HomeMy WebLinkAbout74-23RESOLUTION 74-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT ACCEPTING ROADWAY RIGHT-OF-WAY EASEMENT
DEDICATION FOR LANDS OF AUQUI AND PUTNAM AT 27600 ALTAMONT ROAD
WITH CERTAIN CONDITIONS OF APPROVAL FOR RECORDATION
WHEREAS, the City Council approved a Tentative Parcel Map ("Tentative Map") for a two -lot
subdivision of the 2.2 -acre property at 27600 Altamont Road (APN 182-028-026) ("Property") for
subdivision applicants Carlos G. Auqui and Robert L. Putnam (collectively "Subdivider") on
November 17, 2022 via Resolution No. 113-22; and
WHEREAS, the Tentative Map includes Conditions of Approval to be completed by the
Subdivider prior to final parcel map recordation, and the Subdivider has now requested the Town
to approve a Final Parcel Map ("Final Map") along with certain right-of-way easement dedications
and subdivision improvement agreement; and
WHEREAS, the City Engineer has examined the proposed Final Map with a roadway right-of-
way easement entitled "A TWO LOT SUBDIVISION CONSISTING OF THREE (3) SHEETS
BEING A SUBDIVISION OF LOT 2 AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP
ENTITLED "TRACT NO. 4713" FILED AUGUST 8, 1962 IN THE OFFICE OF THE COUNTY
RECORDER OF SANTA CLARA COUNTY IN BOOK 257 OF MAPS AT PAGE 40" and has
determined that the said final Parcel Map is in general conformity with the requirements of Chapter
1 entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code, and the provisions of
the Subdivision Map Act, subject to the Subdivider fulfilling its obligation under Condition of
Approval No. 15 ("Condition No. 15") for the Tentative Map pursuant to Resolution No. 113-22;
and
WHEREAS, specifically, Condition No. 15 requires "All existing structures located within the
building setback lines shall be removed prior to recordation of the Final Map", and the
Subdivider's existing residence is currently located within the new building setback lines of the
Tentative Map and straddles the resulting lots, which residence must be demolished or removed
from said setback and lot line areas; and
WHEREAS, the subdivision applicant has substantially completed all conditions imposed for the
Tentative Map except for Condition No. 15, and has agreed to enter into a deferred demolition
agreement with the Town to fulfill Condition No. 15 and to memorialize that the Final Map may
not be recorded and the new lots may not be sold or conveyed until the existing residence has been
demolished or removed from the setback and lot line areas; and
WHEREAS, staff recommends that the City Council approve the Final Map, accept the roadway
easement dedication with the parcel map, and approve the Subdivision Improvement Agreement,
subject to a condition of approval consisting of the following: (1) the applicant and Town execute
a Deferred Demotion Agreement within 30 days from approval of the Final Map to set a time
certain for the demolition of existing structures within proposed setback area and lot lines as
approved in the Tentative Map; (2) that said agreement be recorded against the Property and shall
Resolution 74-23 Page I
be released by the Town at which time all said required demolition work has been completed; (3)
that the Final Map not be recorded, nor resulting new lots be sold or conveyed, until all existing
structures straddling the lot line or that encroach into the setbacks as approved in the Tentative
Map have been demolished to be out of the lot line/setback areas; and (4) should the Subdivider
submit a site development application for the new lots prior to recordation of the Final Map, such
application shall not be deemed complete nor shall a public hearing be scheduled for the
application until the Final Map has been recorded;
WHEREAS, for the avoidance of any doubt and pursuant to agreement with the Subdivider, it is
further recommended that the City Council modify Condition No. 15 to state that "the final parcel
map cannot be recorded until all structures that encroach into the setbacks on the approved
tentative map are demolished."; and
WHEREAS, pursuant to a duly noticed public meeting on August 17, 2023, the City Council has
reviewed and considered the Final Map, Subdivision Improvement Agreement, right-of-way
easement dedication, and proposed condition of approval relating to Condition No. 15 and the
foregoing, and considered all other evidence, testimony and public comments presented to it and
in the record below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
as follows:
1. Approve the above-described Final Parcel Map and Subdivision Improvement
Agreement as attached in Attachments 2 and 3, respectively, to the staff report and accept
all easements offered for dedication to public use in conformity with the terms of the
dedication offer designated on the Final Map for the Lands of Auqui and Putnam at 27600
Altamont Road, subject to the following conditions of approval:
a. Within thirty (30) days from the approval of the Final Map, the
applicant/Subdivider shall execute a Deferred Demolition Agreement in a form
approved by the City Engineer and City Attorney, to require demolition of
existing structures within proposed setback area and lot lines as approved in the
Tentative Map within a time certain;
b. The Deferred Demolition Agreement shall be recorded against the Property and
shall be released by the Town at which time all said required demolition work has
been completed;
c. The Final Map shall not be recorded, nor shall resulting new lots be sold or
conveyed, until all existing structures straddling the lot line or that encroach into
the setbacks as approved in the Tentative Map have been demolished to be out of
the lot line/setback areas; and
d. In the event that the applicant/Subdivider submits a site development application
for the newly created lots prior to the recordation of the Final Map, such
application shall not be determined complete, nor shall a public hearing be
scheduled for the application until the Final Map has been recorded.
