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RECORDING REQUESTED BY:
MUNICIPAL UTILITIES AND
ENGINEERING DEPARTMENT
CITY OF REDLANDS
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
Electronically
Recorded in Official Records
San Bernardino County
V'
Assessor -Recorder -County Clerk
DOC# 2025.0023871
0210612025
Titles:I Pages: 17
08:00 AM
SAN
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14311
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SECTION 6103 CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement ("Agreement") is made this 7" day of January,
2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation, hereinafter
referred to as "City," and TRI POINTE HOMES IE-SD, INC., a California corporation, hereinafter
referred to as "Subdivider." City and Subdivider are sometimes individually referred to herein as a
"Party" and, together, as the "Parties."
RECITALS
WHEREAS, Subdivider is the owner or authorized developer of property located in the City
of Redlands known as Tract No. 20520 (the "Subdivision") for which Subdivider is obligated to
construct certain improvements (the "Improvements") as a condition of approval of the Subdivision;
and
WHEREAS, City desires to ensure that the Improvements will be constructed in a good and
workmanlike manner and in accordance with City laws; and
WHEREAS, Subdivider acknowledges that it is familiar with the provisions of the Redlands
Municipal Code and the State Subdivision Map Act (Government Code section 66410 et seq.) and
agrees to comply therewith; and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the Redlands
Municipal Code and the State Subdivision Map Act, and has been filed by Subdivider for
consideration by City;
NOW, THEREFORE, in consideration of the approval and acceptance by the City Council of
City of the final map for the Subdivision, and the mutual promises contained herein, the Parties agree
as follows:
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AGREEMENT
1. Definition and Ownership of Improvements. The Improvements include but are not
limited to the grading, paving, construction of curbs and gutters, storm drains and sanitary sewers,
water lines, utilities, street lights and all appurtenant facilities associated with the Subdivision that
are shown in the plans, profiles and specifications that have been prepared by Subdivider and
approved by City, and which are described in Exhibit "A." All Improvements constructed or installed
pursuant to this Agreement shall become the property of City, without payment therefor, upon
acceptance of those Improvements by City.
2. Time for Completion. Construction of the Improvements shall be completed within
twelve (12) months from the Effective Date of this Agreement. In the event Subdivider fails to
complete construction of the Improvements within that time period, City may require Subdivider's
surety to complete the Improvements, or City may complete construction of the Improvements and
recoup its expenses for such work from Subdivider, or Subdivider's surety, as hereafter provided.
Subdivider's Obligations to Construct Improvements. Subdivider shall:
A. Complete the Improvements, at Subdivider's expense, in conformance with
approved Improvement plans; provided, however, that the Improvements shall not be deemed to be
completed until accepted by City as provided in Section 18 hereof.
B. Furnish at Subdivider's expense the necessary materials, provisions and other
supplies or equipment used for the Improvements, and a payment bond with respect to such work or
labor as required by Civil Code Section 9550, for the completion of the Improvements in conformity
with the Improvement plans.
C. Acquire and dedicate all rights -of -way, easements, and other interests in real
property for construction and installation of the Improvements, or pay the cost of acquisition incurred
by City. All rights -of -way, easements and other interests in real property shall be free and clear of
liens and encumbrances. Subdivider's obligations with regard to acquisition by City of off -site rights -
of -way, easements and other interests in real property shall be subject to a separate agreement
between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private
sanitary sewer, drainage, and/or utility easements or authorization to accommodate the Subdivision.
D. Commence construction of the Improvements by the time established in Section 25
of this Agreement and complete the Improvements as required by Section 2, above, unless a time
extension is granted in writing by City.
E. Install all Improvement monuments required by law prior to acceptance of the
Improvements by City. Individual property monuments shall be installed within twelve (12) months
of such acceptance.
F. Install street name signs conforming to City standards. Permanent street name signs
shall be installed before acceptance of the Improvements by City.
