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HomeMy WebLinkAbout53-01 s • , 410 RESOLUTION NO. 5x-01 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING FINAL SUBDIVISION MAP,LANDS OF COTTRELL WHEREAS, the City Engineer has examined the proposed Final Subdivision Map entitled; BEING A SUBDIVISION OF THAT 9.8 ACRE PARCEL SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 37 OF MAPS AT PAGE 23, SANTA CLARA COUNTY RECORDS AND LYING ENTIRELY WITHIN TOWN OF LOS ALTOS HILLS, CALIFORNIA; and has determined that the said Map is in conformity with the approved tentative map for said map, the requirements of Chapter 1 entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code and the Subdivision Map Act; and WHEREAS, the City Council has read and considered that certain Subdivision Improvement Agreement between the Town of Los Altos Hills (the "Town") and Carl and Marlene Cottrell ("Subdivider"); NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: 1. The City Council of the Town hereby approves the above-described Final Subdivision Map and accepts on behalf of the public, all streets and easements offered for dedication to public use in conformity with the terms of the dedication offer designated on the Map; and 2. The Town shall enter into and the Mayor is hereby authorized and directed to execute the above-described Subdivision Improvement Agreement. PASSED AND ADOPTED this 2nd day of August , 2001. Mayor City Clerk • • Application Account No. 325 - 99 -TM - GD - ND Project Title:le: Lands of Cottrell Tract No. Final Parcel Map, Lands of Cottrell Town OF LOS ALTOS HILLS SUBDIVISION IMPROVEMENT AGREEMENT This agreement,executed this 2nd day of ctfly,2001 by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("Town"), and Carl and Marlene Cottrell (collectively, "Subdivider"): RECITALS A. Subdivider desires 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 Cottrell. B. Said map shows certain streets and easements 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. Subdivider agrees that they will construct at their sole cost and expense within and adjoining said tract, all those certain improvements shown on the Improvement Plans titled "Plans for the Improvement of Subdivision Improvement Plan" consisting of one (1) sheet 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 Cottrell. 2. No improvement work shall be undertaken by Subdivider 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. Subdivider agrees that said improvements will be constructed under and subject to the inspection of and to the satisfaction of the City Engineer. 4. Subdivider agrees that they will construct said improvements in accordance with the requirements set forth in said "Improvement Plans and Specifications" referred to above, all applicable ordinances, resolutions and orders of Town enacted or adopted by said City Council as amended or revised as of the date 1 N:\DATA\Clients\L\LAH\Projects\Cottrell\SublmprovAgm.wpd • • of this Agreement, and governing statutes of the State of California or of the United States of America. 5. All structures made non-conforming by the lot lines created by the subdivision shall be completely removed, to the satisfaction of the City Engineer, prior to recordation of the Final Map. 6. Prior to the execution of this Agreement, Subdivider shall file and submit security (in a form approved by Town) to Town as obligee in the penal sum of Ninety One Thousand Three Hundred Dollars ($91,300.00), conditioned upon the full and faithful performance of each of the terms, covenants and conditions of this Agreement and conditioned upon the full and faithful performance of any and all improvement work required hereunder. 7. All said improvements shall be completed and ready for final inspection by the City Engineer within 12 months of the date of execution of this Agreement. If Subdivider shall fail to complete the work required by this Agreement within that time, Town may, at its option, and after giving ten (10) days' written notice thereof to Subdivider, complete the same and recover the full cost and expense thereof from Subdivider by way of the security bond. 8. In the event that Subdivider fails to perform any obligation on their part to be performed hereunder, Subdivider agrees to pay all costs and expenses incurred by Town in securing performance of such obligation, and if suit be brought by Town to enforce this Agreement, Subdivider agrees to pay costs of suit and reasonable attorneys' fees to be fixed by the Court. 9. Prior to the execution of this Agreement, Subdivider shall file and submit security (in a form approved by Town) to Town, as obligee, in the penal sum of • Ninety One Thousand Three Hundred Dollars($91,300.00), inuring to the benefit of any contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the cost of labor and materials furnished in connection with any and all improvement work required hereunder. 10. Subdivider agrees to pay all costs for labor or materials in connection with the work of improvement hereunder. 11. The performance security required hereunder shall be reduced to a maintenance/warranty security of ten percent (10%) of the security's original value for a period of not less than two (2)years after the date of final completion and initial acceptance by the City Council of said work to fulfill the two year maintenance guarantee period for said improvements. Any defects in the improvements shall be corrected by the applicants at their expense prior to acceptance by the City Council. This maintenance/warranty security shall be released after the warranty inspection of the improvements, recommendation for acceptance by the City Engineer, and final acceptance of the improvements by the City Council. 