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HomeMy WebLinkAbout04-97 di Mir RESOLUTION NO. 4-97 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS APPROVING THE SUBDIVISION REIMBURSEMENT AGREEMENT RELATED TO THE DEER CREEK SUBDIVISION OF LANDS OF LINDY PROPERTIES WHEREAS, the City Council of the Town of Los Altos Hills approved a parcel map for lands of Lindy Properties on May 15, 1996, which parcel map was recorded at Book 679 of Maps,pages 46 and 47, in the Official Records of Santa Clara County; and WHEREAS, the improvements described in the Subdivision Improvement Agreement entered into between the Town and the Owner were accepted by the Town as substantially complete on December 4, 1996; and WHEREAS, the City Council has read and considered that certain Reimbursement Agreement between the Town and the Developer; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: 1. The Town shall enter into and the Mayor is hereby authorized and directed to execute the above-described Reimbursement Agreement. PASSED AND ADOPTED this 15th day of January 1997. By: . Mayor ATTEST: City Clerk ID r CONFORMED COPY: This document has not been compared with the original SANTA CLARA COUNTY RECO'DER Doc#: 13658874 4/02/1997 11 :25 AM WHEN RECORDED MAIL TO: Lindy Properties I 12280 Saratoga-Sunnyvale Road, #101 Saratoga, CA 95070 REIMBURSEMENT AGREEMENT This Reimbursement Agreement("Agreement") is entered into this 15thday of January , 1997,by and between the TOWN of Los Altos Hills, a municipal corporation of the State of California ("TOWN") and Lindy Properties I, a California Limited Partnership ("DEVELOPER") RECITALS: A. DEVELOPER is in the process .of bridge construction and right of way improvements`within the corporate limits of the TOWN and within Samuel,Lane as shown upon that certain Parcel:Map,which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on July 19, 1996 in Book 679 of Maps, at pages 46 and 47, and as shown upon the Plan for the Improvement of Samuel Lane dated November 14,1996 ("Samuel Lane"). B. After due consideration of all relevant factors such as the location and nature of Samuel Lane, the area to be served by Samuel Lane and the developable areas potentially served by Samuel Lane, the City Engineer has found and determined, after proper application by DEVELOPER, that Samuel Lane will benefit not only the lands of DEVELOPER, but also other lands which may be served by Samuel Lane at a future date. The lands which may be served by Samuel Lane at a future date are more particularly described as Parcel 2 as shown on that certain Record of Survey filed on October. 31, 1960 at the'office of the Recorder of the County of Santa Clara, State of:California, in Book 127-of Maps, at page 4 ("Future User" ' " C. TOWN and DEVELOPER now desire, to provide for reimbursement ("Cost Reimbursement") to DEVELOPER of a proration of the costs of constructing Samuel Lane to benefit both the Lands of DEVELOPER and the Lands of Future User, more particularly described in Exhibit A attached hereto ("Costs of Samuel Lane"). 1 of 4 • • AGREEMENT Now, therefore, for good and valuable consideration, the receipt acknowledged, the parties herebyagree of which is hereby g as follows: 1. From and after the date of this Agreement, the Reimbursement from the Future User as a condition of approval of a will collect mapa Cost subdivision of the Lands of Future tentative User. for a 2. The Costs of Samuel Lane shall include, but are not limited to, Construction Material and Labor costs, Engineering and Survey costs and TOWN Plan Check and Inspection Fees. The Costs of Samuel Lane, as approved by the TOWN N Engineer are. One Hundred and Eighty-two Thousand Seven Hundred and Eighty ($182;780.00): g ty Dollars 3. The Cost Reimbursement collected in connection with this proration of the Costs of Samuel Lane based upon the number ofgapprovdreement�is into a which the Lands of Future User may be subdivieded into which the Lands of DEVELOPER and the Lands of Future Usetotal m number subof divided.Lots y be subdivided. 