4. Acquisition and Dedication of Property. If any of the Improvements contemplated
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by this Agreement are to be constructed or installed on property not owned by City or Subdivider, no
construction or installation shall be commenced before:
A. The offer of dedication to City of appropriate rights -of -way, easements or other
interests in real property, and appropriate authorization from property owner to allow construction or
installation of the Improvements, or
B. The dedication to, and acceptance by, City of appropriate rights -of -way easements
or other interests in real property, as determined by the Municipal Utilities and Engineering Director,
or
C. The issuance by a court of competent jurisdiction pursuant to the State Eminent
Domain Law of an order of possession. Subdivider shall comply in all respects with the order of
possession.
Nothing in this Section shall be construed as authorizing or granting an extension of time to
Subdivider.
5. Security. Subdivider shall at all times guarantee Subdivider's performance by
furnishing to City and maintaining good and sufficient security as required by the Subdivision laws
in accordance with Sections 66499 through 66499.10 of the Government Code, on forms approved
by City for the purposes and in the amounts as follows:
A. To assure faithful performance of the Agreement in regard to the Improvements in
an amount of one hundred (100%) of the estimated cost of the Improvements; and
B. To secure payment to any contractor, subcontractor, person renting equipment, or
furnishing labor and materials for the Improvements, a bond in the amount of fifty (50e/u) 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 ten (101/o) of the estimate cost of the Improvements; and
D. Good and sufficient security in the amount of one hundred (100o/o) of the estimated
cost of setting subdivision monuments.
E. Additional security as required by the applicable provisions of the Redlands
Municipal Code.
The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the
security documents referenced in this Agreement are hereby incorporated into this Agreement. If any
security is replaced by another approved security, the replacement shall: (1) comply with all the
requirements for security in this Agreement, (2) be provided to the City Engineer to be filed with the
City Clerk, and upon filing (3) be deemed to have been made a part of and incorporated into this
Agreement. Upon provision of a replacement security with the City Engineer and filing of a
replacement security with the City Clerk, the former security may be released.
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6. Alterations to Improvement Plans.
A. Any changes, alterations or additions to the Improvement plans, not exceeding ten
(10%) of the original estimated cost of the Improvements, which are mutually agreed upon by City
and Subdivider shall not relieve the Improvement security given for faithful performance of this
Agreement. In the event such changes, alterations or additions exceed ten (10%) of the original
estimated cost of the Improvements, Subdivider shall provide Improvement security for faithful
performance as required by Section 5 of this Agreement for one hundred (100%) of the total estimated
cost of the Improvement as changed, altered or amended, less any completed partial releases allowed
by Section 8 of this Agreement.
B. Subdivider shall construct the Improvements in accordance with City standards in
effect on the Effective Date of this Agreement. City reserves the right to modify the standards
applicable to the Subdivision and this Agreement when necessary to protect the public safety or
welfare or comply with applicable Federal or State law or City ordinances. If Subdivider requests and
is granted an extension of time for completion of the Improvements, City may apply the standards in
effect at the time of the extension.
7. Inspection. Subdivider shall at all times maintain proper facilities and safe access for
inspection of the Improvements by City inspectors and to the shops wherein any work is in
preparation. Upon completion of the Improvements, Subdivider may request a final inspection by the
City Engineer or the City Engineer's authorized representative. If the City Engineer, or the City's
designated representative, determines that the work has been completed in accordance with this
Agreement, then the designated representative shall certify the completion of the Improvements to
the Municipal Utilities and Engineering Director/City Engineer. No Improvements shall be accepted
unless all aspects of work have been inspected and completed in accordance with the Improvement
plans. When applicable law requires an inspection to be made by City at a particular stage of the work
of constructing and installing such Improvements, City shall be given timely notice of Subdivider's
readiness for such inspection and Subdivider shall not proceed with additional work until the
inspection has been made and the work approved. Subdivider shall bear all costs of inspection and
certification. No Improvements shall be deemed completed until written acceptance by City.
