HomeMy WebLinkAbout40-02 1 1 I
RESOLUTION NO. 40-02
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AND AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT
AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF
ASKARINAM AND YAZDANI
WHEREAS,the City Council of the Town of Los Altos Hills has read and considered
that certain Subdivision Improvement Agreement ("Agreement") between the Town and
Lands of Askarinam and Yazdani.
NOW, THEREFORE, the City Council of the Town does RESOLVE as follows:
1. Public interest and convenience require the Town of Los Altos Hills to enter
into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor
is hereby authorized on behalf of the Town to execute the Agreement between the Town
of Los Altos Hills and Lands of Askarinam and Yazdani.
PASSED AND ADOPTED this 21st day of March , 2002.
By.
Mayor
ATTEST:
City Clerk
N:\DATA\Clients\L\LAH\Projects\Askarinam\Sub-I mprov.rut.wpd
RECEIVED
MAR 1 4 2002
Application Account No. 281-99-TM-IS/ND-GD TOWN OF LOS ALTOS HILLS
Project Title: Lands of ASKARINAM AND YAZDANI
Tract No. Final Parcel Map, Lands of ASKARINAM AND YAZDANI
TOWN OF LOS ALTOS HILLS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, executed this 21-st day of March , 2002, by and
between the Town of Los Altos Hills, ("Town"), and Behrooz and Fariba Askarinam and
Faramarz M. and Afsaneh M. Yazdani (collectively, "Subdividers").
RECITALS
A. Subdividers desire to subdivide certain land in the Town in accordance with
a map filed with the City Council of Town, marked and designated Final Parcel Map,
Subdivision of the Lands of Askarinam and Yazdani.
B. Said map shows certain improvements which are offered for dedication for
public use.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions herein contained, and for other valuable consideration, the receipt of which is
hereby acknowledged, the parties do hereby agree as follows:
1. Subdividers agree that they will construct at their sole cost and expense
within and adjoining said tract, all those certain improvements ("Improvements")shown on
the Improvement Plans titled "Plans for the Improvement of Purissima Pump Station"
consisting of eleven (11) sheets approved by the City Engineer and hereby made a part
of this Agreement as if set forth at length, required by Chapter 1 of Title 9 of the Los Altos
Hills Municipal Code and required by the conditions of approval for the tentative Parcel
Map for Lands of Askarinam and Yazdani.
2. No improvement work shall be undertaken by Subdividers until all plans and
specifications have been submitted to the City Engineer and have been approved by him
in writing nor shall any change be made in said plans and specifications or in the work of
improvement to be done under them without the prior written approval of Town.
3. Subdividers agree that the Improvements will be constructed under and
subject to the inspection of and to the satisfaction of the City Engineer.
4. Subdividers agree that they will construct the Improvements in accordance
with the requirements set forth in said "Improvement Plans and Specifications" referred to
1 N:\DATA\Clients\L\LAH\Projects\Askarinam\Sub-Improv.agm.wp.
• •
•
above, all applicable ordinances, resolutions and orders of Town enacted or adopted by
said City Council as amended or revised as of the date of this Agreement, and governing
statutes of the State of California or of the United States of America. Subdividers agree
to pay all costs for labor or materials in connection with the Improvements.
5. All the Improvements, including without limitation, the Purissima Pump
Station have been completed and inspected by the City Engineer and the Subdividers
hereby dedicate the Improvements to the Town, and the Town hereby accepts the
Improvements as public.
6. Prior to approval of this Agreement by Town, Subdividers or Purissima Lift
Project, LLC ("LLC") of which Subdividers are members, shall file and submit (in a form
approved by Town) to Town cash in the amount of One Hundred Thousand Dollars
($100,000) ("Security") as security for maintenance/warranty of the Improvements for a
period of two (2) years after the date of final completion and initial acceptance by the City
Council of the Improvements to fulfill the two (2)year maintenance guaranty period for the
Improvements. Any defects in the Improvements or required maintenance during that time
shall be corrected by the Town and the Town shall pay for such corrections and
maintenance from the Security. After any such payment for corrections, the Town shall
notify Subdividers of the payment along with the invoice for the cost of corrections. Any
remaining Security shall be released to Subdividers after the final warranty inspection of
the Improvements by the City Engineer at the end of the two (2) year period. If the cost
of corrections and maintenance exceeds the $100,000 Security during the two (2) year
period, the Subdividers shall not be responsible for the excess costs.
7. Subdividers and LLC jointly and severally agree to indemnify and save
harmless Town, City Council, City Engineer or any other officer, employee or agent of
Town from any and all costs, expenses, claims, liabilities or damages, known or unknown,
to persons or property heretofore or hereafter arising out of or in any way connected with
the performance of work or other obligation to be performed in furtherance of this
Agreement, including, but not limited to, all costs and attorneys'fees incurred in defending
any claim arising as a result thereof. This indemnity shall not apply to any work undertaken
after the Town accepts the improvements pursuant to this Agreement.
