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HomeMy WebLinkAbout65-96 • RESOLUTION NO. 65-96 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING FINAL TRACT MAP FOR HIDDEN SPRINGS ESTATES (LANDS OF BROCKWAY) TRACT NO. 8721 WHEREAS, the City Engineer has examined the proposed Final Tract Map entitled; TRACT NO. 8721, HIDDEN SPRINGS ESTATES, BEING A SUBDIVISION INTO 6 LOTS OF PARCEL 1, AS SHOWN ON'THAT CERTAIN PARCEL MAP FILED FOR RECORD APRIL 7, 1978 IN BOOK 416 OF MAPS, PAGES 18 AND 19, RECORDS OF SANTA CLARA COUNTY, TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, 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 SISSU, L.P., ("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 Tract Map and accepts on behalf of the public any streets, roadways, ways or easements offered for dedication and delineated on the Map, excepting the private storm drain easement designated as "P.S.D.E.". 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 21st day of August , 1996. By' ���_� / Mayor ATTEST: City Cler • Application Account No. Project Title Lands of Brockway Tract No. 8721 TOWN OF LOS ALTOS HILLS SUBDIVISION IMPROVEMENT AGREEMENT (MAINTENANCE) . THIS AGREEMENT, executed this /cA day of , 1996, by and between the TOWN OF LOS ALTOS HILLS, a munici 1 corporation of the State of California ("TOWN") , and - SISSU, L.P. , ("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 Tract Map 8721, Subdivision of the Lands of Brockway. B. SUBDIVIDER hasconstructed at its sole cost and expense within and adjoining said tract, all those , certain improvements ("Subdivision Improvements") shown on the September 6, 1995, Improvement Plans titled "Improvement Plans for Hidden Springs Estates" consisting of eight (8) sheets approved by the City Engineer and hereby made a part of this Agreement as if set forth at length, those improvements required by Chapter 1 of Title 9 of the Los Altos Hills Municipal Code and those improvements required by the conditions of approval for the tentative map _for Lands of. Brockway. 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. 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 Twenty Thousand Dollars ($20, 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 1 3\lah\re\brockway.sia.60726 • • 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 Tract Map, provided, however, that as a condition precedent to said initial acceptance, SUBDIVIDER shall perform the covenants, terms and conditionsof 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, 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) yearsafter 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. 6. This Agreement shall bind theheirs, 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. 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 2 3\lah\re\brockway.sia.60726 • • designated by either party by giving notice to the other party, as follows: City Subdivider Town of Los Altos Hills ' SISSU, L.P. Attn: City Manager c/o: Beverly Brockway 26379 Fremont Road 23215 Mora Glen Drive Los Altos Hills, CA 94022 Los Altos, CA 94024 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. 8. 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. 9. 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 LLS BY: -- By: City Clerk - or APPROVED AS TO FORM - SUBDIVIDER . By: ' City( Attorney By: Title: .+ , %.) APPROVED AS TO SUFFICIENCY By: Cit ineer 3 3\lah\re\brockway.sia.60726 ♦ � f. • • • 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ No.5907 slJlllrlll!!/lflflllfllJll./jllllllf!!!�llfly1111lr!!lle"�1111f1JlfllJ.e11`� `1 � State of California County of Santa Clara 0 On August 12, 1996 before me, Carol .Harrison 1 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" --''''•personally A, personally appeared Beverly M. Brockway NAME(S)OF SIGNER(S) E. personally known to me - OR - El proved to me on the basis of satisfactory evidence 0to be the person(s) whose name(s) is/are subscribed to the within instrument -and ac • - Rknowledged 'to me that he/she/they executed 8 6 the same. in his/her/their authorized 8 capacity(ies), and that by. his/her/their g O CAROL HARR!26 signature(s) on the instrument the person(s), .,\ Q -:x« COMM. #1018526 7. NOTARY PUBLIC-CALIFORNIA or the entity upon behalf of which the ��e.'. ;YYY SANTA CLARA COUNTY t, Citt{{{ `: :. My Comm. Expires Feb.24,199 person(s) acted, executed the instrument. 0 • WITNESS my ha an fficial seal. 0 1 _ SIGNATURE OF NOTARY (1 0 1111 OPTIONAL 1 ti 0 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 0l CAPACITY CLAIMED BY SIGNERo DESCRIPTION OF ATTACHED DOCUMENT 1 ElINDIVIDUAL 0 El CORPORATE OFFICER _ 0 1TITLES) TITLE OR TYPE OF DOCUMENT _ t o El PARTNER(S)- - El LIMITED El- GENERAL El ATTORNEY-IN-FACT - NUMBER-OF PAGES - El TRUSTEE(S) 0 +�+ El GUARDIAN/CONSERVATOR El OTHER: 0 DATE OF DOCUMENT 0 SIGNER IS REPRESENTING: • tl l NAME OF PERSON(S)OR ENTITY(IES) 01 1 SIGNER(S) OTHER THAN NAMED ABOVE •0 • 1 • Sfflflllfllllllllfllllllflllelf�llllll111Jlr�llflll/J1111-rllflllrl•�llf/J� ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 � A C, a b' p O W y� z N\'�e1 202 q� T Ooh Soo Z / K `n .' 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