8. Release of Securities. The securities required by this Agreement shall be released as
follows:
A. Security given for faithful performance of any act, obligation, work or agreement
shall be released upon the final completion and acceptance of the act or work, subject to the provisions
of subsection b. hereof.
B. City may release a portion of the security given for faithful performance of the
Improvement work as the work progresses upon application therefor by Subdivider; provided,
however, that no such release shall be for an amount less than twenty five (25%) of the total
Improvement security given for faithful performance of the Improvement work and that the security
shall not be reduced to an amount less than fifty percent (50%) of the total Improvement security
given for faithful performance until final completion and acceptance of the Improvements. In no event
shall the City Engineer authorize a release of the Improvement security which would reduce the
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security to an amount below one hundred twenty five percent (125%) of that required to guarantee
completion for the Improvement work and any other obligation imposed by this Agreement.
C. Security given to secure payment to any contractor, subcontractors and to persons
furnishing labor, materials or equipment shall, at six (6) months after the completion and acceptance
of the work, be reduced to an amount equal to no less than one hundred twenty five percent (125%)
of the total claimed by all claimants for whom liens have been filed and of which notice has been
given to City, plus an amount reasonably determined by City to be required to assure the performance
of any other obligations secured by the security. The balance of the security shall be released upon
the settlement of all claims and obligations for which the security was given.
D. No security given for the guarantee or warranty for work shall be released until the
expiration of the warranty 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. City may retain from any security released, an amount to sufficiently cover costs and
reasonable expenses and fees, including reasonable attorneys' fees.
9. lniury to Improvements Public Property or Public Utilities' Facilities.
A. Subdivider shall replace or repair, or have replaced or repaired, as the case may be,
all public Improvements, public utility facilities and surveying or subdivision monuments which are
destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire
cost of replacement or repairs of any and all public or public utility property damaged or destroyed
by reason of any work done under this Agreement, whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political subdivision thereof,
or by City or any public or private utility corporation or by any combination of such owners. Any
repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
B. Furthermore, until such time as the Improvements are accepted by City, Subdivider
shall be responsible for, and bear the risk of loss to, the Improvements. Until all Improvements
required by this Agreement are fully completed and accepted by City, Subdivider shall be responsible
for the care and maintenance of, and any damage to, such Improvements. City shall not, nor shall any
officer or employee thereof, be liable to or responsible for any accident, loss or damage, regardless
of cause, happening or 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 Subdivider.
to. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and
licenses for the construction and installation of the Improvements, and give all necessary notices and
pay all fees and taxes required by law.
11. Default of Subdivider.
A. Default of Subdivider shall include, but not be limited to:
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(1) Subdivider's failure to timely commence construction of the
Improvements;
(2) Subdivider's failure to timely complete construction of the Improvements;
(3) Subdivider's failure to timely cure any defect in the Improvements;
(4) Subdivider's failure to perform substantial construction work for a period
of twenty (20) calendar days after commencement of the work;
(5) Subdivider's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, either voluntary or involuntary, which Subdivider
fails to discharge within thirty (30) days;
(6) The commencement of a foreclosure action against the subdivision or a
portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or
(7) Subdivider's failure to perform any other obligation under this Agreement.
B. City reserves to itself all remedies available to it at law or in equity for breach of
Subdivider's obligations under this Agreement. City shall have the right, subject to this Section,
to draw upon or utilize the appropriate security to mitigate City's damages in the event of default
by Subdivider. The right of City to draw upon or utilize the 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 Subdivider'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 Subdivider's default under this Agreement, Subdivider authorizes
City to perform such obligation twenty (20) days after mailing written notice of default to
Subdivider and Subdivider's surety, and agrees to pay the entire cost of such performance by City.
City may take over the work and prosecute the same to completion, by contract or by any other
method City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any excess cost of damages occasioned City thereby.
In such event, City, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plants and other property belonging to Subdivider as may be
on the site of the work and necessary for performance of the work.