Resolution 74-23 , Page 2
2. Authorize the City Manager to execute the Subdivision Improvement Agreement in
substantially the same form as that in Attachment 3 and the Deferred Demolition
Agreement in a form and substance approved by the City Engineer and City Attorney.
3. Modify Condition of Approval No. 15 ("Condition No. 15") for the Tentative Map
pursuant to Resolution No. 113-22 shall to read as follows: "The parcel map shall not be
recorded until all structures that encroach into the setbacks on the approved tentative
map are demolished. "
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 17th day of August 2023 by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Deborah L. Padovan, City Clerk
By:
Linda G. Swan, Mayor
Resolution 74-23 Page 3
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Attachment 3
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
SUBDIVISION IMPROVEMENTS AGREEMENT
BETWEEN TOWN OF LOS ALTOS HILLS AND
CARLOS G. AUQUI AND ROBERT L. PUTNAM
TWO -LOT SUBDIVISION (27600 ALTAMONT ROAD)
THIS AGREEMENT dated , 2023, is by and between the Town
of Los Altos Hills, a municipal corporation, hereinafter designated "Town," and Carlos G.
Auqui and Robert L. Putnam, hereinafter collectively designated "Subdivider." Town and
Subdivider are sometimes individually referred to as a "party" and collectively as "parties".
RECITALS
1. Subdivider is the owner of certain real property consisting of approximately
2.20 acres in the Town of Los Altos Hills, County of Santa Clara, as more particularly
described in Exhibit A attached hereto ("Property"); and
2. the City Council of the Town of Los Altos Hills on November 17, 2022,
adopted Resolution No. 113-22 approving a tentative map which will subdivided the
Property, subject to certain conditions of approval ("Conditions of Approval'); and
3. pursuant to the Los Altos Hills Municipal Code and Condition No. 11 of the
Conditions of Approval, is required and now proposes to construct various improvements
in and adjacent to the Property, all in accordance with, and as required by, the plans and
specifications for all or any of the improvements in, appurtenant to, or outside the limits
of the Subdivision, which plans and specifications are described in Exhibit B attached to
and incorporated herein, hereinafter "plans" and are now on file in the Office of the City
Engineer of the Town (collectively, the "Improvements")
4. Subdivider has presented to Town for approval final maps, hereinafter
designated "maps," entitled "A Two Lot Subdivision Consisting of Three (3) Sheets Being
Resolution 74-23 Page 7
a Subdivision of 2 As Said Lot Is Shown Upon That Certain Map Entitled "Tract No. 4713"
Filed August 8, 1962 In The Office of The County Recorder of Santa Clara County in Book
257 of Maps at Page 40" ("Project" or "final map"); and
5. Subdivider has requested approval of the maps prior to the construction and
completion of the Improvements, the Subdivision designated in the maps, all in
accordance with, and as required by, the plans and specifications in Exhibit B; and
4. the City Council of the Town of Los Altos Hills on , _,_adopted
Resolution No. approving the final map and accepting the dedications therein
offered for right-of-way easement, except for those dedicated to other agencies, persons,
partnerships, associations or corporations, on the condition that Subdivider first enter into
and execute this Agreement with Town and meet the requirements of the Resolution; and
5. this Agreement is executed pursuant to the provisions of the Subdivision
Map Act of the State of California and Title 9 of the Los Altos Hills Municipal Code; and
NOW, THEREFORE, for and in consideration of the approval of the maps and of
the acceptance of the dedications of right-of-way easement, excepting those dedicated
to other agencies, and in order to ensure satisfactory performance by Subdivider and
Subdivider's obligations under the Subdivision Map Act and Title 9 of the Los Altos Hills
Municipal Code, the parties agree as follows:
AGREEMENT
Performance of Work
Subdivider shall, at its sole cost and expense, furnish or cause to be furnished, all labor
supplies, equipment and materials, and do or cause to be done, in a good and
workmanlike manner all of the improvements within and/or without and subdivision work
described in Exhibit B attached and incorporated (Improvements"). The cost of such
Improvements and required items of work is estimated to be Sixty thousand Dollars and
Zero Cents ($ 60,000.00). Subdivider shall also do all the work and shall, at its sole cost
and expense, 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 the City Engineer.
