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HomeMy WebLinkAboutContracts & Agreements_56-2001RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Redlands P.O. Box 3005 Redlands, CA 92373 Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder Doc No:22���5%�4%8 01 FIRST '1ERIC TI1'LE B 1 2 7 3 E 4 r 5 6 r 7 fl 8 fl 9 n O IT PG FEE APF GIMS PH CPY CRT CPY ADD NM PEN PR PCOR 0a 5 VI (..-- NON ST LN SVY CIT•CO TRANS TAX DA CHRG EXAM CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 THIS AGREEMENT is made this 17th day of April, 2001, by and between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and Essex Realty Management, Inc., a California corporation, hereinafter referred to as "Developer." RECITALS WHEREAS, Developer is the owner of certain property located in the City of Redlands generally known as City of Redlands Parcel Map No. 15530 (the "Subdivision") and is obligated to construct certain improvements (the "Improvements") therefor as a condition of approval of the Subdivision; and WHEREAS, the 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 I:\djm\Agreements\5058 Agreement Grabendike.wpd 1 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 the City; NOW, THEREFORE, in consideration of the approval and acceptance by the City Council of the City of the final map for the Subdivision, and the mutual promises contained herein, the parties hereto agree as follows: AGREEMENT 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. 2. Description and Ownership of Improvements. The Improvements include, but are not limited to, the grading, paving and 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 the City, and which are all attached hereto as Exhibit "A." No work on the Improvements shall be commenced by Developer until permits for the construction of the particular Improvements are issued. The costs of plan checking and inspection incurred by I:\djm\Agreements\5058 Agreement Grabendike.wpd 2 the City shall be paid by Developer at the time such plan checking and inspection occurs. All Improvements constructed or installed pursuant to this Agreement shall become the property of the City, without payment therefor, upon acceptance of those Improvements by the 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, in addition to any other remedies it may have, the City may require Developer's surety to complete the Improvements, or the City may cause the completion of construction of the Improvements and recoup its expenses for such work from Developer, or Developer's surety. 4. Surety Bonds. The Developer's estimated cost of constructing the Improvements, as of the date of this Agreement, excluding the costs of plan checking and inspection, is Four Hundred Thousand Dollars ($400,000.00). Concurrent with Developer's execution of this Agreement, Developer shall file with the City a surety bond pursuant to Government Code section 66499.3, in the form and amount determined by the 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 the City in an amount of Two Hundred Thousand Dollars ($200,000) which is equal to fifty percent of the estimated cost of the Improvements to guarantee payment to Developer's contractors, subcontractors and to all personsproviding equipment or furnishing labor or materials to Developer for the Improvements. Developer shall also provide the City, upon completion of the Improvements, a bond in the amount determined necessary by the City I:\djm\Agreements\5058 Agreement Grabendike.wpd 3 • to fulfill Developer's obligations arising under the guaranty and warranty against defective work, labors and materials for one year following the completion and acceptance by the City of the Irnprovements. The bonds shall each be in the amounts required by the City in accordance with Sections 66499 through 66499.10 of the Government Code and shall, in addition to the face amount of the bond, cover costs and reasonable expenses and fees, including attorneys' fees, that the City may incur in successfully enforcing Developer's obligations under this Agreement and those obligations of Developer secured by the bond. 5. Effective Date. This Agreement shall not become effective unless and until the final map for the Subdivision is approved by the City and accepted for recordation by the County Recorder of the County of San Bernardino. 6. Liability for Nonperformance. Neither the City nor its elected officials, officers or employees 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. The 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 as a result of work performed pursuant to this Agreement. I:\djm\Agreements\5058 Agreement Grabendike.wpd 4 • 8. Release and Indemnification. Developer shall defend, indemnify and hold harmless the City, its elected officials, officers and employees from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, losses, damages 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 commencing construction of the Improvements, Developer's contractors shall furnish to the City satisfactory evidence of an insurance policy, on an "occurrence" basis, written upon a form and by a company which meets with the approval of the City, naming the City, its elected officials, officers 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 the City and non-contributing to any insurance or self-insurance maintained by the 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 the City, its elected officials, officers and I:\djm\Agreements\5058 Agreement Grabendike.wpd 5 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 the City shall have had at least 45 days' prior written notice 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 the City of the Improvements; provided, that acceptance by the City shall in no way eliminate or lessen any of Developer's obligations contained in this Agreement. The issuance of any occupancy permits by the City for buildings 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. I:\djm\Agreements\5058 Agreement Grabendike.wpd 6 11. Approval by City Engineer. City Engineer shall have the right to reject any or all of the Improvements if the Improvements do not conform