Aegis-Van Buren Housing LP Recorded in Official Records, County of San Bernardino 8/07/2018
BOB DUTTON 11:32 AM
'N° aw+i ASSESSOR — RECORDER — CLERK SAN
977 eRecording Partners Network
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C I`tit C' [�,2-� Doc# 201 8—0287098 Fees 1 Pages s 010.00
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WHEN RECORDED MAIL TO: Taxes 0.00
CA SB2 Fee 0.00
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City of Grand Terrace [11 Others
City Engineer Paid $e.ee
22795 Barton Rd
Grand Terrace,CA 92313
SPACE ABOVE LINE IS FOR RECORDER'S USE
No recording fee per Sec.6103
SUBDIVISION AGREEMENT
280 FEET; THENCE AT A RIGHT ANGLE NORTH
AND PARALLEL WITH THE WEST LINE OF SID LOT 36, 77.5 FEET;THENCE AT RIGHT ANGLE WEST
AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET TO THE POINT OF BEGINNING.
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Grand Terrace,
hereinafter referred to as "City", and Aegis-Van Buren Housing L.P., hereinafter referred to as
"Subdivider", both of whom understand as follows:
Subdivider has presented to the City for approval a final subdivision map (hereinafter
called "Map") entitled: "TTM18604"
The Map has been filed with the City Engineer of the City for presentation to the City
Council of the City for its approval, which Map is hereby referred to and incorporated herein;
Subdivider has requested approval of the map prior to the construction and completion
of improvements, including all streets, highways or public ways and public utility facilities which
are a part of, or appurtenant to, the subdivision (hereinafter called "Subdivision") designated in
the map, all in accordance with, and as required by, the plans and specifications for all or any of
said improvements in, appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of City;
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the
State of California.
NOW THEREFORE, for and in consideration of the approval of the Map and of the
acceptance of the dedications, or some thereof, and in order to insure satisfactory performance
by Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties
agree as follows:
1. EFFECTIVE DATE OF SUBDIVISION AGREEMENT. This agreement shall be effective upon
recordation by the County Recorder of the County of San Bernardino, State of California.
2. DURATION OF SUBDIVISION AGREEMENT. This Subdivision Agreement shall be valid for a
term of 2 years from the effective date, unless extended by the City Engineer of the City
of Grand Terrace.
3. SUCCESSORS TO AGREEMENT. This Agreement shall not only bind the present
Subdivider, but also his heirs, successors, executors, administrators, and assignees so that
the obligations herein run with the real property.
4. PERFORMANCE OF WORK. Subdivider will do and perform or cause to be done and
performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all under the direction and to the satisfaction of the City Engineer
of the City, all of the following work and improvements within (and/or without) the
subdivision, to wit•
nd recorded in the office of the recorder of the county or counties where the Property
is situated, the substitution instrument shall be conclusive proof of proper substitution
of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights,
powers, and duties.
Cumulative Powers and Remedies
C-5
at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
C-4
Those certain improvements designated and shown as streets, curbs, gutters,
sanitary sewers, storm sewers, water mains, fire hydrants, sidewalks and other on or offsite
improvements, and Subdivider shall also do all work and furnish all materials necessary In the
opinion of the City Engineer to complete the improvements in accordance with the plans and
specifications on file, or with any changes required or ordered by said Engineer, which in his
opinion are necessary or required to complete the work, at no cost to the City. All work shall
meet the minimum construction standards contained in the State of California Department of
Transportation's Standard Specifications, current edition, unless noted otherwise by the City.
5. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER All of said work is to be done to
the satisfaction of the City Engineer, and to the grades as shown upon the plans and
specifications on file in the office of the City Engineer.
6. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE. At least twenty-four hours
prior to the commencement of any work hereunder, Subdivider shall notify the City
Engineer in writing of the date fixed by Subdivider for commencement thereof, so that
City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, all improvements in accordance with
the plans and specifications on file as hereinbefore specified, including any changes required or
ordered by the said Engineer pursuant to a time schedule approved by the City Engineer. The
City Engineer may, from time to time, extend the schedule. The schedule shall be deemed to be
extended if any completion date is not met and there is no objection from the City Engineer. Any
such extension may be effective without notice to Subdivider surety, and no extension shall
release or modify the surety's liability on the bond to secure the faithful performance of this
agreement, or for the payment of labor and materials.