2. Places and Grades to be Fixed by City Engineer
All of the work for the Improvements is to be done at the places, and with the
necessary materials, in the manner and at the grades shown on the plans previously
approved by the City Engineer and now on file in his office. All work shall be done to the
satisfaction of the City Engineer.
3. Time for Commencement and Performance
Resolution 74-23 Page 8
Town hereby fixes the time for the commencement of the Improvements on or
before ("the Commencement Date"), and for its completion to be within
one (1) year thereafter. At least fifteen (15) calendar days prior to the commencement of
work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed for
commencement thereof, so that the City Engineer shall be able to provide inspection
services.
4. Time of Essence - Extension
Time is of the essence in this Agreement, provided that in the event good cause is
shown, the City Engineer may extend the time for completion of the Improvements
hereunder. Any such extension may be granted without notice to Subdivider's sureties,
and extensions so granted without notice to the Subdivider's sureties shall not relieve the
sureties' liability on the bonds to secure the faithful performance of this Agreement and
to assure payment of all persons performing labor and materials in connection with this
Agreement. The City Engineer shall be the sole and final judge as to whether or not good
cause has been shown to entitle Subdivider to an extension.
5. Repairs and Replacements
Subdivider shall replace or have replaced, or repair or have repaired, or pay to the
owner the entire cost of replacement or repairs, all public improvements, public utility
facilities, pipes, surveying or subdivision monuments, and any and all other property
which are destroyed or damaged in the performance of, or by reason of, the
Improvements done pursuant to this Agreement, and Subdivider shall bear the entire cost
of all such replacement or repairs, or shall have paid to the owner the entire cost of such
replacement or repairs, whether such property be owned by the United States or any
agency thereof, by the State of California, or any agency or political subdivision thereof,
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 or the corporation, person
or agency.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, on or before the Commencement Date, 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.
7. Permits, Compliance with Law
Subdivider shall, at Subdivider's sole cost and expense, obtain all necessary
permits and licenses for the construction of the Improvements, give all necessary notices
and pay all fees and taxes required by law.
�
Resolution 7-23 Page 9
8. Superintendence by Subdivider
Subdivider shall personally supervise the work on the Improvements, or have a
construction contractor, competent foreman or superintendent on the work site at all times
during construction, with authority to act for Subdivider. Subdivider shall obtain the
approval of the City Engineer before using a construction contractor, competent foreman
or superintendent to supervise work on the Improvements. Prior to granting approval, the
City Engineer shall determine that said construction contractor, competent foreman or
superintendent to supervise is qualified to perform such duties.
9. Inspection by Town
Subdivider shall at all times maintain proper facilities, and shall provide safe
access, for inspection by Town, to all parts of the work and to the shops wherein the work
is in preparation.
10. Contract Securitv
(a) Concurrently with the execution hereof, Subdivider shall furnish: (1) a surety
bond in an amount equal to at least one hundred percent (100%) of the estimated cost of
the construction and completion of the Improvements, as security for the faithful
performance of this Agreement; and (2) a separate surety bond in an amount equal to at
least one hundred percent (100%) of the estimated cost of the construction and
completion of the Improvements as security for the payment of all persons performing
labor and providing materials in connection with this Agreement. Subdivider shall require
all subcontractors to file a labor and materials. corporate surety bond as security for
payment of all persons furnishing labor and materials in connection with this Agreement
(b) The Subdivider may fulfill the requirements of subsection (a) of this section
by providing a Standby Irrevocable Letter of Credit in favor of the Town and in a form
approved by the City Attorney.