with the plans and specifications described herein or the ordinances of the 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 the City. It is agreed by Developer that any approval by the 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 the City's standard specifications and consistent with the provisions of the Redlands Municipal Code. Developer warrants that its plans and specifications conform to the City's 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 one (1) year after completion and acceptance thereof by the City Engineer. I:\djm\Agreements\5058 Agreement Grabendike.wpd 7 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. Assignment. This Agreement shall not be assigned without the prior written consent of City. 16. Filing of Record Drawings. Upon completion of the Improvements and prior to the acceptance of the Improvements by the City, Developer shall supply the City with one mylar (4 mils) set of record drawings, certified by the Recorder of the official records for the County of San Bernardino. These drawings shall be certified as being record drawings and shall reflect the improvements as actually constructed, with all changes incorporated therein. 17. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. Executed on April 17, 2001, at Redlands, California. CITY OF REDLANDS ATTEST: By: Mayor DEVELOPER I:\djm\Agreements\5058 Agreement Grabendike.wpd 8 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 April 17, 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 () e;�GgRPORgT.4 L N s — By: ./ °., 1 ��� o� Beatrice Sanchez, Deputy City Clerk r `... e��r l'4 /FO RN`P�\\ (909)798-7531 { } { } CAPACITY CLAIMED BY SIGNER(S) Individuals) 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 (Parcel Map No. 15530) Date of Document: April 17, 2001 Signer(s) Other Than Named Above: Essex Realty Management Inc. (Developer) Sent By: Essex Realty Management:; 9096863082; Apr-10-01 11:32AM; Essex Redlands Industrial Center LLC A California Limited Liability Company By: The Essex Group LLC A California Limited Liability Company, Member By: Essex Realty Management, Inc. A California Corpo at/on, Its Sole Managing Member Ry: Burrel D. Magnusson.. President By: Page 10/15 Lldjiit\Agreements15058 Agreement Gnibendike.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I'. fi © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of On 0cor,c S?.:��5.51.2.� C zD�S;T.e�2�R ��'� �c� yc��S.��2�5,�,?'/•.�'��Sy S .,s���<�2 ,c1 12 O( 2c001 , before me, Date personally appeared 0-CC k- \ SNIDI K. MONTEZ Coinn11llon IA« 1257300 Nokiy Public - California F. Orange County My Comm. Expo tk.Aor 18, 2 T)4 £ Place Notary Seal Above SS. onth. Klee Name and Title of Officer (e.g., "Jane Doe, Notary Public") 1(`f Ck• ►10 &S 040 Name of Signer(s) ❑ personally known to me 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- , .„ 1� Signature of Not OPTIONAL ryP lic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SLAC�k» \ &ND c1 ,pv3b'4- P\,9ree4'04Lh Document Date: CZ' \1, 2-00 Number of Pages: Id Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here CITY OF REDLANDS SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" PARCEL MAP NO. 15530 (MS 253) Description Drawing No. Approval Date No. Of Sheets The following plans are on file in the office of the Municipal Utilities Director: Water Improvement Plan Sewer Improvement Plan D 60533 April 6, 2001 F1597 April 6, 2001 5 4 The following plans are on file in the office of the Public Works Director: Street Improvement Plans F 1597 April 25, 2001 6 Storm Drain Plan 1 Street Light / Striping 2 Funding Request - Recycling and Litter Cleanup - On motion of Councilmember George, seconded by Councilmember Haws, the City Council authorized submittal of a beverage container recycling and litter cleanup funding request to the Department of Conservation, Recycling Division by AYE votes of all present. Utility Billing Customer Infoiiiiation System - On motion of Councilmember George, seconded by Councilmember Haws, the City Council authorized Change Order No. 2 to the software and license implementation agreement with Advanced Utility Systems Corporation for the City's Utility Billing Customer Information System by AYE votes of all present. Minor Subdivision No. 253, Parcel Map No. 15530, - Final Approval - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a subdivision improvement agreement for Minor Subdivision No, 253, Parcel Map No. 15530, located on the southeast corner of Redlands Boulevard and New Jersey Street (Essex Development, applicant). On motion of Councilmember George, seconded by Councilmember Haws, the City Council granted final approval for Minor Subdivision No, 253, Parcel Map No. 15530, by AYE votes of all present. COMMUNICATIONS Appointments - Redevelopment Advisory Commission - On December 5, 2000, the City Council approved the reactivation of the Redevelopment Advisory Commission. Members on this commission must be residents of Redlands and may not reside or own property within the Redevelopment Area boundaries. Although several applications have been received, Mayor Gilbreath wanted to re -advertise the availability of appointments. No action was taken at this meeting. Citrus Groves Policy - Mayor Pro Tem George asked the City Council to authorize exploration of ways to assist "pocket" (five acres or less) citrus groves especially in relation to the use of domestic water. Councilmember Haws felt this fell within the recently adopted Citrus Policy. By concurrence, this was referred to staff for a report. Regional Transportation Plan - Mayor Pro Tem George reported about the recently approved Regional Transportation Plan which will carry us to 2025 and reviewed the contents. Included, as a "baseline project," is the extension of Metrolink service to Redlands to be completed by 2010. Mayor Pro Tem George will attempt to move this date up to 2005. Congressman Jerry Lewis - Mayor Pro Tem George reported on the very successful Jerry Lewis Appreciation Day held on April 11, 2001, in the Mitten Building. He expressed his appreciation to the Redlands Allies, Chamber of April 17, 2001 Page 4