The work shall be performed in a safe and good workmanlike manner, and enough
workmen to quickly and adequately perform the work shall be employed and used. All work
must comply with State of California, Division of Industrial Safety Construction Orders, and to the
State of California Department of Transportation Standard Specifications, current edition.
Compaction shall be 95% relative compaction to a depth of 30" (30 inches below finished
pavement).
No work on any public improvement will be permitted unless performed in a safe,
workmanlike manner, and unless sufficient workmen are on the job to adequately perform the
work in that manner.
Except as approved by the Building Official in writing, all work shall be performed
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday and construction
activities shall adhere to the City's Noise Ordinance.
duties.
Cumulative Powers and Remedies
C-5
at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
C-4
Any contractor not performing as required by this agreement may, at the discretion of
the City Engineer, be barred from doing any work within the City of Colton on any subdivision or
any Public Works project for a maximum period of two years.
Subdivider shall furnish a licensed Soils Engineer to test and certify that all cuts, fills and
trench backfill conform to the requirements of the City and State Codes.
7. REPAIRS AND REPLACEMENTS. Subdivider shall replace, or have replaced, or repair or
have repaired, as the case may be, all pipes and monuments shown on the map which
have been destroyed or damaged, and Subdivider shall replace or have replaced, repair
or have repaired, as the case may be, or pay the owner, the entire cost of replacement or
repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States or any agency thereof,
or the State of California or any agency or political subdivision thereof, or by the City or
by any public or private corporation, or by any person whomsoever, or by any
combination of such owners. Any such repair or replacement shall be to the satisfaction,
and subject to the approval, of the City Engineer.
8. UTILITY DEPOSITS-STATEMENT. Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to
the effect that Subdivider has made all deposits legally required by such public utility
corporation for the connection of any and all public utilities to be supplied by such public
utility corporation within the subdivision.
9. PERMITS, COMPLIANCE WITH LAW. Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law.
10. SUPERINTENDENCE BY SUBDIVIDER. Subdivider shall give personal superintendence to
the work on said improvement, or have a competent foreman or superintendent,
satisfactory to the City Engineer, on the work at all times during progress, with authority
to act for Subdivider.
11 INSPECTION BY CITY. Subdivider shall at all times maintain property facilities, and provide
safe access for inspection by City to all parts of the work, and to the shops wherein the
work is in preparation.
12. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider shall furnish to
the City, as security for faithful performance of this agreement, a surety bond, cash
deposit or any other form of security acceptable to the City Attorney and the City
Engineer, for the following obligations:
ll adhere to the City's Noise Ordinance.
duties.
Cumulative Powers and Remedies
C-5
at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
C-4
(1) For Performance and Guarantee: an amount equal to at least one hundred
percent (100%) of the estimated cost of improvements including costs and fees incurred
by the City, plus ten percent contingency plus ten percent for projected inflation taken to
the midpoint of the job,
(2) For Labor and Materials: an amount determined by the City Engineer equal to
50% of the total estimated cost of the improvement to be performed, excluding grading
and monumentation,
(3) For Monuments: an amount determined by the City Engineer equal to 100% of
the costs of setting such monuments. The estimated cost shall include a 10%
contingency and a ten percent increase for projected inflation computed to the mid-
point of the projected construction. The security may be included with the performance
and guarantee.
13. RELEASE OF IMPROVEMENT SECURITY. Improvement security may be released upon the
final completion and acceptance of the act or work by the City Engineer; provided,
however, such release shall not apply to the amount of security deemed necessary by the
City Engineer for the guarantee and warranty period, nor to costs and reasonable
expense fees, including reasonable attorney's fees incurred by the City in enforcing this t
agreement. The Subdivider shall not be entitled to any reduction in security, except in
accordance with Subsection 14 below, until all improvements have been completed to
the satisfaction of the City Engineer.
