranteeing performance (Willis A yeentent, as extended, in nn increased amount to compensate for any Increase in cOnstructfon colts as determined by the City Unginecr 25. No , Jai tic of Rights, Performance by Subdivider °ethis Agreement shall not be construed to vest Subdivider'S rights with respect to any change in any zoning or building law, 26, Notice;, All notices required under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Scotian Notice; 5hail be effective on the date it is delivered in person, or, if mailed, on the date of'deposit in than United States Mail Notices shall be addressed as follows unless at written change is filed with City. Notice to City Public Works Director/City Engine' City of Redlands PO Box 3005 Redlands, CA 9237,3 Notice to Subdivider CI, Louis Pletcher and Edward 1. l"letryhcr 1910 Country Club Lone Redlands, CA 92373 27 Severability, 1 he provision (Willis Agreement acre severable, (fatty provision ofthis Agreement is held invalid, void or unenforceable' by a court ofcompetent jurisdiction, the remainder of this Agreement shall remain in Hill force and effect unless to do so would deprive a Panty of material benefit of its bargain for catering into this Agreement 23 C ptio; ;, The captions ofthis Agreement are for convenience and Deference only and shall not define, explain, rrtodify, limit, exemplify or aid in the Interpretation, construction or meaning of arty provision of this Agreement 29. Attorne1, pcs and Cots. in the event any action is coirinionced to enforce the terms of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to receivers of its reasonable attorney's fee, including fees foi 1n-h au se counsel of the Parties at rates prevailing in San Bernardino County, California 30, ratge_Agmernent, l ins Agreement constitutes the entire agreement of the Parties witli respect to the subjectmnttei hereof Any amendment at this Agreement shall be in writing and signal by the Parties. 3I rite rctritio r This Agreement diall be governed by and construed in accordance with the laws of the Stare of California, UjrrdssUotesa Dafertritcl Imprnvammri Trod I7f1114 ,t. g, vq 1l 32, �.021:1111cnt, Subdivider shall not be entitled to assign Its obligations under this Agreement, except as provided in Section 22 hereof, without the express prior written consent of City IN WI miss WHEREOF this rtgreemt.nt is executed by the Parties 85 of the cute herein above first written SUBDIVIDER Fl Bye ritic v CI i Y O% REDLANDS By, Jo i!I iiirrison, Mayor Tit4 Loy r i'oyxer, C� (Notary attea eittei ' f't'Ctt autbori7ntion foi Subdivider's signatures required send must be attached) dimItsgrivil Ref4nrer1 fm mveruant Aortemant Tract 17i1O4 4+134 12 ALL lL PURPOSE ACKNOWLEDGMENT STN1 E 01, CALIFORNIA ) COUNTY OF SAN B l NAR INO ) SS CITY OF REDLANDS By the authority granted unCJOL Chapter 4, ,Article 3, Section 1181, of the California. Civil Code, and Cltalatet 2, Divbaan 3, Section 40814, of the California Government Code, on. May 2, 2006, before me, 'Force Daintier, inter, Assistant City Clerk, on behalf of Lome Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Willson. and Lome ?oyzet (X) personally known try me { } proved to me on the basis of satisfactory evidence to be the pawns .cvltose names) are Nubscribed to the within instrument and acknowledged to me that tliey executed the same in their autlror.t cd capacities and that by their signatures on the instrument the persons, or the entity capon behalf ofwhich the persons acted, executed the uratiutnent ( } f} 0111011trt0fr ,,.\\\ Q Fi E. pie ofr'a r-o } r * ir '1811111 WITNESS my hand and official seal. LOR tE POWER, C'I' Y CLERK K By' 0-; Jl... eresr 13a liii er, Assistant City Clerk (909)798. 7531 lr+.rr-..� •.,.rr-..rwJr+arc.�twr.fr^.Jar'�wdr�,rr:.sr^�.Jrwr'+Jr�a�vr-tiir,.H wr Ji wrr' h „fr.di „1r hwr'wuti.f.«„+twrvwr+arw C. PACITY CLAIMED BY SIGNER(S) )liedivtdual(s) signiug fot oneself/themselves Corporate Of'R'l4er(s) Title(s) Company �....`-- (} Partner(s) ( } Nauruey-In-Faa:t PEincipal(s) ( } Truste(s) Trust { } 1�tliex �� Tttic(s). Mayor and City Clerk - Entity Represented, City of Redlands, a tine xicnpal commotion srvrH�.,iFyJr�.rf�.le^N+'nrr^.d.�Vrws••NN��^�.,.lF'•,Jr^'wJr`•n!i'�,J!^cif'vr�.Jf�vP4lP.lh-rrwlr^�..'w Jr<u.de�w.w,rr�.�=rrti4n.rurti..h'--Jt�*.,.'e.J.�.7r'�..M.lr�.! THIS CERTIFICATE MUST BE ATTACHED D TO ,b JIF DOCUMENT DESCRIBEDBELOW Title or Type of Document: Deferred Improvement Agreement Date of Document. May 2, 2006 Signer(s) Othei Than Narnnecl Above: G. Lotus Fletcher and M ward T Fletcher, Jr, a lA•a dig � U ALL.PUIRPOSE dAC N 9WL DGiliftgkI'll W;trtto of California r. �� CQuniy of f.1ld , %iht.(. a a . before me , Gt �a-; ,,"i1.o . /�Ib t [71t rr,r f� . .r < L� __.. _ . id / �tW , kw* and TM uJ rjir+A1 {an. VRYUI I}r6 Jfr Pl�i'1frJ paruondlly appeared .�6"a. rGa�u f.?._ f1' +* C WATSON Corn, r 1413633 guar tamer •CA!Irothnn - Son tletrsorcJa CouiIy My Comm tipper ilpl(1 ZS MO? hernial al lV arrar •�.• - •� r Cl pernortally known to me p proved to me on tho bash of calisfectnry evidence to bo tits person( whole name(,) 1,49.1i subsc;rlbe t to tho within Instrument and taknowtedgnd In rrto that helspe)/th a1j executed tho same In I1Isfirflltyeir autheitzed ca f ncIty(i 6,), and that by hlsflvali drr :3igntatere i}'j on the lnstrtam nt the person el, or the entity upon behalf of which tho parson(4 or -loci, executed the irtslruntont. WITNEua my hand and ofticlal !tool Gliap a -a at Now/ I" _------,...._._._._, OPTIONAL, _ ...... �.m a ., . Though [ha fneurmarlion bntuw ra not requk ud i y row, It may probe) vnkrrltikr iu par3one rtrtylog on tho ducrtmant And oak! farllVeil/ lrnuckiti14 i renkwrir and AltotmWJ=mant of aria !ill to ortuttoorcfaconrant LBeeoviptlnr4 of Attached Docurrient rim.) or Typo el Document E;4A 1 L Document L1410 "«c i1' Sijnur(m) Ofhor Then Named Above Can icity{ios) Claimed by :Signer Sltlnar'13 Nemo O Individual O C0rperate Officer—1•Itio(e) 0 Partner —Ci Limited f 1 Gerterdt CI Attorney 61 Fact C t Twotao 0 Guardian ur Qonsorvator Q Sather. Shiner Is Representing: Number of Pa41ns 0113trg Nutoti Noral AI Jxlal • OM Da {Matfay.• It CI Doll 240.2+Cr mali, CdbLMl940 ara itateednxiYy.R It IMMORWAVOMML I$o,LNu. UM rbantlJrCat TO•F'W wsoo s!WI