HomeMy WebLinkAbout104-96 •
RESOLUTION NO. 10 4-9 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING FINAL SUBDIVISION MAP and APPROVING AND
AUTHORIZING EXECUTION OF A LOT MERGER IMPROVEMENT
AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND ERIC
SCOTT MICKO &JANET BETH MICKO; DEAN T. CLARK AND LINDA D.
CLARK,TRUSTEES OF THE CLARK LIVING TRUST DATED FEBRUARY 4,
1988; AND GEORGE O.ARGALL JR.,AS TRUSTEE OF U/D/T TRUST DATED
APRIL 5, 1979,AND AS BENEFICIARY UNDER TRUST DEED
INSTRUMENT NO. 10710966
WHEREAS,the City Engineer has examined the proposed Final Subdivision Map
entitled; BEING A MERGER INTO ONE LOT OF LOTS 1 THROUGH 14, BLOCK
ONE, AS SHOWN ON THAT CERTAIN MAP'ENTITLED "MAP OF LOS ALTOS
VILLA." RECORDED IN BOOK "0" OF MAPS AT PAGES 41, SANTA CLARA
COUNTY RECORDS, AND LYING WITHIN. THE TOWN OF LOS ALTOS HILLS;
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 of the Town of Los Altos Hills has read and.
considered that certain Lot Merger Improvement Agreement ("Agreement") between the
Town and ERIC SCOTT MICKO & JANET BETH MICKO; DEAN T. CLARK and
LINDA D. CLARK, Trustees of the Clark Living Trust dated February 4, 1988; and
GEORGE O. ARGALL JR., as Trustee of U/D/T Trust dated April 5, 1979, and as
beneficiary under Trust Deed Instrument No. 10710966.
NOW, THEREFORE,the City Council of the Town does RESOLVE as follows:
1. Public interest and convenience require the Town of Los Altos Hills to
enter into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement and the
Mayor is hereby authorized on behalf of the Town to execute the Agreement between the
Town of Los Altos Hills and ERIC SCOTT MICKO & JANET BETH MICKO; DEAN
T. CLARK and LINDA D. CLARK, Trustees of the Clark Living Trust dated February 4,
1988; and GEORGE O. ARGALL JR., as Trustee of U/D/T Trust dated April 5, 1979,
and as beneficiary under Trust Deed Instrument No. 10710966.
3. . 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.
PASSED AND ADOPTED this 4th day of December , 1996.
By:
Mayor
A ST:
• •
City Clerk
i _ 1110
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THIS DOCUMENT IS RECORDED
FOR THE BENEFIT OF AND
WHEN RECORDED MAIL TO:
ERIC MICKO ET AL
2203 ALPINE VIEW DR
RESCUE CA 95672
Application Account No. 76-95-TM
Project Title Lands of Micko, et al.
Tract No. Final Parcel Map, Lands of
Micko, et al.
TOWN OF LOS ALTOS HILLS
LOT MERGER IMPROVEMENT AGREEMENT
THIS AGREEMENT, executed this 677f day of ?4,1/&'I/a- , 1996,
by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation
of the State of. California ("TOWN") , and ERIC SCOTT MICKO & JANET
BETH MICKO; DEAN T. CLARK and LINDA D. CLARK, Trustees of the Clark
Living Trust dated February 4, 1988; and GEORGE O. ARGALL JR. , as
Trustee of U D T Trust dated April 5, 1979, and as beneficiary
under Trust Deed Instrument No. 10710966 (collectively "OWNER") :
RECITALS
A. OWNER desires to merge certain parcels of land in the
TOWN in accordance with a map filed with the City Council of TOWN,
marked and designated Final Parcel Map, Merger of the Lands of
Micko, et al.
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:
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1. OWNER agrees that they will construct at their sole cost
and expense within and adjoining said parcel, all. those certain
improvements ("Improvements") shown on the Improvement Plans titled
"Improvement Plans for Micko Property, Altadena Drive and Kingsley
Avenue, Los Altos Hills, California" consisting of four (4) sheets
approved by the City Engineer and hereby made a part of this
Agreement as if set forthat length, required by Chapter 1 of Title
9 of the Los Altos Hills Municipal Code and 'required bythe
conditions of approval for the approval of the lot merger for Lands
of Micko, et al.
