HomeMy WebLinkAbout7324_CCv0001.pdf RESOLUTION NO. 7324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING
THE CITY MANAGER TO APPROVE AND EXECUTE NONSUBDIVISION
DEVELOPMENT PROJECT PUBLIC IMPROVEMENT AGREEMENTS
WHEREAS, Section 12.22.060 of the Redlands Municipal Code requires that when
public improvements are required by the City's Municipal Utilities and Engineering Director for
non-subdivision development projects, such improvements must be guaranteed by an
improvement agreement secured by a cash deposit or bond; and
WHEREAS, currently only City Council Members may approve and execute public
improvement agreements; and
WHEREAS, the City Council desires to increase efficiency and to expedite the process of
approval and execution of public improvement agreements; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. The City Council of the City of Redlands hereby authorizes the City Manager
to approve and execute public improvement agreements substantially in the form as attached
hereto as Exhibit"A."
ADOPTED, SIGNED AND APPROVED THIS 17th DAY OF SEPTEMBER, 2013.
n
Pete Aguilar, Mayor
ATTEST:
X24
Sam Irwin,-tiq Clerk
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1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council at a regular meeting thereof held on the 17"'day of September,
2013, by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: None
Sam Irwin, City Clerk
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EXHIBIT"A"
PUBLIC IMPROVEMENT AGREEMENT
RECORDING REQUESTED BY:
PUBLIC WORKS DEPARTMENT
CITY OF REDLANDS
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
CITY OF REDLANDS
PUBLIC IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this—day of 20_
("Effective Date")by
and between the City of Redlands, a municipal corporation,hereinafter referred to as "City," and
,hereinafter referred to as "Developer." City and Developer are sometimes
individually referred to herein as a"Party" and, together, as the"Parties."
RECITALS
WHEREAS, Developer is the owner or authorized developer of property located in the
City of Redlands and has received City approval for [describe the attachment(s)] (the"Project"),
for which Developer is obligated to construct certain improvements (the "Improvements") as a
condition of approval of the Project; and
WHEREAS,City desires to ensure that the Improvements will be constructed in a good
and workmanlike manner and in accordance with the City laws; and
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WHEREAS, Developer acknowledges that it is familiar with the provisions of the
Redlands Municipal Code and agrees to comply therewith; and
NOW,THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
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 Project
that are shown in the plans, profiles and specifications that have been prepared by Developer 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
therefore, upon acceptance of those Improvements by City.
2. Time for Completion. Construction of the Improvements shall be completed
within [ (___)months from the Effective Date of this Agreement. In the event
Developer fails to complete construction of the Improvements within that time period, City may
require Developer's surety to complete the Improvements, or City may complete construction of
the Improvements and recoup its expenses for such work from Developer, or Developer's surety,
as hereafter provided.
3. Develmer's Obligations to Construct Improvements. Developer shall:
a. Complete the Improvements, at Developer'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 for in Section 18 hereof.
b. Furnish at Developer's expense the necessary materials,provisions and other
supplies or equipment used for the Improvements, and a payment bond with respect to such work
or labor as required by Civil Code Section 3247, for the completion of the Improvements in
conformity with the Improvement Plans.
C. Acquire and dedicate all rights-of-way, easements, and other interests in real
property for construction and installation of the Improvements, or pay the cost of acquisition
incurred by City. All rights-of-way, easements and other interests in real property shall be free
and clear of liens and encumbrances. The Developer's obligations with regard to acquisition by
City of off-site rights-of-way, easements and other interests in real property shall be the subject
to a separate agreement between Developer and City. Developer shall also be responsible for
obtaining any public or private sanitary sewer, drainage, and/or utility easements or authorization
to accommodate the Project.
d. Commence construction of the Improvements by the time established in Section
25 of this Agreement and complete the Improvements as required by Section 2, above,unless a
time extension is granted by the City.
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4. Acquisition and Dedication of Property. If any of the Improvements
contemplated by this Agreement are to be constructed or installed on property not owned by City
or Developer, 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, the 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. Developer shall comply in all respects with the order of
possession.
Nothing in this Section shall be construed as authorizing or granting an extension of time to
Developer.
