HomeMy WebLinkAbout68-96 • ID
RESOLUTION NO. 68-96
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING FINAL MAP
FOR LANDS OF ELMBERG
WHEREAS, the City Engineer has examined the proposed Final Map entitled;
PARCEL MAP BEING A PORTION OF LOT 73 AS SHOWN ON THAT CERTAIN
MAP ENTITLED "MAP OF THE SUBDIVISION OF LOT 2 & PART OF LOT 1 OF
TAAFFE PARTITION IN THE RANCJO LA PURISSIMA CONCEPCION"
RECORDED IN BOOK "H" OF MAPS AT PAGES 76 & 77, 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 Agreement and Declaration of Covenants, Conditions, Restrictions and
Easements between the Town of Los Altos Hills (the "Town") and Jack and Carol
Elmberg ("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
Map and accepts on behalf of the public any streets,roadways, ways or easements offered
for dedication and delineated on the Map, excepting the proposed private sanitary sewer
easement designated as "P.P.S.S.E." and the reciprocal easement for ingress-egress.
2. The Town shall enter into and the Mayor is hereby authorized and directed
to execute the above-described Subdivision Improvement Agreement.
3. The Town shall enter into and the Mayor is hereby authorized and directed
to execute the above-described Declaration of Covenants, Conditions, Restrictions and
Easements.
PASSED AND ADOPTED this 21st day of Af gust , 1996.
,/
Mayor
A_ EST:
City Clerk
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Project Title Lands of Elmberg
Tract No. Parcel Map,Lands of Elmberg
TOWN OF LOS ALTOS HILLS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, executed this 21st day of August , 1996, by and between
the Town of Los Altos Hills, a municipal corporation of the State of California("TOWN"), and
Jack F. and Carol A. Elmberg ("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 Parcel Map, Subdivision of
the Lands of Elmberg.
B. Said map shows certain streets and easements which are offered for dedication for
public use.
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 shown on the Improvement Plans
titled "Plans for the Improvement of Lands of Elmberg" consisting of three (3) 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 Elmberg.
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 said 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 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
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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. Prior to the execution of this Agreement, SUBDIVIDERS shall file and submit
security (in a form approved by Town)to TOWN as obligee in the penal sum of One Hundred
Twenty-Seven Thousand Dollars ($127,000.000), 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.
6. 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 SUBDIVIDERS
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 SUBDIVIDERS, complete the
same and recover the full cost and expense thereof from SUBDIVIDERS by way of the security
bond.
7. In the event that SUBDIVIDERS fail to perform any obligation on their part to be
performed hereunder, SUBDIVIDERS agree 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, SUBDIVIDERS agree to pay costs of suit and reasonable attorneys' fees to be fixed
by the Court.
8. Prior to the execution of this Agreement, SUBDIVIDERS shall file and submit
security (in a form approved by Town)to TOWN, as obligee, in the penal sum of One Hundred
Twenty-Seven Thousand Dollars ($127,000.00), 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.
9. SUBDIVIDERS agree to pay all costs for labor or materials in connection with
the work of improvement hereunder.
10. 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.
11. - Prior to execution of this Agreement, and at SUBDIVIDERS' expense,
SUBDIVIDERS shall provide TOWN with a duplicate public general liability insurance policy
with endorsements showing the TOWN as an 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
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and$250,000.00 for property damage in each occurrence) in connection with work performed
by, for or on behalf of SUBDIVIDERS. 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 SUBDIVIDERS's improvements. If SUBDIVIDERS 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 SUBDIVIDERS shall immediately repay TOWN the
premium therefor.
12. SUBDIVIDERS agree that any general contractor engaged by the
SUBDIVIDERS 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 SUBDIVIDERS 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.
13. SUBDIVIDERS 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.
14. 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
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required by a court to pay as a result of such action, but such participation shall not relieve
SUBDIVIDERS or their obligation under this condition.
15. 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.
16. Upon the execution of this Agreement, SUBDIVIDERS agree to remit the
following sums to TOWN against said costs and expenses referred to in paragraph 16:
(a) Plan-check and Inspection Deposit $ 12,105.36
(b) Final Map Fee $
(c) Right-of-Way Reimbursement Fee $ 0.00
(d) Improvement Reimbursement Fee $ - 0.00
(e) Water Connection Fee $ 0.00
(f) Sanitary Sewer Connection Fees (Los Altos) $ 2,055.68
- (g) Sanitary Sewer Assessment Fees (Los Altos) $ 400.00
(h) Storm Drain Fee $ 2,250.00
(i) Fire Hydrant Fee $ 0.00
(j) Park&Recreation Fee $ 0.00
(k) Road in Lieu Fee $ 0.00
(1) Path in Lieu Fee $ 0.00
(m) Attorney Services Deposit $ 5,000.00
TOTAL: $ 21,855.04
17. Upon completion of the work, and before City Council's final acceptance thereof,
SUBDIVIDERS 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.
18. 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
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,
TOWN, SUBDIVIDERS will deposit.such sums as are determined by City Council to be
necessary to defray said fees, costs, awards, and damages.
19. TOWN will accept on behalf of the public,the dedication of the streets 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.
20. SUBDIVIDERS hereby irrevocably offers to convey title of the water lines, and
appurtenances constructed in or for the subdivision to TOWN. Upon final acceptance of the
improvements by TOWN,the title will be deemed to be accepted by TOWN in the event that title
has not previously passed to TOWN by operation of law.
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. SUBDIVIDERS agree 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 SUBDIVIDERS 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 SUBDIVIDERS. 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 SUBDIVIDERS. 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 expressly,their heirs, administrators,
executors, successors, assigns and transferees and to the TOWN, its successors and assigns.
24. (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 Subdividers
Town of Los Altos Hills Jack and Carol Elmberg
Attention: City Manager 26731 Taaffe Road
26379 Fremont Road Los Altos Hills, CA 94022
Los Altos Hills, CA 94022
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11
1
State of California )
County of 5Ot tCI C ICJ& )
On June 11 , 1996 before me, the undersigned Notary Public,personally
appeared Jack F. Elmberg,personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person whose name subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
CHERINE BREWER Signature ( )
+�
COMM.*1038016 g
Notary Public-California
Jr' SANTA CLARA COUNTY
• My Comm.Expires SEP 24.199S
State of California )
County of 3Ciilttl Clara. )
On June, 17 , 1996 before me, the undersigned Notary Public,personally.
appeared Carol A._Elmberg,personally known to me (or proved to-me on the basis of satisfactory
evidence)to be the person whose name subscribed to the within instrument and acknowledged to
me that she executed the same in her authorized capacity, and that by her signature on the
instrument the person,or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
#.14
CHERiNEBREWERCO .#1016 Notary Public—Califomla 1 SANTA CLARA COUNTY
My Comm.Expires SEP 24.1998
14949/008/1044459.1
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(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 SUBDIVIDERS
-
City Attorney9'Jack F. Elmberg
Carol A. Elmberg -
By: -
City t hoer -
14949/008/1044461.1
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