(c) Subdivider may satisfy the requirements of this section by depositing cash
with the Town.
11. Hold Harmless Agreement
(a) Subdivider shall hold harmless, indemnify and, at the Town's request,
defend Town (with Counsel selected by Town), its officers, employees, agents, boards
and commissions, whether elected or appointed, from and against all claims, demands,
actions, causes of action, losses, damages, liabilities, costs and expenses, including but
not limited to reasonable attorney's fees or obligations, for or in connection with personal
injury (including, but not limited to, death) or damage to property (both real and personal)
which arises out of or is in any way connected with the negligent act, error or omission of
Subdivider, its agents, contractors, subcontractors, or employees in connection with the
Resolution 74-23 Page 10
performance of this Agreement.
(b) In order to make certain that Subdivider has adequate resources to fully
carry out its responsibilities pursuant to subparagraph (a) above, Subdivider shall file with
the Town proof that Subdivider's professional consultants (including any soils engineer or
civil engineer) employed by Subdivider in connection with the Improvements, maintain
professional liability (e.g. errors and omissions) insurance during the life of this
Agreement. If the work is accomplished by contractors or subcontractors, Subdivider
shall ensure that the contractors and/or subcontractors carry such insurance. The
insurance shall be in an amount of not less than Two Million Five Hundred Thousand
Dollars ($2,500,000), shall contain a provision that such insurance shall not be reduced
or canceled except upon thirty (30) days written notice to Town and shall be subject to
the approval of the City Attorney as to form, amount and carrier.
(c) The foregoing hold harmless statement of Subdivider shall apply to all
damages and claims for damages of every kind suffered or alleged to have been suffered
by reason of the construction operations undertaken pursuant to this Agreement,
regardless of whether or not Town has approved the plans or specifications for the
Improvements, and regardless of whether or not such insurance policies have been
determined to be applicable to any such damages or claims for damages.
12. Environmental Warranty. Prior to Town's acceptance of dedications or
Improvements, Subdivider shall certify and warrant that:
(a) The Project, Improvements and Subdivider are not in violation of any
environmental law, and neither are subject to any existing, pending, or threatened
investigation by any federal, state or local governmental authority under or in connection
with any environmental law;
(b) Neither Subdivider nor any third party will use, generate, manufacture,
produce, or release, on, or under the Property, any hazardous substance, except in
compliance with all applicable environmental laws; and
(c) Subdivider has not caused or permitted the release of, and has no
knowledge of the release or presence of, hazardous substance(s) on the Property or the
migration of any hazardous substance from or to any other property adjacent to, or in the
vicinity of, the Property.
13. Subdivider's Insurance
Subdivider shall not commence work under this Agreement until Subdivider has
obtained all insurance required under this paragraph, and such insurance has been
approved by the City Attorney as to form, amount and carrier, nor shall Subdivider allow
any contractor or subcontractor to commence work until all similar insurance required of
the contractor or subcontractor has been so obtained and approved. All requirements
shall appear either in the body of the insurance policy or in endorsements and shall
Resolution 74-23 Page II
specifically bind the insurance carrier.
Subdivider shall take out and maintain during the life of this Agreement the
following policies of insurance:
(a) Worker's Compensation and Employers' Liability Insurance in the statutory
coverage. In signing this Agreement, Subdivider makes the following certification:
"I am aware of the provisions of Section 3700 of the California
Labor Code which requires every employer to be insured
against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of the Code,
and I will comply with such provisions before commencing the
performance of the work of this Agreement."
(b) Commercial General Liability Insurance: In an amount not less than ONE
MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any
one person and subject to the same limit for each person; in an amount not less than
TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence for bodily
injury, personal injury and property damage.
(c) Automobile Liability (Code 1) Insurance: In an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and
property damage.
