HomeMy WebLinkAbout43-96 • •
RESOLUTION NO. 43-96
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING FINAL SUBDIVISION MAP
FOR LANDS OF WINDY HILL ASSOCIATES (WOODBRIDGE ESTATES)
WHEREAS, the City Engineer has examined the proposed Final
Subdivision Map entitled; BEING A SUBDIVISION OF THE LANDS OF LAUB
DESCRIBED IN BOOK 0696 OF OFFICIAL RECORDS, AT PAGE 288, IN THE
SANTA CLARA COUNTY RECORDS, AND LYING ENTIRELY 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 Agreement between the Town of Los Altos Hills .(the
"Town") and Windy Hill Associates;
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 any streets, roadways,
ways or easements offered for dedication and delineated on the Map, excepting
the pathwayeasement designated as "10' P.E.".
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 5th day of June , 1996.
By:
Mayor
ATTEST:
City Clerk
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Application Account No.
Project Title Woodbridge Estates
Tract No. Parcel Map, Woodbridge Estates
TOWN OF LOS ALTOS HILLS
SUBDIVISION IMPROVEMENTAGREEMENT
THIS AGREEMENT, executed this 5th day of June , 1996,
by and between the TOWN: OF. LOS ALTOS HILLS, a municipal corporation
of the State of California ("TOWN") , and WINDY HILL ASSOCIATES, a
California corporation, ("SUBDIVIDER") :
RECITALS
A. SUBDIVIDER desires to subdivide certain land in the TOWN
in accordance with a map filedwith the City Council of TOWN,
marked and designated Parcel Map, Woodbridge Estates.
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 Woodbridge Estates consisting of five (5) sheets,
the Landscape Plans for Woodbridge Estates prepared by Peter Wright
Shaw Associates consisting of three (3) sheets and the Structural
Specifications, Plans & Details for Woodbridge Estates prepared by
Adamo &, Associates consisting of four (4) sheets, all 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 Laub.
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 tobe 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.
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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, conditions of tentative map
approval 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..
5. All structures, including without limitation the pool,
deck, and pumphouse, made non-conformingby thelot lines created
by the subdivision shall be completely removed, to the satisfaction
of the.. City Engineer,:., prior to the earliest, .of: '(a) The sale of
Lot .3 ; (b.) the sale .of Lot .4 ; (.c)- the , issuance of any building
permit for Lot 3 ; or (d.) the issuance of any building permit for
Lot 4 and a separate agreement between the TOWN and the SUBDIVIDER
regarding this requirement shall be recorded, at the time of
recordation of the Parcel 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 Three Hundred Sixty-five Thousand
Dollars ($365, 000. 00) , conditioned upon the full and faithful
performance of each of the terms, covenants and conditions of this
Agreement including, without limitation, Section 8 below, 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 ofthe 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 , Three Hundred Sixty-five
Thousand Dollars ($365,000. 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
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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 duplicatepublic
general liability insurancepolicy with endorsements showing the
TOWN asan additional insured which insures TOWN, its officers,
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) inconnection 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 writtenon the Standard
California Comprehensive General Liability Policy Form which
includes, but is not limitedto, 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 immediatelyrepay 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
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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, knownor 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
furtheranceof. this .Agreement,: including,,:but not limited to, all..
costs and attorneys' . fees incurred in defending any claim arising
as .a. result,-thereof. . . . . .
15. SUBDIVIDER agrees as a condition of the subdivision
approval and use of entitlement to defend at itssoleexpense 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 or 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, installation 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 thefollowing sums to TOWN against saidcosts and expenses
referred to_ in .paragraph. 16,:
a. . . Plan-check- and Inspection Deposit: $36,500.00
b. Final Map Fee. $ 0.0.0
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 $ 0.0..0
g. Storm Drain Fee $ 5,541.00
h. Fire Hydrant_ Fee $ 0. 00
i. Park & Recreation Fee $ 0.00
j . Road in Lieu Fee $ 0.00
k. Attorney's Deposit $ 5,000.00
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1. Path in Lieu Fee S 0. 00
TOTAL $47,041. 00
18. Upon completion of the work, and before City Council's
final acceptance thereof, SUBDIVIDER shall be billed for andpay or
shall be refunded the difference between the amount of said costs
and expenses in each instance andthe amount of said remittance.
19. Any easement ,or right-of-way necessaryfor the completion
of any of the 'improvements required of SUBDIVIDER shall be acquired
by SUBDIVIDER at its solecost and expense. In, the event that
eminent; domain proceedings are necessary for the acquisition of any
easement or right-of-way, SUBDIVIDER agrees that she 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) .
SUBDIVIDER. further agrees that prior to the institution of any
eminent domain proceedings and upon 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., except for the 10 foot wide pathway easement
beginning at the Ohlone Road cul-de-sac and running along the
southern subdivision boundary to the eastern boundary, which shall
not be accepted at this time, but which may be accepted by the Town
at any time in the future; provided, however, 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 . imposedby 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,
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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 such other address as from..time totime may .. be
designated by eitherparty 'by giving notice to. the other party, as
follows:: .
City Subdivider
Town of Los Altos Hills Windy Hill Associates
Attn: City Manager Attn: Susan Fox, VP
26379 Fremont Road 99 El Camino Real
Los Altos Hills, CA 94022 Menlo Park,, CA 94025
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 mailshall notinvalidate the notice.
25.. Nothing contained in,this ,Agreement shall be construed to
be a.. waiver,: release ..or, .extensionofany 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.
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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
APPROV D AS TO FORM SUBDIVIDER
!
C • /r o. •c, 'Por
City ttorney ���
S s. \nice "7' = dent
APPROVED AS TO SUFFICIENCY
By: _
Ci gineer
� f
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STATE OF CALIFORNIA
COUNTY OF '6414 r
On MA4 i3 m q(01 before me CriaSTAOCE FSS, tfrorrATLA1 RtR,,u
personally appeared SIitSklrp1 Fp X
personally known to me or proved to me on this 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.
Witness my hand and official seal.
Signature �`�"°�`�
CONSTANCE PARIS 1
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11y-1 Comm.#975,911
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®o NOTARY PUBLIC-CALIFORNIA
San Mateo County
'ir II
Comm.Expires Oct 22,2945
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