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HomeMy WebLinkAbout68-97 • • RESOLUTION NO. 68-97 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING FINAL PARCEL MAP FOR LANDS OF CODISPOTI & SCHROEDER WHEREAS, the City Engineer has examined the proposed Final Parcel Map entitled; PARCEL MAP, BEING ALL OF PARCEL 2 AS SHOWN ON THAT • CERTAIN PARCEL MAP RECORDED IN BOOK 455 OF MAPS AT PAGE 42, SANTA CLARA COUNTY RECORDS AND LYING WITHIN THE 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 (Maintenance) Agreement between the Town of Los Altos Hills (the "Town") and Kenneth L. Schroeder and Frances M. Codispoti, as Co-Trustees of the Schroeder Family Trust, UDT Dated February 11, 1982, ("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 Parcel Map and accepts on behalf of the public any streets, roadways, ways or easements offered for dedication and delineated 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(Maintenance) Agreement. PASSED AND ADOPTED this 3rd day of September , 1997. Ey. ' Mayor ATTEST: City Clerk .. • • • Application Account No. 6-95-FM Project Title Lands of Codispoti & Schroeder Tract No. Final Parcel Map, Lands of Codispoti & Schroeder TOWN OF LOS ALTOS HILLS SUBDIVISION IMPROVEMENT AGREEMENT (MAINTENANCE) ,11 THIS AGREEMENT, executed this day of CXptc , 199 , by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California ("TOWN") , and KENNETH L. SCHROEDER and FRANCES M. CODISPOTI, as Co-Trustees of the Schroeder Family Trust, UDT Dated February 11, 1982 , ( "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 Codispoti & Schroeder.• B. Said map shows certain streets and easements which are offered for dedication for public use . C. SUBDIVIDER has constructed at its sole cost and expense within and adjoining said Parcels, all those certain improvements "Subdivision Improvements" shown on the Improvement Plans entitled, "Plan for the Improvement of 14545 Manuella Road, Los Altos Hills, CA" consisting of three 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 Codispoti and Schroeder. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, and for other valuable 1 3\lah\re\codi-sch.sia • • consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows : 1 . Concurrently with 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 Five Thousand Dollars ($5, 000 . 00) , which sum represents approximately ten percent (10%) of the cost of the Subdivision Improvements, for a period of not less than two (2) years after the date of final completion and initial acceptance by the City Council of the Subdivision. Improvements to fulfill the two year maintenance warranty period for said improvements. Any defects in the Subdivision Improvements shall be corrected by the SUBDIVIDER at its expense prior to acceptance by the City Council . This maintenance/warranty security shall be released after the warranty inspection of the Subdivision. Improvements, recommendation for acceptance by the City Engineer, and final acceptance of the Subdivision Improvements by the City Council . 2 . 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 . 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 . 4 . 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. 5 . SUBDIVIDER agrees that, upon ten (10) days ' written notice from TOWN, it will immediately remedy, restore, repair or replace, atsits 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, 2 3\lah\re\codi-sch.sia • 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. 6 . 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, its heirs, administrators, executors, successors, assigns and transferees and to the TOWN, its successors and assigns . 7 . Upon the execution of this Agreement, SUBDIVIDER agrees to remit the following sums to TOWN: Park & Recreation Fee $ 6, 012 . 15 8 . 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 : City Subdivider Town of Los Altos Hills Fran Codispoti & Ken Schroeder Attn: City Manager 14545 Manuella Road 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. 3 3\lah\re\codi-sch.sia • c. Failure to receive or to acknowledge receipt for notice served by mail shall not invalidate the notice. 9 . 