(d) Contractual Liability Insurance: Subdivider shall take out and maintain
during the life of this Agreement an insurance policy in the amount of at least TWO
MILLION DOLLARS ($2,000,000), insuring Subdivider against damages sustained as a
result of any action or actions at law or in equity, any claims or demands brought as a
result of any breach or alleged breach of any contract, or provisions thereof, and/or as a
result of any contractual liability, or alleged contractual liability arising out of any contract
entered into by Subdivider and/or any of its agents or employees in order to perform the
work for the Improvements.
(e) It is agreed that the insurance required by Subsections (b), (c) and (d) shall
be in an aggregate amount of not less than Five Million Dollars ($5,000,000) and shall be
extended to include as additional insureds the Town of Los Altos Hills, its elective and
appointive boards, officers, agents, employees and volunteers, with respect to operations
performed by the Subdivider as described herein. Evidence of the insurance described
above shall be provided to the Town upon execution of this Agreement and shall be
subject to approval by the City Attorney as to form, amount and carrier. The policy of
insurance shall also contain a provision indicating that such insurance shall not be
reduced or canceled except upon thirty (30) days written notice to the Town. In addition,
the following endorsement shall be made on the policy of insurance:
"Notwithstanding any other provisions in this policy, the
Resolution 74-23 Page 12
insurance afforded hereunder to the Town of Los Altos Hills
shall be primary as to any other insurance or reinsurance
covering or available to the Town of Los Altos Hills, and such
other insurance or reinsurance shall not be required to
contribute to any liability or loss until and unless the
approximate limit of liability afforded hereunder is exhausted."
14. Evidence of Insurance
Subdivider shall furnish Town concurrently with the execution hereof, satisfactory
evidence of the insurance required and evidence that each carrier is required to give
Town at least thirty (30) days prior notice of the cancellation or reduction in coverage of
any policy during the effective period of this Agreement.
15. Title to Improvements
Title to, and ownership of, Improvements constructed hereunder by Subdivider
shall vest absolutely in Town, or to such other public agencies, persons, partnerships,
associations or corporations to which dedications of easements were made or reserved
upon the completion and acceptance of such Improvements by Town or the agency,
person, partnership, association or corporation.
16. Repair or Reconstruction of Defective Work
If, within a period of one (1) year after final acceptance of the Improvements, 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 Improvements, fails to fulfill any
of the requirements of this Agreement or the specifications referred to herein, or proves
to be defective or become damaged because of differential settlement, action of the
elements, or ordinary usage, except for catastrophic events, Subdivider shall without
delay and without any cost to Town 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, Town may,
at its option, make the necessary repairs or replacements.or perform the necessary work,
and Subdivider shall pay to Town the actual cost of such repair plus fifteen (15%) percent.
Subdivider shall at the time of acceptance of the Improvements by Town or other public
agency, provide the Town with a corporate surety bond in the principal sum of ten percent
(10%) of the estimated cost of construction and completion of the Improvements to secure
the undertaking and obligations set forth in this provision.
17. Subdivider not Agent of Town
Neither Subdivider nor any of Subdivider's agents or contractors shall be
considered agents of Town in connection with the performance of Subdivider's obligations
Resolution 74-23 Page 13
under this Agreement.
18. Cost of Engineerinq and Inspection
Subdivider shall pay Town the actual cost to Town for all inspections and other
services furnished by Town in connection with the construction of the Improvements.
Town shall furnish periodic statements of all charges for services performed by Town,
and Subdivider shall complete payment of such charges within ten (10) days after receipt
thereof. Payment'of all invoices by Subdivider shall be a condition of Town accepting the
Improvements to be constructed hereunder.
19. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work for the
Improvements, 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 the work within such time, or if the Subdivider should be adjudged as
bankrupt, or if 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 the Agreement, the City Engineer or
City Manager may serve written notice upon Subdivider and Subdivider's sureties of
breach of this Agreement, or of any portion thereof, and default of Subdivider.