D. Failure of Subdivider to comply with the terms of this Agreement shall constitute
consent to the filing by City of a notice of violation against all the lots in the Subdivision, or to
rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this
subsection is in addition to, and not in lieu of, other remedies available to City. Subdivider agrees
that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of City.
E. In the event that Subdivider fails to perform any obligation hereunder, Subdivider
agrees to pay all costs and expenses incurred by City in securing performance of such obligations,
including but not limited to fees and charges of architects, engineers, attorneys and other
professionals, and court costs.
F. The failure of City to take enforcement action with respect to a default, or to declare
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a breach, shall not be construed as a waiver of that default or breach or any subsequent default or
breach of Subdivider.
12. Warranty. Subdivider shall guarantee or warrant the Improvements undertaken
pursuant to this Agreement for a period of one (1) year after acceptance of the Subdivision by City
against any defective work or labor done or defective materials furnished. If within the warranty
period any work or Improvement, or part of any work or Improvement done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
Improvement plans or specifications referred to herein, Subdivider shall without delay and without
cost to City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts
of the work or structure. Should Subdivider fail to act promptly in accordance with this
requirement, Subdivider hereby authorizes City, at City's option to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subdivider's surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make
the necessary repairs or replacement or perform the necessary work, and Subdivider shall pay to
City the cost of such repairs.
13. Subdivider Not Agent or Employee of City_ Neither Subdivider nor Subdivider's
agents, contractors or subcontractors are or shall be considered to be agents or employees of City
in connection with the performance of Subdivider's obligations under this Agreement.
14. Environmental Warranty. Prior to the acceptance of any property dedications or
Improvements by City, Subdivider shall certify and warrant that neither the property to be
dedicated nor Subdivider are in violation of any environmental law and neither the property to be
dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by
any federal, state or local governmental authority under or in connection with environmental law.
Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on,
under, or about the property to be dedicated, any hazardous substance except in compliance with
all applicable environmental laws. Subdivider has not caused or permitted the release of, and has
no knowledge of the release or presence of, any hazardous substance on the property to be
dedicated or the migration of any hazardous substance from or to any other property adjacent to,
or in the vicinity of, the property to be dedicated. Subdivider's prior and present use of the property
to be dedicated has not resulted in the release of any hazardous substance on the property to be
dedicated. Subdivider shall give prompt written notice to City at the address set forth herein o£
A. Any proceeding or investigation by any federal, state or local governmental
authority with respect to the presence of any hazardous substance on the property to be dedicated
or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property
to be dedicated;
B. Any claims made or threatened by any third party against City or the property to be
dedicated relating to any loss or injury resulting from any hazardous substance; and
C. Subdivider's discovery of any occurrence or condition on any property adjoining
in the vicinity of the property to be dedicated that could cause the property to be dedicated or any
part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for
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which it is intended, transferability or suit under any environmental law.
15. Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the
Parties, or from entering into agreements with other subdividers for the apportionment of costs of
the Improvements pursuant to the provisions of the City ordinances providing therefor, nor shall
anything in this Agreement commit City to any such apportionment.
16. Subdivider's Obligation to Warn Public during Construction. Until final acceptance
of the Improvements by City, Subdivider shall give good and adequate warning to the public of
each and every dangerous condition extant in connection with said Improvements, and will take
reasonable actions to protect the public from such dangerous conditions.
17. Vesting of Ownership. Upon formal final acceptance of the Improvements by City
and recordation of the final map for the Subdivision, ownership of the Improvements constructed
pursuant to this Agreement shall vest in City.
18. Final Acceptance of Work. Acceptance of work on behalf of City shall be made by
the Municipal Utilities and Engineering Director after final completion and inspection of all
Improvements. Such acceptance shall not constitute a waiver of defects by City.
19. Compliance with Laws. Subdivider and its agents, employees, contractors and
subcontractors shall comply with all applicable Federal, State and local rules, laws and
regulations in constructing the Improvements including, but not limited to, all applicable Labor
Code laws.
