HomeMy WebLinkAboutContracts & Agreements_7-2001RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
City Clerk's Office
City of Redlands
Post Office Box 3005
Redlands, California 92373
:Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
Doc No. 20010019368
1:25pm 01/18/01
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Per Government Code
Section 6103
Subdivision Improvement Agreement
BHS , Inc.
Tract No. 15832
Docurrerits/Recording Cover Page
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made thisl6thday of January , 2001, by and between the City
of Redlands, a municipal corporation, hereinafter referred to as "City, " and BHS, Inc. hereinafter
referred to as "Developer. "
RECITALS
WHEREAS, Developer is the owner of certain property located in the City of Redlands
and generally known as Tract No. 15832 (the "Subdivision") and Developer is obligated to
construct certain improvements (the "Improvements") therefor as a condition of approval of the
Subdivision; and
WHEREAS, City desires to ensure that the Improvements will be constructed in a good
and workmanlike manner and in accordance with the laws of the City; and
WHEREAS, Developer acknowledges that it is familiar with the provisions of the Redlands
Municipal Code and the State Subdivision Map Act (Government Code sections 66410 et. seq.)
and agrees to comply therewith; and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the Redlands
Municipal Code and the State Subdivision Map Act, and has been filed by Developer for
consideration by the City Council of City;
NOW, THEREFORE, in consideration of the approval and acceptance by the City Council
of the City of the final map for the Subdivision, and the promises contained herein, the parties
hereto mutually agree as follows:
1. General Requirements. Developer shall, at its own cost and expense, construct and
complete the Improvements to the satisfaction of City within twelve (12) months from the date of
Developer's execution of this Agreement, and at an estimated cost of Two Hundred Seventeen
Thousand Nine Hundred Forty Six Dollars ($217,946.00), including the cost of plan checking and
inspection.
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2. 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 Developer's
engineer and approved by City, and which are attached hereto as Exhibit "A. " No work on the
Improvements shall be commenced by Developer until such plans, profiles and specifications have
been approved by City and permits issued. The cost of plan checking and inspection incurred by
City shall be paid by Developer. 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.
3. Time of Completion. Construction of the Improvements shall be completed within
twelve (12) months from the date of Developer's execution 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.
4. Surety Bond. Concurrent with Developer's execution of this Agreement,
Developer shall file with City appropriate security pursuant to Government Code section 66499.3,
in the form and amount determined by City, to guarantee Developer's performance of this
Agreement and Developer's compliance with the provisions of the Redlands Municipal Code.
Developer shall also file a bond with City to guarantee payment to Developer's contractors,
subcontractors and to all persons providing equipment or furnishing labor or materials to
Developer for the Improvements. The bond shall be in the amount required by City in accordance
with Sections 66499 through 66499.10 of the Government Code.
5. Effective Date. This Agreement shall not become effective unless and until the
final map for the Subdivision is approved by City and accepted for recordation by the County
Recorder of the County of San Bernardino.
6. Liability for Nonperformance. Neither City nor its ` elected officials, officers,
employees or agents shall be liable to Developer or Developer's contractors, agents or employees
for any error or omission by Developer arising out of or in connection with any work performed
pursuant to this Agreement.
7. Liability for Personal Injuries. City shall not be liable to Developer or to any other
person, firm or corporation for any injury or damage resulting to any person or property by or
from any cause whatsoever in, on or about the Subdivision.
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8. Release and Indemnification. Developer shall defend, indemnify and hold harmless
City, its elected officials, officers, employees and agents from and against any and all injuries to
and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and
liability, however caused and whenever the same may occur, resulting directly or indirectly from
the performance or nonperformance of any or all work done in and upon the street rights -of -way
in the Subdivision, and upon the premises adjacent thereto, and also from any and all injuries to
and deaths of persons and injuries to property or other interests, and all claims, demands, costs
loss, damage and liability, however caused and whenever the same may occur, either directly or
indirectly from Developer, or Developer's agents, employees and subcontractors while engaged
in the performance of such work.
Prior to commencingconstruction of the Improvements, Developer's contractors shall
furnish to City satisfactory evidence of an insurance policy, on an occurrance basis, written upon
a form and by a company which meets with the approval of City, naming City, its elected officials,
officers, agents and employees as additional insureds against loss or liability which may arise
during the work or which may result from any of the work herein required to be done, including
all costs of defending any claim arising as a result thereof. Such insurance shall be primary with
respect to City and non-contributing to any insurance or self-insurance maintained by City. The
minimum limits of such policy shall be in the amount of One Million Dollars ($1,000,000) for the
death of or injury to any person in any one incident, and Two Million Dollars ($2,000,000) in the
aggregate, and Five Hundred Thousand Dollars ($500,000) for property damage for any one
incident. The policy shall be in favor of Developer and City, its officers, agents and employees,
and shall be maintained in full force and effect during the term of this Agreement. The policy
shall state by its terms and by an endorsement that the policy shall not be canceled or modified
unless City shall have had at least 45 days' prior notice in writing of such cancellation or
modification.
9. Liability of Developer. Developer agrees that the use for any purpose and by any
person of any and all of the Improvements shall be at the sole and exclusive risk of Developer at
all times prior to final acceptance by City of the Improvements; provided, that acceptance by City
shall in no way eliminate or lessen any of Developer's obligations contained in this Agreement.
The issuance of any occupancy permits by City for dwellings located within the Subdivision shall
not be construed in any manner to constitute an acceptance and approval of any or all of the
Improvements in the Subdivision.
10. Developer's Expenses. Developer shall pay for the following expenses:
a. Developer and its subcontractors shall pay for any materials, provisions and
other supplies or equipment used for the Improvements and for a payment bond with respect to
such work or labor, as required by Civil Code Section 3247.
b. The Improvements shall be constructed under the inspection of and subject
to the approval of the City Engineer. The cost of inspections shall be paid by Developer.