8. Subdividers agree as a condition of the subdivision approval and use of
entitlement to defend at its sole expense any action brought against the Town because of
issuance of this entitlement or, in the alternative, to relinquish such entitlement.
Subdividers will reimburse the Town for any court costs and attorneys'fees which the Town
may be required by a court to pay as a result of such action, but such participation shall not
relieve Subdividers of their obligation under this condition.
9. Subdividers agree to pay all costs and expenses incurred by Town in
connection with the subdivision (including, but not limited to: office check of maps and
improvement plans, field checking, staking and inspection of street monuments,
construction water, wet taps, testing and inspection of improvement). Subdividers shall
provide adequate deposits for this purpose with additional deposits as required by Town.
10. Upon the execution of this Agreement, Subdividers agree to remit a Map fee
of Two Thousand Three Hundred Seventy Dollars ($2,370.00). �--�
2 N:\DATA\Clients\L\AH\Projects\Askarinam\Sub-Improv.agm.wpd
• •
•
11. Any easement or right-of-way necessary for the completion of any of the
improvements required of Subdividers shall be acquired by Subdividers at its sole cost and
expense. In the event that eminent domain proceedings are necessary for the acquisition
of any easement or right-of-way, Subdividers agree that they will pay all engineering fees
and costs, legal fees and costs, and other incidental costs sustained by Town in
connection with said eminent domain proceedings and any condemnation award and
damages (including all costs awarded in said eminent domain proceedings). Subdividers
further agree that prior to the institution of any eminent domain proceedings and upon ten
(10)days'written notice from Town, Subdividers will deposit such sums as are determined
by City Council to be necessary to defray said fees, costs, awards, and damages.
12. Town will accept on behalf of the public, the dedication of the public right of
way and easements offered for dedication on the Parcel Map, provided, however, that as
a condition precedent to said initial acceptance, Subdividers shall perform the covenants,
terms and conditions of this Agreement.
13. This Agreement shall be deemed to include any final conditions imposed by
Town upon the approval of the tentative and final maps related to public improvements of
the subdivision.
14. This Agreement shall bind the heirs, administrators, executors, successors,
assigns and transferees of Subdividers and the LLC. It is agreed and understood that the
covenants in this Agreement shall run with the land and are for the benefit of the other
lands in the Town of Los Altos Hills, and are made by Subdividers and the LLC expressly,
their heirs, administrators, executors, successors, assigns and transferees and to the
Town, its successors and assigns.
15. NOTICES.
15.1 All notices which are required to be given, or which may be given, by
either party to this agreement, shall be in writing and may be served by personal delivery
or by mail. Notices shall be deemed to have been served when deposited in the United
States mail, postage prepaid, registered or certified, addressed as follows, or to such other
address as from time to time may be designated by either party by giving notice to the
other party, as follows:
CITY: SUBDIVIDERS:
Town of Los Altos Hills Askarinam and Yazdani
Attn: City Manager c/o Behrooz Askarinam
26379 Fremont Road 27830 Elena Road
Los Altos Hills, CA 94022 Los Altos Hill, CA 94022
15.2 a notice given hereunder is served by mail, and within a given number
of days after such service a right may be exercised or an act is to be done by the person
receiving notice, the time within which such right may be exercised or act be done is
extended five days if the place of address is within the State of California, ten days if the
place of address is outside the State of California but within the United States of America,
and twenty days if the place of address is outside the United States of America.
3 N:\DATA\Clients\L\LAH\Projects\Askarinam\Sub-Improv.agm.wpd
• •
15.3 Failure to receive or to acknowledge receipt for notice served by mail
shall not invalidate the notice.
16. Nothing contained in this Agreement shall be construed to be a waiver,
release or extension of any provision heretofore required by ordinance, resolution or order
of the City Council of the Town.
17. Time shall be of the essence of this Agreement. All covenants herein
contained shall be deemed to be conditions. The singular shall include the plural; the
masculine gender shall include the feminine and neuter genders.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
ATTEST: TOWN OF LOS ALTOS HILLS:
City Clerk Mayor411/
APPROVED AS TO FORM: SUBDIVIDE' S:
,„.______, , ,...,........,....
City 1 ttorney Behrooz`e kari am
APPROVED AS TO SUFFICIENCY: ,.---
_,
City Engineerba Askariinam�
Farariamar M. Yazdani
.
Afsaneh-M--Y-a-:- _ `' '--
PURISSIMA IFT PROJECT, LLC
:y: I - A► Amy
Behroo, As;•,rinam,
Manag'ng -mber
4 N:\DATA\Clients\L\LAH\Projects\Askarinam\Sub-Improv.agm.wpd