4. TOWN shall pay to DEVELOPER, within thirty (30) calendar days of re funds collectedin connection with this A Y ceipt, any greement, not including administrative fees. 5. TOWN shall make the check payable to Lindy Properties I checks do Mr. Shannon D. Paboo ian. and shall send such Road, Suite 101, Saratoga, CA 95070. Lindy Properties, 12280 Saratoga-Sunnyvale 6. All regulations and applicable ordinances of TOWN shall and to the performance hereunder. aPP1Y to this Agreement 7. If by decision of a court of competent jurisdiction byor Californiadeclared or become unlawful or unconstitutional.to require toreU law it reimburse be DEVELOPER for Samuel Lane, then this Agreemenshall automatically rtinate and DEVELOPER shall indemnify and hold TOWN harmless from anyY lerniny t ane Future User who has paid the funds to be served by Samuel Lane. claims or liability to the 8. In the event of a dispute between the Future User and the the payment of the funds, the TOWN TOWN with respect to against such Future User to collect the funds; provided,thowever,Yppropriate action TOWN is obligation to take any action whatsoever against the Future User to collect the er Cono st st Reimbursement. Developer shall hold the TOWN harmless for any failure b the T to collect the Cost Reimbursement from the Future User, and TOWN shally OWN Developer for any sums not collected by TOWN under this A ree not be liable to g ment. 2of4 • • • 9. Nothing in this Agreement shall be g construed as imposing obligation g any upon the General Fund of TOWN, nor as imposing any obligation upon TOWN to make any payments whatever to DEVELOPER, except to the extent funds are actually received and collected by TOWN pursuant to this Agreement. 10. This Agreement, and the obligations of TOWN hereunder, whether or not any or all funds have been collected and remitted to DEVELOPER hereunder, shall terminate on the tenth (10th) anniversary of the date of execution of this Agreement. 11. Prior to remitting any funds to DEVELOPER, TOWN shall be entitled to deduct an administrative fee in the amount of Two Hundred Dollars ($200.00) from the Cost Reimbursement to pay the costs incurred by TOWN in connection with the administration of this Agreement. 12. Prior to execution of the Agreement by the TOWN, DEVELOPER shall pay all legal fees and costs incurred by the TOWN in connection with preparing this Agreement. 13. This Agreement shall accrue and inure to the benefit of DEVELOPER and shall survive the transfer of title to any or all Lots by DEVELOPER. This Agreement does not run with the land. 14. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto, but DEVELOPER shall not assign any rights under this Agreement without the prior written consent of the TOWN, which consent shall not be unreasonably withheld. 15. The exhibit attached hereto is hereby incorporated into this Agreement by this reference. 16. This Agreement, together with the Exhibit attached hereto, constitutes the entire agreement made between the parties and may not be modified orally or in any manner other than by an agreement in writing signed by all parties hereto or their respective successors in interest. 