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11. Approval by City Engineer. City Engineer shall have the right to reject any or all
of the Improvements if Improvements do not conform with the plans and specifications described
herein or the ordinances of City. Any damage to the sewer system, utilities, concrete work, street
paving or other improvements that occurs after installation shall be made good to the satisfaction
of the City Engineer by Developer before release of bond or final acceptance of completed work.
12. Obligations of Developer. Developer's plans, specifications, completion of the
work and other acts relating to construction of the Improvements are subject to approval of City.
It is agreed by Developer that any approval by City shall in no way relieve Developer of
satisfactorily performing such work or its obligations hereunder. The construction of the
Improvements shall be done in accordance with the plans and specifications prepared by
Developer, with City standard specifications and consistent with the provisions of the Redlands
Municipal Code. Developer warrants that its plans and specifications conform to City standard
specifications and with the provisions of the Redlands Municipal Code, and that they are adequate
to accomplish the work in a good workmanlike manner and in accordance with sound construction
practices.
13. Warranty. Developer warrants and guarantees the materials used and workmanship
performed for the Improvements for a period of three (3) years after completion and acceptance
thereof by the City Engineer.
14. Notice of Completion. Developer shall file a Notice of Completion of the
improvements herein specified and shall concurrently mail a copy to the City Engineer.
15. Certification of Satisfactory Completion. Upon the satisfactory completion of the
Improvements by Developer, the City Engineer shall certify that the work of said Improvements
has been satisfactorily completed.
16. Assignment. This Agreement shall not be assignable without the written consent
of City.
17. Filing of Record Drawings. Upon completion of the work and subsequent to the
acceptance of the work by City, Developer shall supply City with one mylar (4 mils) set of record
drawings, certified by the County Recorder. These drawings shall be certified as being record
drawings and shall reflect the work as actually constructed, with all changes incorporated therein.
18. Attorneys' Fees. In the event any legal action is commenced to enforce or interpret
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the terms or conditions
other relief, be entitled
Executed on
CITY OF REDLANDS
By:
of this Agreement the prevailing party shall, in addition to any costs and
to the recovery of its reasonable attorneys' fees.
n....,a ry„ .16, aoo i 41e
, ON., at Redlands, California.
Mayor Pat Gilbreath
DEVELOPER
ANSI-10c..
B
ATTEST:
( ; Fa(44;.o C.eP f ; s(
Huber Yen, President
By:
I:\PW\LAURIE\Development\BONDS\TR15832\SUBDIV.wpd 5
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on January 16,
2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
{ X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
{
{
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney -In -Fact
Principal(s)
{ } Trustee(s)
Trust
{ x } Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Subdivision Improvement Agreement Tract No. 15832
Date of Document: January 16, 2001
Signer(s) Other Than Named Above: Hubert Yen (BHS, Inc.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On 10/12/00 before me, Anna Choi Lo, notary public
personally appeared Hubert Yen
❑personally known to me - OR - proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
• INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
n OTHER:
SIGNER IS REPRESENTING:
Subdivision Improvement Agreement
TITLE OR TYPE OF DOCUMENT
5
NUMBER OF PAGES
10/12/00
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
TRACT NO. 15832
Description Drawing No. Approval Date No. Of Sheets
The following plans are on file in the office of the Municipal Utilities Director:
Water Improvement Plans
Sewer Improvement Plans
D 60528 12/07/00 1
F 1577 12/07/00 2
The following plans are on file in the office of the Public Works Director:
Street Improvement Plans F 1577 11/29/00 2
6
Freedman moved to continue this hearing to February 6, 2001. Motion
seconded by Councilmember Haws and carried with Councilmember Gilbreath
abstaining.
PLANNING AND COMMUNITY DEVELOPMENT
Tract No. 16032 - Country Rose II Limited Partners - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously approved the Public Works Department's subdivision
improvement agreement and accepted and granted final approval to authorize
recordation with the County Recorder for Tract No. 16032, a subdivision of 15
single family lots on approximately 4.52 acres located on the northeast corner of
La Salle Street and Citrus Avenue.
Tract No. 15832 - BHS, Inc. - Tract No. 15832 is a subdivision of nine single
family lots on approximately 4.75 acres located on the southwest corner of
Cypress and Sunnyside Avenues. Vickie Becker expressed continuing
concerns for the neighboring properties of this project and requested that
their property rights be respected. Community Development Director
Shaw reported that no building permits will be issued until the grading
problems are resolved. Following discussion, Councilmember Gilbreath
moved to approve the Public Works Department's subdivision
improvement agreement, and to accept and grant final approval to
authorize recordation with the County Recorder for Tract No. 15832 with
the understanding a report on the grading concerns be provided to the City
Council at their February 6, 2001, meeting. Motion seconded by
Councilmember Peppler and carried unanimously.
Tract No. 15867 (Revised) - First Pacific Homes LLC - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council approved, with Councilmember Gilbreath abstaining due to a possible
conflict of interest, the Public Works Department's subdivision improvement
agreement, and accepted and granted final approval to authorize recordation
with the County Recorder for Tract No. 15867 (Revised), a subdivision of 11
single family lots on approximately 4.61 acres generally located between
Campbell and Franklin Avenues, east of Summit B.
Minor Subdivision No. 251 - George Beccacio - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
granted final approval for Minor Subdivision No. 251, a subdivision of
approximately 0.7 acres into two residential parcels for property located at
1571 Elizabeth Street.
Conditional Use Permit No. 683 - Redlands Christian Home - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously determined that no subsequent environmental documents
are necessary for a one-year time extension of Conditional Use Permit No. 683
January 16, 2001
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