20, Insurance.
A. City, and its elected and appointed officials, officers, employees, and volunteers shall
be covered as additional insureds on the Commercial General Liability ("CGL") policy with respect
to liability arising out of work or operations performed by, or on behalf of, Subdivider including
materials, parts, or equipment furnished in connection with such work or operations and automobiles
owned, leased, hired, or borrowed by or on behalf of Subdivider. General liability coverage can be
provided in the form of an endorsement to Subdivider's insurance (at least as broad as Insurance
Services Office ("ISO") Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG
20 38; and CG 20 37 forms if later revisions used).
For any claims related to this project, Subdivider's insurance coverage shall be primary
insurance coverage at least as broad as ISO CG 20 01 04 13 as respects City, and its elected and
appointed officials, officers, employees, and volunteers. Any insurance or self-insurance maintained
by City, and its elected and appointed officials, officers, employees, or volunteers shall be excess of
Subdivider's insurance and shall not contribute with it.
Each insurance policy required by this section 20 shall provide that coverage shall not be
canceled, except with prior twenty (20) days written notice to City.
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B. Builder's Risk (Course of Construction) Insurance. Subdivider may submit evidence
of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall
name City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an
Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be
obtained that provides for the improvement, remodel, modification, alteration, conversion or
adjustment to existing buildings, structures, processes, machinery and equipment. The Property
Installation Floater shall provide property damage coverage for any building, structure, machinery or
equipment damaged, impaired, broken, or destroyed during the performance of the Work, including
during transit, installation, and testing.
C. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise
acceptable to City.
D. Waiver of Subrogation. Subdivider hereby agrees to waive rights of subrogation which
any insurer of Subdivider may acquire from Subdivider by virtue of the payment of any loss.
Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in
favor of City for all wort, performed by Subdivider, its employees, agents, and subcontractors.
E. Verification of Coverage. Subdivider shall furnish City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage required by this clause) and a copy of the Declarations and Endorsement
Page of the CGL policy listing all policy endorsements to City before Work begins. However, failure
to obtain the required documents prior to the work beginning shall not waive Subdivider's obligation
to provide them. City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by these specifications, at any time.
F. Subcontractors. Subdivider shall require and verify that all subcontractors maintain
insurance meeting all requirements stated herein, and Subdivider shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide
coverage with a form at least as broad as CG 20 38 04 13.
G. Subdivider's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Subdivider for the duration
of this Agreement and shall be primary with respect to City and non-contributing to any insurance
or self-insurance maintained by City. Subdivider shall provide City with Certificates of Insurance
evidencing such insurance concurrent with Subdivider's execution and delivery of this Agreement
to City, for City's approval.
H. Worker's Compensation and Employer's Liability. Subdivider shall have Worker's
Compensation and Employer's Liability insurance in an amount which meets the statutory
requirement with an insurance carrier acceptable to City Subdivider shall execute and provide City
with Exhibit `B" titled "Workers' Compensation Insurance Certification," which is attached hereto
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and incorporated herein by this reference.
I. Comprehensive General Liability Insurance. Subdivider shall secure comprehensive
general liability insurance covering all work under this Agreement, including work done by
subcontractors, with carriers acceptable to City. Minimum coverage of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional insured and
the insurance policy shall include a provision prohibiting modification of the coverage limits or
cancellation of said policy except upon thirty (30) days prior written notice to City.
J. Business Auto Liability Insurance. Subdivider shall secure business auto liability
coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include all
Subdivider owned vehicles used on the project, hired and non -owned vehicles, and employee non -
ownership vehicles. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of the coverage limits or cancellation of said policy
except upon thirty (30) days prior written notice to City.