14. PARTIAL RELEASE OF IMPROVEMENT SECURITY. A partial release of performance security
may be requested by the Subdivider by filing an application with the
Building and Safety/Public Works Department. The application shall state the amount of
work completed/accepted. The portion of the performance security, in conjunction with
acceptance of the satisfactory completion of a part of the improvements as the work
progresses, may be released upon the approval of the City Engineer. The following
conditions shall be applied to applications submitted requesting partial release of
security.
a. No release shall be considered until at least 50 percent of the improvements are
completed and accepted by the City.
b. No release shall be for an amount less than ten percent of the original total
improvement security given for performance and guarantee.
c. The substitute security (or the remaining security) shall not be less than 150 percent
of the revised estimated construction cost for the remaining required improvements.
d. The City Engineer, or his or her designated representative, is responsible for
reviewing all applications and shall determine the amount of substitute security
required in accordance with subsection 14c.
e. The original performance security may be released only upon receiving the proper
substitute security, which has been determined acceptable by the City Attorney and
the City Engineer.
portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
C-4
15. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hold City, its
elective and appointive boards, commissions, officers, agents, and employees, harmless
from any liability for damage for personal injury, including death, as well as from claims
for property damage which may arise from Subdivider or Subdivider's contractors', sub-
contractors', agents' or employees' operations under this agreement, whether such
operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by
anyone or more persons directly or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and
shall, defend City and its elective and appointive boards, commissions, officers, agents
and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations; provided as
follows:
a. That City does not, and shall not; waive any rights against Subdivider which it may
have by reason of the aforesaid hold-harmless agreement, because of the acceptance
by the City, or the deposit with City by Subdivider.
b. That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages
and claims for damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or approved of,
plans and/or specifications for the subdivision.
16. TITLE TO PUBLIC IMPROVEMENTS Title to, and ownership of, all public improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
17. REPAIR OR RECONSTRUCT OF DEFECTIVE WORK. If, within a period of one year after final
acceptance of the work performed under this agreement, any structure or part of any
structure furnished and/or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this agreement, fails to fulfill
any of.the requirements of this agreement or the specifications referred to herein,
Subdivider shall without delay and without any cost to the 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 or in accordance with this requirement,
or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, as its option, make the necessary repairs or
replacements for perform the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus twenty-five percent (25%).
18. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of Subdivider's agents or
contractors are or shall be considered to be agents of City in connection with the
performance of Subdivider's obligations under this agreement.
19. COST OF ENGINEERING AND INSPECTION. The Subdivider shall be responsible for all
costs of inspection by the City Prior to commencement of construction, the Subdivider
shall deposit with the City of Colton the estimated cost for City inspection of the work
based on an approved estimate or on the construction contract if awarded prior to filing
of the final map with the City. In addition, the Subdivider shall pay any direct City costs of
all outside inspection, including soils and materials testing, as required by the City
Engineer, promptly upon receipt of a City invoice for the work and prior to final
acceptance of the improvements by City.
No work shall be performed without inspection by the City. Any work performed
without an inspection will not be accepted by the City.
All work which requires inspection shall be performed during the City's normal
working hours and work days. If any work is performed before 8:00 a.m. and after 5:00
p.m., or on a City holiday, or on a weekend, there must be a request in writing 24 hours
in advance for an inspector during those hours, and there must be paid to the City double
the inspector's hourly cost to the City This payment will be charged against the
engineering and inspection deposit. In the event that the deposit is insufficient to pay the
costs specified herein, City shall invoice Subdivider for such additional amount, which
Subdivider shall promptly pay
If an inspector is not available to work during such hours, as requested, no work
shall be performed during those hours.
20. NOTICE OF BREACH AND DEFAULT. If Subdivider refuses or fails to obtain prosecution of
the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said
work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or
any of Subdivider's contractors, subcontractors, agents or employees, should violate any
of the provisions of this agreement, City Engineer of City Council may serve written
notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any
portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and
the improvements herein specified; provided, however, that if the surety, within five days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five days after notice to city of such election, 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 be liable to City for any excess cost or damaged occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of work and necessary thereof.
22. NOTICES. All notices herein required shall be in writing, and delivered in person or sent
by registered mail, postage paid.
