HomeMy WebLinkAboutGreenbrier Grand Terrace, Inc.-2009-13 I,' i�: �r( - ( 3
• Recorded In Otllclal Records, County of San Bernardino 8/25/2009
,� LARRY WALKER 3:38 BGJJ PM
Auditor/Controller — Recorder
RECORDED i P Counter
REQUEST OF
Doc#: 2009-0375473 Titles: 1 Pages: 11
WHENRECORDED MAIL TO: II III B 1111111111 IIII III II PTaxes
Rmr se Leta
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City of Grand Terrace
Building and Safety
22795 Barton Road, Suite B
Grand Terrace,CA 92313 SPACE ABOVE THIS LINE FOR RECORDERS USE
No recording fee per Sec.6103
SUBDIVISION AGREEMENT
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Grand
Ten-ace, hereinafter referred to as"City", and Greenbrier Grand Terrace. Inc.
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: " TTM 17766
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:
I. 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:
Those certain improvements designated and shown as streets, curbs, gutters.
sanitary sewers, storm sewers, water mains, fire hydrants, sidewalks and other on or off-
site 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 Transportations Standard
Specifications, current edition,unless noted otherwise by the City.
2. 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.
3. 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.
The 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 City Engineer in writing, all work shall be performed
between the hours of 8:00 a.m. and 5:00 p.m.
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 Grand
Terrace on any subdivision or any Public Works project for a maximum period of two
years.
The 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider
shall furnish: (1) A surety bond, or cash deposit in an amount equal to at least one
hundred percent (100%) of the estimated cost of improvements as security for the faithful
performance of this agreement; and (2) a separate surety bond or cash deposit in an equal
amount to at least one hundred percent (100%) of the estimated cost of improvements as
security for the payment of all persons performing labor and furnishing materials in
connection with this agreement. The surety on each of said bonds, and the form thereof,
shall be satisfactory to the City Attorney. All surety bonds and cash deposits furnished in
connection with this agreement shall be held by the City and not released until sufficient
time has elapsed after completion of construction so that the City is assured that no claim
against the City in connection therewith can successfully be asserted.
10. 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 Subdividers
contractor, sub-contractor's, agents or employee? operations under this agreement,
whether such operations be by Subdivider or by any of Subdividers contractors, sub-
contractors, or by any one 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.
I I. 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.
12. 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%).
13. 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.
14. 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 Grand Terrace 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 mush 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.
15. NOTICE OF BREACH AND DEFAULT. If Subdivider refuses or fails to obtain
prosecution of the work, or any severalbe 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 Subivider'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.
16. 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.
17. 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:
PUBLIC WORKS DIRECTOR
22795 BARTON ROAD, SUITE B
GRAND TERRACE, CA 92313
Notices required to be given to Subdivider shall be addressed as follows:
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.
SUBDIVIDFJt: G ENB IER GRAND TERRACE, INC.
July 27, 2009 Date By: Walter B. Eeds,
President
Date CITY OF GRAND TERRACE, a Municipal
Corporation
7-/i cl Date
By'
MAYOR F CITY OF GRAND TERRACE
Attach Notary Acknowledgement
The foregoing Subdivision Agreement was approved by the City Council of the City of
Grand Terrace at the regular meeting held /-J G j. j I , 2009.
ATTEST:
CITY OF GRAND TERRACE CITY CLERK
ACKNOWLEDGMENT
State of California
County of an st'nz -ti-0 )
•
On — / -O`] before me, Sc3frnCta /)9 C5R�[1.1�an�( �t�.Y)- .
(insert name and title of the officer)
personally appeared- nr-1 A C4i 4cl- FR�rf-
who proved to me on the basis of satisfactory evidence to be the person(e)whose name(a) 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(e), 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.
Sige*Nh Q
WITNESS my hand and official seal.` Commission • 17�ob .
j .Y '. Notary Public •California
\1 n% ten MrnaWno County
77 M/Canli en.MN.7a1
Signatures vp:� ___ (Seal) �(
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On Saki 4102_00 . 2009, before me, Jenny Cunningham, Notary Public,
personally appeared Walter B. Eeds, 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.
WITNESS my hand and official seal.
Signature /y{,i/