5. Securi1y. Developer shall at all times guarantee Developer's performance by
furnishing to City and maintaining good and sufficient security on forms approved by City for
the purposes and in the amounts as follows:
a. To assure faithful performance of the Agreement in an amount of 100%of the
estimated cost of the Improvements; and
b. To secure payment to any contractor, subcontractor,person renting equipment, or
furnishing labor and materials for the Improvements, a bond in the amount of 100%of the
estimated cost of the Improvements; and
C. To guarantee or warranty the Improvements for a period of one(1)year following
acceptance thereof by City against any defective work or labor done or defective materials
furnished in the additional amount of 25%of the estimate cost of the Improvements; and
d. Good and sufficient security in the amount of 100% of the estimated cost of
setting Project 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.
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 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 City Engineer
to be filed with the City Clerk, and upon filing(3)be deemed to have been made a part of and
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incorporated into this Agreement. Upon provision of a replacement security with the City
Engineer and filing of a replacement security with the City Clerk, the former security may be
released.
6. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement plans, not exceeding
10%of the original estimated cost of the Improvements, which are mutually agreed upon by City
and Developer shall not relieve the Improvement security given for faithful performance of this
Agreement. In the event such changes, alterations or additions exceed 10%of the original
estimated cost of the Improvements, Developer shall provide Improvement security for faithful
performance as required by Section 5 of 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. Developer shall construct the Improvements in accordance with City standards in
effect at the time of Effective Date of this Agreement. City reserves the right to modify the
standards applicable to the Project and this Agreement when necessary to protect the public
safety or welfare or comply with applicable Federal or State law or City ordinances. If
Developer 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. Developer 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 the Developer 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 public
Improvements to the Municipal Utilities and Engineering Director/City Engineer. No
Improvements shall be finally accepted unless all aspects of work have been inspected and
completed in accordance with the Improvement plans. When applicable law requires an
inspection to be made by the City at a particular stage of the work of constructing and installing
such Improvements, City shall be given timely notice of Developer's readiness for such
inspection and Developer shall not proceed with additional work until the inspection has been
made and the work approved. Developer shall bear all costs of inspection and certification. No
improvements shall be deemed completed until acceptance by the City.
8. Release of Securities. The securities required by this Agreement shall be released
as follows:
a. Security given for faithful performance of any act, obligation,work or agreement
shall be released upon the final completion and acceptance of the act or work, subject to the
provisions of subsection b. hereof.
b. City may release a portion of the security given for faithful performance of
Improvement work as the Improvement progresses upon application thereof by Developer;
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provided, however,that no such release shall be for an amount less than 25%of the total
Improvement security given for faithful performance of the Improvement work and that the
security shall not be reduced to an amount less than 50%of the total Improvement security given
for faithful performance until final completion and acceptance of the Improvements. In no event
shall the City Engineer authorize a release of the Improvement security which would reduce the
security to an amount below 125%of that required to guarantee completion for the Improvement
work and any other obligation imposed by this Agreement.
C. Security given to secure payment to the contractor, subcontractors and to persons
furnishing labor, materials or equipment shall, at six (6)months after the completion and
acceptance of the work, be reduced to an amount equal to no less than 125%of the total claimed
by all claimants for whom liens have been filed and of which notice has been given to the City,
plus an amount reasonably determined by City to be required to assure the performance of any
other obligations secured by the security. The balance of the security shall be released upon the
settlement of all claims and obligations for which the security was given.
d. No security given for the guarantee or warranty for work shall be released until
the expiration of the warranty period and until any claims filed during the warranty period have
been settled. As provided in Paragraph 12, the warranty period shall not commence until final
acceptance of all the work and Improvements by City.
e. The City may retain from any security released, an amount to sufficiently cover
costs and reasonable expenses and fees, including reasonable attorneys' fees.
9. Iniga to linprovements, Public Property or Public Utilities' Facilities.
a. Developer shall replace or repair, or have replaced or repaired, as the case may
be, all public Improvements,public utility facilities and surveying or Project monuments which
are destroyed or damaged as a result of any work under this Agreement. Developer 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
Project thereof, or by City or any public or private utility corporation or by any combination of
such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval,
of the City Engineer.
b. Until such time as the Improvements are accepted by City, Developer shall be
responsible for,and bear the risk of loss to, any of the Improvements. Until all Improvements
required by this Agreement are fully completed and accepted by City, Developer shall be
responsible for the care,maintenance of, and any damage to such Improvements. City shall not,
nor shall any officer or employee thereof,be liable to or responsible for any accident, loss or
damage, regardless of cause, happening or occurring to the Improvements required by this
Agreement prior to the completion and acceptance of the Improvements. All such risks shall be
the responsibility of and are hereby assumed by Developer.