21. Indemnitv/Hold Harmless.
A. City and any official or employee thereof shall not be liable for any injury to
persons or property occasioned by reasons of the acts or omissions of Subdivider, its agents,
employees, contractors and subcontractors in the performance of this Agreement. Subdivider
further agrees to protect, defend, indemnify and hold harmless City, and its officials and employees
from any act or omission by Subdivider or its employees or agents, in connection with the work
performed pursuant to this Agreement except for all claims, losses, damages, causes of action,
injuries and/or liabilities to City and/or third parties caused by the negligence of City or City's
agents. This indemnification and Agreement to hold harmless shall extend to injuries to persons
and damages or taking of property resulting from the design or construction of the Subdivision,
and the public Improvements as provided herein.
B. After acceptance of the Improvements, Subdivider shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction defect;
however, Subdivider shall not be responsible for routine maintenance. The provisions of this
paragraph shall remain 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 Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or inspecting any work or construction. The
Improvement security shall not be required to cover the provisions of this paragraph.
C. Subdivider shall reimburse City for all attorney's fees, costs and expenses
(including but not limited to fees and charges of architects, engineers, attorneys and other
professionals, and court costs) incurred by City in enforcing the provisions of this section.
D. In the event City tenders defense and indemnification pursuant to the provision set
forth in subsection (a) above, and Subdivider wrongfully delays acceptance of the tender of the
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indemnification beyond the date specified in the tender of defense and indemnification demand,
and based on City's costs necessitated by having to undertake its own defense and utilize the
services of its own employees in the defense of any such claim, Subdivider shall be charged two
hundred fifty ($250) dollars per day from the date tender should have been accepted until the date
tender is finally accepted to reimburse City for all of its defense related expenses, including the
value of all time required by City employees to defend City during the time that tender should
have been but was not accepted.
22. Personal Nature of Subdivider's Obligations. All of Subdivider's obligations under
this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a
transfer of all or any part of the property within the Subdivision subject to this Agreement, and
Subdivider shall not be entitled to assign its obligations under this Agreement to any transferee of
all or any part of the property within the Subdivision or any other third party without the express
written consent of City.
23. Sale or Disposition of Subdivision. Subdivider may request a novation of this
Agreement and a substitution of security. Upon approval of the novation and substitution of
securities, Subdivider may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve Subdivider of the obligations under Section 22
for the work or Improvements done by Subdivider.
24. Time is of the Essence. Time is of the essence in the performance of this
Agreement.
25. Time for Commencement of Work; Time Extensions. Subdivider shall commence
substantial construction of the Improvements required by this Agreement not later than three (3)
months after the Effective Date of this Agreement. In the event good cause exists as determined
by the Municipal Utilities and Engineering Director, the time for commencement of construction
or completion of the Improvements hereunder may be extended for a period or periods not
exceeding a total of two (2) additional years. The extension shall be executed in writing by the
Municipal Utilities and Engineering Director. Any such extension may be granted without notice
to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or
sureties on any security given for this Agreement. The Municipal Utilities and Engineering
Director shall be the sole and final judge as to whether or not good cause has been shown to entitle
Subdivider to an extension. Delay, other than delay in the commencement of work, resulting from
an act of City, act of God, by storm or inclement weather, strikes, boycotts or similar political
actions which prevent the conducting of work, which Subdivider could not have reasonably
foreseen, and furthermore were not caused by or contributed to by Subdivider, shall constitute
good cause for and extension of the time for completion. As a condition of such extension, the
Municipal Utilities and Engineering Director may require Subdivider to furnish new security
guaranteeing performance of this Agreement, as extended, in an increased amount to compensate
for any increase in construction costs as determined by the Municipal Utilities and Engineering
Director.
26. Certificate of Satisfaction. The City Manager may, upon the determination of the
Development Services Director that Subdivider has fully satisfied the obligations secured by this
Agreement, at the request of Subdivider, execute and record a Certificate of Satisfaction in the
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E\emoblgreementsUri Pointe Homes IE-SD, Inc. Subdivision Improvement Plan (Tract No. 20520) PY24-0095.doex-ms
official records of the County of San Bernardino evidencing Subdivider's compliance with, and
satisfaction of, all obligations under this Agreement. Subdivider shall be responsible for the
payment of all City costs associated with the preparation and recordation of such a certificate.