12. Prior to execution of this Agreement, and at Subdivider's expense, Subdivider shall provide Town with a general liability insurance policy with endorsements showing the Town as an additional insured which insures Town, its officers, 2 • N:\DATA\Clients\L\LAH\Projects\Cottrell\SublmprovAgm.wpd • • employees, agents and volunteers against liability for injuries to persons or property (with minimum coverage of $500,000.00 for each person and $1,000,000.00 for each occurrence and $250,000.00 for property damage in each occurrence) in connection with work performed by, for or on behalf of Subdivider. Said policy shall: (a) be issued by an insurance company authorized to transact business in the State of California; (b) be written on the . Standard California Comprehensive General Liability Policy Form which includes, but is not limited,to, property damage and bodily injury; (c) be written on an occurrence basis; (d) require thirty (30) days' prior written notice to Town of cancellation or coverage reduction; (e)provide that it is full primary coverage; (f) provide that Town, its officers and employees shall not be precluded from claim against other insured parties thereunder; (g) be maintained in effect until final acceptance of Subdivider's improvements. If Subdivider does not comply with the provisions of this paragraph, Town may (at its election and in addition to other legal remedies)take out the necessary insurance, and Subdivider shall immediately repay Town the premium therefor. 13. Subdivider agrees that any general contractor engaged by the Subdivider for any work of improvement under this Agreement will have: a. In full force and effect, a Worker's Compensation Insurance as shown by a Certificate.of Worker's Compensation Insurance issued by an admitted insurer. Said Certificate shall state that there is in existence a valid policy of Worker's Compensation Insurance in a form approved by the California Insurance .. Commissioner. The certificate shall show the expiration date of the policy, that the full deposit premium on the policy has been paid and that the insurer will give Town at least thirty (30) days prior written notice of the cancellation or coverage reduction of the policy; or b. In full force and effect, a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations and certified by him to be current, together with a Declaration under penalty of perjury in a form satisfactory to the City Attorney that said Certificate is in full force and effect and that the .Subdivider or its general contractor shall immediately notify the Town in writing in the event of its cancellation or coverage reduction at any time prior to the completion of all work of improvement. 14. Subdivider agrees 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. 3 N:\DATA\Clients\L\LAH\Projects\Cottrell\SublmprovAgm.wpd 15. Subdivider agrees 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. Subdivider 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 Subdivider of their obligation under this condition. 16. Subdivider agrees 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). Subdivider shall provide adequate deposits for this purpose with additional deposits as required by Town. 17. Upon the execution of this Agreement, Subdivider agrees to remit the following sums to Town against said costs and expenses referred to in paragraph 16: a. Plan-check and Inspection Deposit $ 1,500.00 b. Final Map Fee:- $ 1,580.00 c. Right-of-Way Reimbursement Fee $ 0.00 d. Improvement Reimbursement Fee $ 0.00 e. Water Connection Fee $ 0.00 f. Sanitary Sewer Connection Fee $ 0.00 g. Storm Drain Fee $ 0.00 h. Fire Hydrant Fee $ 0.00 i. Park & Recreation Fee $ 0.00 j. Road in Lieu Fee $ 0.00 k. Path in Lieu Fee $ 0.00 Attorneys' Fee Deposit $ 5,000.00 Total $ 8,080.00 18. Upon completion of the work,and before City Council's final acceptance thereof, Subdivider shall be billed for and pay or shall be refunded the difference between the amount of said costs and expenses in each instance and the amount of said remittance. 19. Any easement or right-of-way necessary for the completion of any of the improvements required of Subdivider shall be acquired by Subdivider 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, Subdivider agrees that they will pay all engineering fees and costs,legal fees and costs,and other incidental 4 N:\DATA\Clients\L\LAH\Pro'1ects\Cottrell\SublmprovAgm.wpd • • • 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). Subdivider further agrees that prior to the institution of any eminent domain proceedings andupon ten (10) days' written notice from Town, Subdivider will deposit such sums as are determined by City Council to be necessary to defray said fees, costs, awards, and damages. 20. 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,Subdivider shall perform the covenants, terms and conditions of this Agreement. 21. 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. 22. Subdivider agrees that, upon ten (10) days' written notice from Town, it will immediately remedy, restore, repair or replace, at its sole expense and to the satisfaction of City.Engineer, all defects, damages or imperfections due to or arising from faulty materials or workmanship appearing within a period of not less than two (2) years after the date of initial acceptance of all said improvements. If Subdivider shall fail to remedy, restore, repair, or replace said defects, damages or imperfections as herein required, Town may, at its option, do so and recover the full cost and expense thereof from Subdivider. This covenant shall be explicitly included within the obligation of the security bond referenced above. 23. This Agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of Subdivider. 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 ,Subdivider expressly, their heirs, administrators, executors, successors, assigns and transferees and'to the Town, its successors and assigns. • 24. Notices: a. 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: Citv Subdivider 5 N:\DATA\Clients\L\LAH\Projects\Cottrell\SublmprovAgm.wpd • Town of Los Altos Hills Carl and Marlene Cottrell Attn: City Manager 13480 N. Fork Lane. 26379 Fremont Road Los Altos Hills, CA 94022 Los Altos Hills, CA 94022 b. If 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. c. Failure to receive or to acknowledge receipt for notice served by mail shall not invalidate the notice. 25. 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. 26. 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 By: By: City Clerk Mayor APPROVED AS TO FORM SUBDIVIDER By: , - Cit}(Attorney Carl Cott.r 1 APPROVED AS TO SUFFICIENCY arl ne Cottrell By: ,/// / City Engineer 6 NADATA\Clients\BLAH\Projects\CottrelnublmprovAgm.wpd