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. 10 . 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 ■ Attorney NNETH L. SCHROEDER, as I )6 Mg,/ Co-Trustees of the Schroeder Family Trust, UDT Dated APPROVED AS TO SUFFICIENCY February 11, 1982 / By: FRANCES M. CODISPO' I, as a( ?7 City( , gineer Co-Trustee of the Schroeder Family Trust, UDT Dated February 11, 1982 4 3\lah\re\codi-sch.sia , • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT >> ( ) , State of C. J -D r n i A y nn s. County of c�C.tVI-}oi. l (ara 'j >j S On 'nr\cAY . a l j°P1 before me, 0-! I Vra. Q_ . PO Y-Fc ( 1•D , ;jj S Date Name and Title of Officerg. (e. ,"Jane Doe,Notary Public") � '�� ( personally appeared ��f'CL n P,S 1 h Y,\ • t_, i ,I ©-#--C ( Name(s)of Signer(s) A ❑personally known to me-OR-�Q proved to me on the basis of satisfactory evidence to be the personSs) 0, whose name(s) is/are subscribed to the within instrument I? S and acknowledged to me that he/shg/they executed the I? same in his/her/their authorized capacity(ies),and that by ? his/her/their signature(s)on the instrument the person(s), 4 ALMA C.PIORnlp or the entity upon behalf of which the person(s) acted, � �. Notary Public #� executed the instrument. g =J y eta claaoas�M >j {.•-- ' MMyComm.E es Feb Ana WITNESS my hand and official seal. S ' _„,, ( Signature of Notary Public 1 OPTIONAL A� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;�? fraudulent removal and reattachment of this form to another document. :'0 ( )? S Description of Attached Document :;? Title or Type of Document: LOWY) Of' L.O,5 1ll-b.s /-1-0-lis SUbd i UfSx F e , wrOUerrer� 1 S >& xre 1 Document Date: J.a -vl Number of Pages: `7 Signer(s) Other Than Named Above: - - S Ca acit ies Claimed bySigner(s) ,V? Signer's Name: Signer's Name: jj ( 0 S ❑ Individual ❑ Individual 2� CI Corporate Officer 111 Corporate Officer ; , Title(s): Title(s): ? ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 0? ❑ Attorney-in-Fact CI Attorney-in-Fact h� S ❑ Trustee ❑ Trustee 0 RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER . CI Other: Top of thumb here CI Other: Top of thumb here .>> i j i ? Signer Is Representing: Signer Is Representing: K.j )? ©1995 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 ALS-PURPOSE ACKNOWLEDGMENT • C.0 SS a' ' 1 5 vc.' S S S S!s,A.lC S S S (... S SSS S S a .• .• S a .' Ti.,,,,4 S S Ste.' 5 ,tt %7, • � State of 1/0)1„ i 1County of )(2)./4_41,.../-a- _ (,_ /a /l/Gt_- j On f)C 2dS /QQ'' before me, 1-c4.-.4.sc- Ji/ a—V-.e 4 /th/z t � .1 c Date Name and Title of Officer(e.g., {o�fS / �� " / �J "Jane Doe, Public") (/ personally appeared K -ii Y)-e-�1 L , s'd rd -2u e'er , j� Name(s)of Signer(s) Xpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) >> c 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 ,, :..,. susANB.MCCARIHY his/her/their signature(s) on the instrument the person(s), . CoMmIs3lOn#109813116 or the entity upon behalf of which the person(s) acted, r +,, calfomb .. n executed the instrument. °�� Santa Clara County � .r my COMM.ExQtreSMay20.MOO %� WITNESS my hand and official seal. ( >> C / ,/:14A • Signature of Notary Public V ./ OPTIONAL 1; 1 ( Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent �� 41 fraudulent removal and reattachment of this form to another document. l� c Description of Attached Document Tit or Type of Document: Tah A k.CS 0.11495 P-1-1-11.-LL 1 ` h 1 ,, , Document Date:g'S Tao 6-0& 4 9' 'y Number of Pages: 7 Signer(s) Other Than Named Above: 1 c Ca acit ies Claimed bySigner(s) � P Y�• ) >> Signer's Name: Signer's Name: j >> ( ❑ Individual ❑ Individual j� ( ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): >> 111 Partner—❑ Limited ❑ General El Partner—❑ Limited ❑ General :;>> ❑ Attorney-in-Fact ❑ Attorney-in-Fact >> c ❑ Trustee ❑ Trustee >> RIGHT THUMBPRINT RIGHT THUMBPRINT RIGHT THUMBPRINT or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER (• 1=I Other: Top of thumb here CI Other: Top of thumb here J� Signer Is Representing: Signer Is Representing: '� ( :K. 41 A gy . a ait a a _ tea`_"a".`a a a`.a"aa._,a`.a ate*`a.�4`.a"a._,a`.a.-,a.-4._,a..4,`4,"a._.a._,4`.a`.a,-,8 ..4.-,a.- .-_"4�._`.a.,A ©1995 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