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10. Permits. Developer shall at Developer'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 Developer.
a. Default of Developer shall include,but not be limited to:
(1) Developer's failure to timely commence construction of the
Improvements;
(2) Developer's failure to timely complete construction of the Improvements;
(3) Developer's failure to timely cure any defect in the hnprovernents;
(4) Developer's failure to perform substantial construction work for a period
of twenty(20) calendar days after commencement of the work;
(5) Developer's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, either voluntary or involuntary,which Developer
fails to discharge within thirty(30) days;
(6) The commencement of a foreclosure action against the Project or a portion
thereof, or any conveyance in lieu or in avoidance of foreclosure; or
(7) Developer's failure to perform any other obligation under this Agreement.
b. City reserves to itself all remedies available to it at law or in equity for breach of
Developer's obligations under this Agreement. City shall have the right, subject to this Section,
to draw upon or utilize the appropriate security to mitigate City's damages in the event of default
by Developer. The right of City to draw upon or utilize the security is additional to and not in
lieu of any other remedy available to City. It is specifically recognized that the estimated costs
and security amounts may not reflect the actual cost of construction or installation of the
Improvements and,therefore, City's damages for Developer's default shall be measured by the
cost of completing the required Improvements. The sums provided by the Improvements
security may be used by City for the completion of the Improvements in accordance with the
Improvement plans contained herein.
C. In the event of Developer's default under this Agreement, Developer authorizes
City to perform such obligation twenty(20) days after mailing written notice of default to
Developer and Developer'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 Developer,and
Developer'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 utilize in
completing the work, such materials, appliances,plants and other property belonging to
Developer as may be on the site of the work and necessary for performance of the work.
d. Failure of Developer 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 Project,or to
rescind the approval or otherwise revert the Project to acreage. The remedy provided by this
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subsection is in addition to, and not in lieu of, other remedies available to City. Developer
agrees that the choice of remedy or remedies for Developer's breach shall be in the discretion of
City.
e. In the event Developer fails to perform any obligation hereunder, Developer
agrees to pay all costs and expenses incurred by City in securing performance of such
obligations, including but not limited to fees and charges of architects, engineers, attorneys other
professionals and court costs.
f. The failure of City to take enforcement action with respect to a default,or to
declare a breach, shall not be construed as a waiver of that default or breach or any subsequent
default or breach of Developer.
12. Warranty. Developer shall guarantee or warranty Improvements for a period of
one(1) year after acceptance of the Project 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 Developer fails to fulfill
any of the requirements of this Agreement or the Improvement plans or specifications referred to
herein, Developer 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
Developer fail to act promptly in accordance with this requirement, Developer hereby authorizes
City, at City's option to perform the work twenty(20) days after mailing written notice of default
to Developer and to Developer's surety, and agrees to pay the cost of such work by City. Should
City determine that an urgency requires repairs or replacements to be made before Developer can
be notified, City may, in its sole discretion,make the necessary repair or replacement or perform
the necessary work and Developer shall pay to City the cost of such repairs.
13. Developer Not Agent or Employee of City. Neither Developer nor Developer's
agents, contractors or subcontractors are or shall be considered to be agents or employees of City
in connection with the performance of Developer's obligations under this Agreement.
14. Environmental Warranty. Prior to the acceptance of any property dedications or
Improvements by City,Developer shall certify and warrant that neither the property to be
dedicated nor Developer are in violation of any environmental law and neither the property to be
dedicated nor the Developer 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 Developer nor any third party will use, generate,manufacture, product,or release, on,
under, or about the property to be dedicated, any hazardous substance except in compliance with
all applicable environmental laws. Developer 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. Developer'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. Developer shall give prompt written notice to City at the address set
forth herein of:
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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. Developer'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 Developers for the apportionment of costs of
the Improvements pursuant to the provisions of the City ordinances providing therefore,nor shall
anything in this Agreement commit City to any such apportionment.
16. Developer's Obligation to Warn Public During Construction. Until final
acceptance of the Improvements, Developer 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 Improvements by City,
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. Developer and its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and
regulations in constructing the Improvements and including,but not limited to,all applicable
Labor Code laws.
20. Insurance.
a. Developer's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Developer 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. Developer shall provide City with Certificates of
Insurance evidencing such insurance concurrent with Developer's execution and delivery of this
Agreement to City, for City's approval.
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b. Worker's Compensation and Employer's Liability. Developer shall have Worker's
Compensation and Employer's Liability insurance in force throughout the duration of the
Agreement in an amount which meets statutory requirements.