Notices required to be given to City shall be addressed as follows:
City of Grand Terrace
City Engineer
22795 Barton Road
Grand Terrace, CA 92313
Notices required to be given to Subdivider shall be addressed as follows:
Aegis-Grand Terrace Housing, L. P.
22395 Barton Road, Suite 200
GRAND TERRACE, CA 92313
Notices required to be given to surety of Subdivider shall be addressed as follows:
See letter of credit
Provided that any party of the surety may change such address by notice of writing to the other
party and thereafter notices shall be addressed and transmitted to the new address.
SU DIVIDER. Aegis-Van Buren Housing, L.P.
'7 7/6 (i Date By. � =
Darryl E. Mdore, Vice President of
General Partner, Aegis Financial Group,
Inc
CITY OF GRAND TERRACE, a Municipal
Corporation
-7- IQ- /S-- Date By:
M OR OF OF GRAND TERRACE
A PP R o v eo 5 0 0 Qrn
7-VA---115.DArc
RY :
Cir ' ATTORA)E`(
Attach Notary Acknowledgement
The Foregoing Subdivision Agreement was approved by the City Council of the City of Grand
Terrace at the regular meeting held. -c 4 I (o 1.2o t'�
REACH AND DEFAULT. If Subdivider refuses or fails to obtain prosecution of
the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said
work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or
any of Subdivider's contractors, subcontractors, agents or employees, should violate any
of the provisions of this agreement, City Engineer of City Council may serve written
notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any
portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and
the improvements herein specified; provided, however, that if the surety, within five days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five days after notice to city of such election, 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 be liable to City for any excess cost or damaged occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of work and necessary thereof.
Acknowledgement
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 July 16, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Darryl E Moore who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person 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.
�� � GURPAL BAWA
WITNESS my hand and official seal. A ,,"'e, co ARK #2225859
im
t NOTARY PUBLIC-CALIFORNIA
< `! SAN BERNARDINO COUNTY
-' My Comm.Expires Jan.15,2022
2c761
(Signature) (seal)
.DArc
RY :
Cir ' ATTORA)E`(
Attach Notary Acknowledgement
The Foregoing Subdivision Agreement was approved by the City Council of the City of Grand
Terrace at the regular meeting held. -c 4 I (o 1.2o t'�
REACH AND DEFAULT. If Subdivider refuses or fails to obtain prosecution of
the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said
work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or
any of Subdivider's contractors, subcontractors, agents or employees, should violate any
of the provisions of this agreement, City Engineer of City Council may serve written
notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any
portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and
the improvements herein specified; provided, however, that if the surety, within five days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five days after notice to city of such election, 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 be liable to City for any excess cost or damaged occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of work and necessary thereof.
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 SAa) A,E,?atiAILi JIO )
On 1...4 ! ac, before me, E,e,A,A- L..Nam/4.4.5 /q- A /ma_LI Ate`
(insert name and title of the officer)
personally appeared j4,te Ma A) he),
who proved to me on the basis of satisfactory evidence to be the personV whose name 'is/arm
subscribed to the within instrument and acknowledged,to me that lae/shg/tom executed the same in
laie✓her/theic authorized capacity(ies), and that by /her/the-if signatures on the instrument the
personfA, or the entity upon behalf of which the personz) 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.
�.� DEBRA L.THOMAS
WITNESS my hand and official seal. .,, • Commission#2130209
z�q ; :a. Notary Public-California
, San Bernardino County
MZ Comm.Ettres Nov 10,2019
Signature (Seal)
g Subdivision Agreement was approved by the City Council of the City of Grand
Terrace at the regular meeting held. -c 4 I (o 1.2o t'�
REACH AND DEFAULT. If Subdivider refuses or fails to obtain prosecution of
the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said
work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or
any of Subdivider's contractors, subcontractors, agents or employees, should violate any
of the provisions of this agreement, City Engineer of City Council may serve written
notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any
portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and
the improvements herein specified; provided, however, that if the surety, within five days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five days after notice to city of such election, 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 be liable to City for any excess cost or damaged occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of work and necessary thereof.