27. No Vesting of Rights. Performance by Subdivider of this agreement shall not be
construed to vest Subdivider's rights with respect to any change in any zoning or building law or
ordinance.
28. Notices. Notice or other communication required, or which may be given, pursuant
to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of
delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt
requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date
sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case properly posted
and fully prepaid to the appropriate address set forth below, or such other address as a Party may
provide notice in accordance with this section:
Notice to City: Municipal Utilities and Engineering Department Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Notice to Subdivider: Brian Ortwein, Vice President
TRI POINTE HOMES IE-SD, INC
1250 Corona Pointe Court, Suite 600
Corona, CA 92879
Such addresses may be changed by notice to the other Party given in the same manner as provided
above.
29. Severability. The provisions of this Agreement are severable. If any portion of this
Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall
remain in full force and effect unless amended or modified by mutual written consent of the Parties.
30. Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or
meaning of any provisions of this Agreement.
31. Litigation. In the event that suit is brought to enforce the terms of this Agreement,
the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees, including fees
for use of in-house counsel by a Party.
32. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated
into the terms of this Agreement.
33. Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to its subject matter. All modifications, amendments, or waivers of the terms of this
Agreement must be in writing and signed by the appropriate representatives of the Parties.
34. Interpretation. This Agreement shall be interpreted in accordance with the laws of
the State of California.
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C\emo\Agreements\Tri Pointe Homes IE-SD, Inc. Subdivision Improvement Plan (Tract No, 20520) FY24-0095,docx-ms
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.
SUBDIVIDER
TRI POINTE HOMES IE-SD, INC.,
a California corporation
By:
Bri I Ortwein, Vice President
ATTEST:
ffi�rsmwl�
(Notary attachment and proof of authorization
for all signatures required and must be attached)
CITY OF REDLANDS
By:
Charles M. Duggan, J ., Ci) Manager
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IAcmo\AgreementsUri Pointe Homes !E-SD, Inc. Subdivision Improvement Plan (Tract No. 20520) FY24-0095.docx-ms
CALIFORNIA ACKNOWLEDGEMENT
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 San Bernardino
On Tuesday, February 4, 2025 before me, Jennifer Macias, Notary Public, personally
appeared Charles M. Duggan, Jr., and Jeanne Donaldson,, who 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
capacity, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
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
�'—/Si nature f Notary Public
*MY
JENNIFERMACiAS
Notary Public - Califarnia
San Bernardino CountyCommission # 2388813
Comm. Expires Dec 31, 2025
(Seal)
Copyright O 2018 NotaryAcknowledgement.com. All Rights Reserved.
ACKNOWLEDGMENT
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 Riverside
On 01/13/2025 before me, Edelmira Gonzales / Notary Public
(insert name and title of the officer)
personally appeared Brian Ortwein
who 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.
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. EDELMIRA GONZALES
OMYCOMM.Exi
NOTARY PUBLIC-CALIFORNIA
COMMISSION#2466323
RIVERSI
. October 12, 202T
Signature , QQnf\ XA I. L24 t_LW (Seal)
EXHIBIT "A"
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO.20520
The following plans are in the office of the Municipal Utilities and
Engineering Department (MUED);
Descri tp ion
Drawing No.
No. of Sheets
Street Improvement Plans
2450-ST
05
Street Striping and Signage Plans
2450-TS
01
Street Light Plans
2450-SL
02
Storm Drain Plans
2450-SD
06
CFD Street Tree Plans
2450-TP
01
Water Improvement Plans
D-60759
02
Recycled Water Improvement Plans
NP-00112
03
Sewer Improvement Plans
F-1875
05
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
/
s/ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self- insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this Agreement.
(Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
TRI POINTE HOMES IE-SD, INC.,
a California corporation
By:
B; i Ortwein, Vice President
Date:
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