20. Breach of Agreement; Performance by Sureties or Town
In the event of such notice, Subdivider's sureties shall have the duty to take over
the work and complete the Improvements; provided, however, that if the sureties, within
five (5) days after being served notice of such breach, do not give Town written notice of
their intention to take over the performance of the Agreement, and do not commence
performance thereof within five (5) days after notice to the Town of such election, Town
may take over the Improvements and prosecute the same to completion, by contract or
by any other method Town may deem advisable, for the account and at the expense of
Subdivider, and Subdivider's sureties shall be liable to Town for any excess cost or
damages occasioned by Town; and, in such event, Town, without liability for so doing,
may take possession of, and use in completing the Improvements, such materials,
appliances, plant and other property belonging to Subdivider as may be on site of the
Improvements and necessary therefor.
21. Erosion Control
If applicable, Subdivider shall furnish landscape plans and adequately provide for
erosion control. Landscaping and irrigation improvements shall be installed to the
satisfaction of the Town's City Engineer or designee.
Resolution 74-23 Page 14
22. Trenching and Backfilling
Subdivider shall require that all trenching and backfilling within and outside the
property lines for utility lines, including sanitary, storm, water and any other purposes,
shall be done under the inspection of a soils engineer who shall test the trenching and
backfilling with a sufficient number of soil tests to secure the proper compaction.
Subdivider shall further require that a certificate be filed with the Town stating that said
trenching and backfilling has been performed in accordance with the soils engineer's
recommendations.
23. Notices
All notices herein required shall be in writing, and delivered in person or sent by
certified mail, postage prepaid. Notices required to be given to Town shall be addressed
as follows:
City Clerk
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Notices required to be given to Subdivider shall be addressed as follows:
Notices required to be given to sureties of Subdivider shall be addressed as
follows:
Any party may change such address by notice in writing to the other party and thereafter
notices shall be addressed and transmitted to the new address.
24. As -Built Drawings
Subdivider shall furnish Town reproducible plastic film as -built drawings of the
Improvements of a quality acceptable to the City Engineer together with a certification by
Subdivider's engineer that the Improvements have been constructed in accordance with
the approved plans and specifications. Subdivider shall furnish Town with the as -built
drawings concurrently with Subdivider's request for acceptance of the Improvements by
the Town.
Resolution 74-23 Page 15
25. Parties Obligated; Assignment.
Subdivider agrees that this Agreement shall bind Subdivider and Subdivider's
successors in interest, heirs and assigns. Subdivider may not transfer or assign this
Agreement to third parties without the Town's prior written consent.
26. Attorneys' Fees
If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be
entitled to reasonable attorneys' fees in addition to any other relief to which that party may
be entitled. The court may set such fees in the same action or in a separate action brought
for that purpose.
27. Governing Law
The laws of the State of California shall govern this Agreement.
28. Severabilitv
If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
29. Release.
This Agreement pertains to and shall run with the Property. Upon execution, this
Agreement shall be recorded in the Official Records of Santa Clara County. After
acceptance of the Improvements and completion of the one (1) year maintenance period
in Section 16, the Town shall within sixty (60) days thereafter record a release of this
Agreement in the Official Records of Santa Clara County,
30. Entire Agreement; Counterparts.
The terms and conditions of this Agreement constitute the entire agreement
between Town and Subdivider with respect to the matters addressed in this Agreement.
This Agreement may not be altered, amended or modified without the written consent of
all parties hereto. This Agreement may be executed in any number of counterparts which
together shall constitute the contract of the Parties.
io
Resolution 74-23 Page 16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
TOWN OF LOS ALTOS HILLS SUBDIVIDERS
City Manager
By:
Carl G. Auqui
By:
Putnam
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
5387962.1
See Attached Certificate
11
Resolution 74-23 Page 17
CALIFORNIA ACKNOWLEDGMENT
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 1 Y
County of Jr i r `
On Qq- .C.� �� before me, V �(� (�,� L.�wr ML, Z eL I
Date Here Insert Name and Title of the Officer
personally appeared 1004UU14u^
Name(s) of Signer(s)
CACI 0S 67 14 LA Wk i
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
SHAD SWEILEM _ laws of the State of California that the foregoing
_ Notary U'tic-Cattfomia = paragraph is true and correct.
Santa Clara County a '
Commission # 2338
My Comm. ExpiresNav 23:2J024 WITNESS my hand and official seal.
Signature
Place Notary Sea! and/or Stamp Above Signature of Notary Public
yr w��rti
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:,,11 4j`StW -&A=&M -71 5 fij7UtMEAT
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other -
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Resolution 74-23 Page 18
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