3of4 • • • The parties hereto have executed this Agreement effective as of the date written above. TOWN Town of Los Altos Hills, A municipal corporation of the . /, State of Califo ' / ./. _ MAYOR Attest: By: -=-__ CITY CLERK Approved As to Form: By: CITY`• TTORNEY: DEVELOPER Lindy Properties I, a Cal h .rnia Limited P. 151,1 , . `---- Dennis D. Paboojian / eneral Partner , By: �/ Karen J.Pa,I ojian,Gener. Partner 4of4 s • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT lrl .��lllllJ-/lJIll�llll�l�...lit/lel„'^llt�Ill�ll�^1./1,lllff�l/lll....�ll.�.11llll1 `1 �, 1 State of � 1.�D ry1 i 0 c� County of ,aa'lta CA ar& On Varch (LJ ( 7 before me, Su zan ne.Da v is.i F(1�( c. Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 0 personally appeared Sid }-ktbb a.rd 01 Name(s)of Signer(s) 0 ,personally known to me– 11' L _ _ _ --- . -- ___.- e __ ._ -- -t- •• __ _- to be the personp5) whose name fe,afe subscribed to the within instrument 0 and acknowledged to me tha ht�sbefthey executed the 1 same i is Iaer1tb if authorized capacity(ics), and that by 0 is heeif signature( on the instrument the person, 0 0 SUZANNE DAVIS or-the entity upon-behalfof.'which the person(s)) acted, - ,�.• 'Commission#1051074- z 1 a z executed the instrument. 1 z Notary Public—California z t ',r Santa Clara County • My comm:Expires Dec-17,199? WITNESS my hand and official seal. 0 .. Signature of Notary Public L 0 . - - OPTIONAL . o ll Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent �til , fraudulent removal and reattachment of this form to another document. ttt111 ll o Description of Attached Document tills Title.or Typeof Document: 'c' i mb s2tn'1e A r'ee.j'rJeXit ' s� `DeeCr'e2 � lil.bUd i visiO n 0 Document Date: nO d e, Number of Pages: 7 Signer(s) Other Than Named Above: -e IntS `PolbCOi v ' tan � . �e oo 1 T boo 1 1,541Capacity(ies ) Claimed by Signer(s) 1 Signer's Name: Sid HL(bbeCd Signer's Name: ❑ Individual ❑ Individual • ❑ Corporate Officer ❑ Corporate Officer 0 Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited 0-Ge --ral ❑ Attorney-in-Fact ❑ Attorney-in-Fact 0k Trustee ❑ Trustee ❑ Guardian or Conservator RIGHT THUMBPRINT . RIGHT THUMBPRINT l OF SIGNER ❑ Guardian or Conse -tor OF SIGNER ' • p Other: t/1A�/o1'- Top of thumb here ❑ Other: . Top of thumb here 1 I 7 Signer Is Representing: Signer Is 'e resenting: Tn oP Los . ti0 0 Al-k-mss 4-kilos k!l�llJllflltJ-,/.�llllll./�II_/�till./11llltlll./1fll.If.�llJllltlllJl.�lllfflllf ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 -' Reorder:Call Toll-Free 1-800-876-6827 • • • . . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 r ./lJ111./llllllll/l/ltll1l/lll�ll�llllll./lJlllll�111./Il./lIJ'lllrllll1 1 % State of California 0 lj County of Santa Clara ttlt t0 ` 1 Ruth A. Taketa, l On January 6, 1997 before me, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" 0. \ personally appeared Dennis Pabooj ian and Karen Pabooj ian 0 NAME(S)OF SIGNER(S) \1 .I personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence g ' to be the person(s) whose name(s)-ts,Lare g subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in F their authorized capacity(ies), and that by -Iti-s/her/their • 0 signature(s) on the instrument the person(s), or the entity upon behalf of which the S person(s) acted, executed the instrument. RUTH A.TAKETA WITNESS my hand and official seal. o COMM.#1045153 Z 0 Z --#em''. NSA TPublic—California A CLARA COUNTY 1 0 1 My Comm.tARA FEB 3,19994 8 SIGNATURE OF NOTARY 0 0 OPTIONAL� ll1 t1 Though the data below isnot required by law, it may prove valuable to persons relying on the document and could prevent `1� 1 . fraudulent reattachment of this form. Ll CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 11 11 ❑ INDIVIDUAL ❑ CORPORATE OFFICER 0` Deer Creek Reimbursement Agreement l0 1 TITLE(S) TITLE OR TYPE OF DOCUMENT ,1 11 x❑ PARTNER(S) ❑ LIMITED Six (6) l 1 EGENERAL 8 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES l` ❑ TRUSTEE(S) t1 kEll GUARDIAN/CONSERVATOR 11 ❑ OTHER: l 1 DATE OF DOCUMENT 1 • ti • 1 SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • 1Lindy Properties I, a California SIGNER(S)OTHER THAN NAMED ABOVE Limited Partnership �Jlll�l./l�llllJlflll �l/./J1.