C. Comprehensive General Liability Insurance. Developer 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 modification of the coverage limits or cancellation of said policy
except upon thirty(30)days prior written notice to City. Such insurance shall be primary and
non-contributing to any insurance or self-insurance maintained by City.
d. Business Auto Liability Insurance. Developer shall have business auto liability
coverage, with minimum limits of one million dollars($1,000,000)per occurrence, combined
single limit for bodily injury liability and property damage liability. This coverage shall include
all Developer 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. Such insurance shall be primary
and non-contributing to any insurance or self-insurance maintained by City.
21. Indemnity/Hold Harmless.
a. 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 Developer,its agents,
employees,contractors and subcontractors in the performance of this Agreement. Developer
further shall 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 Developer,
its agents, employees, contractors and subcontractors in the performance of this Agreement,
except for such claims, demands, causes of action, liability or loss arising out of the sole active
negligence of City, its officials,boards, commissions, the members thereof, agents, and
employees,including all claims, demands, causes of action, liability, or loss because of or arising
out of, in whole or in part, the design or construction of the Improvements. This 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 Project, and the public Improvements
as provided herein,and in addition, to adjacent property owners as a consequence of the
diversion of waters from the design and construction of public drainage systems, streets and
other public Improvements. Acceptance by City of the Improvements shall not constitute an
assumption by City of any responsibility for any damage or taking covered by this Section. City
shall not be responsible for the design or construction of the property to be dedicated or the
Improvements pursuant to the approved Improvement plans, regardless of any negligent action
or inaction taken by City in approving the plans, unless the particular Improvement design was
specifically required by City over written objection by Developer submitted to the City Engineer
before approval of the particular improvement design, which objection indicated that the
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particular improvement design was dangerous or defective and suggested an alternative safe and
feasible design.
b. After acceptance of the Improvements, Developer shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction
defect; however,Developer shall not be responsible for routine maintenance. The provisions of
this paragraph shall remain in full force and effect for ten(10) years following the acceptance by
City of the Improvements. It is the intent of this section that Developer 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. Developer shall reimburse City for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys and other professionals, and court
costs) incurred by City in enforcing the provisions of this section.
22. Personal Nature of Developer's Obligations. All of Developer's obligations
under this Agreement are and shall remain the personal obligations of Developer notwithstanding
a transfer of all or any part of the property within the Project subject to this Agreement, and
Developer shall not be entitled to assign its obligations under this Agreement to any transferee of
all or any part of the property within the Project or any other third party without the express
written consent of City.
23. Sale or Disposition of Project. Developer may request a novation of this
Agreement and a substitution of security. Upon approval of the novation and substitution of
securities, Developer may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve Developer of the obligations under Section 22
for the work or Improvements done by Developer.
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. Developer 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 additional years. The extension shall be executed in writing by the
Municipal Utilities and Engineering Director. Any such extension may be granted without
notice to Developer'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 Developer 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 Developer could not
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have reasonably foreseen, and furthermore were not caused by or contributed to by Developer,
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 Developer 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 Developer has fully satisfied the obligations
secured by this Agreement, at the request of Developer, execute and record a Certificate of
Satisfaction in the official records of the County of San Bernardino evidencing Developer's
compliance with, and satisfaction of, all obligations under this Agreement. Developer 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 Developer of this agreement shall not be
construed to vest Developer's rights with respect to any change in any zoning or building law or
ordinance.
28. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by mail, postage prepaid and addressed as provided in
this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the
date of deposit in the United States Mail. Notices shall be addressed as follows unless a written
change is filed with the City:
Notice to City: Municipal Utilities and Engineering Department Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Developer:
29. Severability. The provisions of this Agreement are severable. If any portion of
this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect unless amended or modified by mutual written
consent of the Parties.
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30. Cgptions. 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 terms of this Agreement.
33. Entire Agreement. This Agreement constitutes the entire Agreement of the
Parties with respect to the subject matter. All modifications, amendments, or waivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives of the
parties.
34. Interpretation. This Agreement shall be interpreted in accordance with the laws
_
of the State of California.
35. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be
in the County of San Bernardino, State of California.
IN WITNESS WHEREOF this agreement is executed by the Parties as of the date herein
above first written.
DEVELOPER CITY OF REDLANDS
By: By:
Title City Manager
By:
Title
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(Notary attachment and proof of authorization
for Developer's signatures required and must be attached)
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