�/lllll✓lJl-"ss �1�1.�.//1�.,�/lll�fflll ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • EXHIBIT A Costs of Samuel Lane (1.) Public Storm System (Precision Pipeline) $6,750 o Connect to existing bridge abutment $1,000 o Two (2) Type II inlets @ $2,000 ea. $4,000 o Fifty (50')feet of 18" RCP @ $35/LF $1,750 (2.) Public Water System (Precision Pipeline) $19,340 ❑ One (1) 6"x6"x6" tapping sleeve and valve and fifteen (15') feet of 6" D.I.P (Off-sites) $4,500 o Thirty (30') feet of bridge crossing in casing $4,200 o One hundred and ninety (190') feet of 6" D.I.P $26/LF$4,940 o One (1) standard fire hydrant and G.V $3,300 o Eight (8) 6" fittings @ $300 ea. $2,400 (3,) :Signs and Monuments $1,276 o Squires - one (1) 4x4 redwood post $53 o Fitzpatrick - one (1) "Stop", two (2) "Samuel Lane" and two (2) "Purissima Road" $128 o J&L Striping- Stop Bar $300 o Tiger Striping- three (3) survey monuments $795 (4.) Remove existing bridge and install new bridge $81,073 o Klassen - cover creek per Dept. of Fish and Game $1,229 o Klassen tree removal at bridge $4,152 o Klassen - backfill abutments $3,782 ❑ Klassen - removal of existing bridge $1,410 o Klassen - set new bridge $771 o Antuzzi - Contract for new bridge abutments $28,399 o Antuzzi - Credit for elimination of conc. curb/sidewalk ($1,632) o Antuzzi - Extras $2,749 o Peninsula Crane - Hoist Phase 1 @ 2 sections $1,137 o Peninsula Crane - Hoist Phase 2 @ 1 section $640 o Drake Welding- Structural supports Phase 1 $3,227 o • Drake Welding- Structural supports Phase 2 $3,991 o Drake Welding- Closure plates at deck for NC . $244 ❑ Skip Gibbs Co. - Construct and deliver bridge $30,974 - (5.) Deer Creek.Improvements within Public R.O.W. $11,536 ❑ Klassen - rip rap at creek (Phase 1) $8,001 o Klassen - rip rap at creek (Phase 2) $3,535 1of2 • (6.) Samuel Lane Paving $32,189 ❑ Klassen - Grade, rock and pave, NC berm and seal...$35,766 ❑ Deduct - same at (2) private dway approaches @ 10%($3,577) (7.) Structural Engineering $8,682 ❑ Mendocino Eng. - Strength calcs to Town $357 ❑ Biggs Cardosa - Design $3,900 ❑ Biggs Cardosa - Additional Design for Phasing Const. ....$500 ❑ Biggs Cardosa - Construction Services $480 ❑ Biggs Cardosa - Construction Services $1,916 ❑ Biggs Cardosa - Construction Services $1,233 ❑ Biggs Cardosa - Construction Services $296 (8.) City Inspections $6,713 ❑ Wilsey and Ham - Site Inspections June 96 $1,029 ❑ Wilsey and Ham - Site Inspections July 96 $2,175 ❑ Wilsey and Ham - Site Inspections August 96 @, 50% $1,666 ❑ Wilsey and Ham - Site Inspections Sept. 96 @ 30% $767 ❑ Wilsey and Ham - Site Inspections Oct. 96 @ 80% $1,076 (9.) Geotechnical Inspections $9,368 ❑ Terrasearch - Geotech Services period ending 6/30 $1,200 ❑ Terrasearch - Geotech Services period ending 7/14 $2,222 ❑ Terrasearch - Geotech Services period ending 7/21 $100 ❑. Terrasearch - Geotech Services period ending 8/25 $2,850 ❑ Terrasearch - Geotech Services period ending 8/31 . $270 ❑ Terrasearch -Geotech Services period ending 9/6 $670 ❑ Terrasearch= Geotech Services period ending 10/20 $410 ❑ Terrasearch - Geotech Services period ending 11/10...$1,200 ❑ Terrasearch - Geotech.Services period ending 12/1 $446 (10.) Staking and Survey $5,853 ❑ QMH - Civil Eng. field work $5,853 Total "Costs of Samuel Lane" - $182,780 2of2