2. No improvement work shall be undertaken by OWNER until
all plans and specifications have been submitted to the City
Engineerr 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. OWNER agrees that said Improvements will be constructed
under and subject to the inspection of and to the satisfaction of
the, City Engineer.
4. OWNER 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
saidCityCouncil as amended or revisedas 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, OWNER shall
file and submit security (in a form 'approved by Town) to TOWN as
obligee in the penal sum of Fifty Thousand Dollars ($50,000) ,
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 approved by
the City Engineer prior to issuance of any site development
permits. If OWNER shallfail to complete the workrequired by this
Agreement within that time, TOWN may, at its option, and after
givingten (10) days' written notice thereof to OWNER, complete the
same and recover the full cost and expense thereof from OWNER by
way of the security bond. )
7. In the event that OWNER fails to perform any obligation
on their part to be performed hereunder, OWNER 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, OWNER agrees to pay costs of suit and reasonable
attorneys' fees to be fixed by the Court.
8. Prior to the execution of this Agreement, OWNER shall
file and submit security (in a form approved by Town) to TOWN, as
obligee, in thepenal sum of Fifty Thousand Dollars ($50,000) ,
inuring to the benefit of any contractor, his subcontractors -and to
persons renting equipment or furnishing labor or materials to them
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for the cost of labor and materials furnished in connection with.
any and all improvement work required hereunder.
9. OWNER agrees to pay all costs for labor or materials in
connection with the Improvements hereunder.
10. The performance security or bond 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/warrantymaintenance/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 commencing construction of the Improvements, and
at OWNER'S expense, OWNER shall provide TOWN with a 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 and $250, 000.00 for property
damage in each occurrence) in connection with work performed by,
for or on behalf of OWNER. Said policy shall: (a) beissued 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 OWNER'S Improvements. If OWNER 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 OWNER shall immediately repay TOWN the premium
therefor.
12. OWNER agrees that any general contractor engaged by the
OWNER 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
beenP aid 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
3 3\lah\re\micko.sia.60620
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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 OWNER 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. OWNER 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.
14. OWNER agrees as a condition of the lot merger approval
and grant of entitlements to defend at its sole expense anyaction
brought against the TOWN because of . issuance of this entitlement
or, in the alternative, to relinquish such entitlement. OWNER 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 OWNER or their
obligation under this condition.
15. OWNER agrees to pay all costs and expenses incurred by
TOWN in connection with the lot merger (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) . OWNER shall provide
adequate deposits for this purpose with additional deposits as
required by TOWN.
16. Upon the execution of. this Agreement, OWNER agrees to
remitthefollowing sums to TOWN against said costs and expenses
referred to in paragraph 16:
a. Plan-check and Inspection Deposit $ 5, 000.00
b. Attorneys' Deposit $ 5, 000. 00
TOTAL $10, 000.00
17. Upon completion of the work, and before City Council's
final acceptance thereof, OWNER 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 OWNER. shall be acquired by
OWNER 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, OWNER agrees 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
4 3\lah\re\micko.sia.60620
411
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domain proceedings and any condemnation award and damages
(including all costs awarded in said eminent domain proceedings) .
OWNER further agrees that prior to the institution of any eminent
domain proceedings and upon ten (10) days' written notice from
TOWN, OWNER 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 public, right of way and easements offered for dedication on
the Parcel Map, provided, however, that as a condition precedent to
said initial acceptance, OWNER shall perform the,.covenants, terms
and conditions of this Agreement.
20. This Agreement shall be deemed to include any conditions
imposed by TOWN upon the approval of the lot merger and parcel map .
including, but not limited to, the limitation of. 12,000 square feet
of development area and 5, 000 square feet of floor area on the
proeprty that is the subject of the Final Parcel Map.
21. OWNER 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 OWNER 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 OWNER. This covenant shall be explicitly
included within the obligation of the security bond referenced
above.
22. This Agreement shall bind the heirs, administrators,
executors, successors, assigns and transferees of OWNER. 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 OWNER expressly, their
heirs, administrators, executors, successors, assigns and
transferees and to the TOWN, its successors and assigns.
23 . Notices:
a. All notices which are required to be given, or which
maybe given, byeither partyto 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 OWNER
Town of Los Altos Hills Eric Micko, et al.
Attn: City Manager 2203 Alpine View Drive
26379 Fremont Road Rescue, CA 95672
Los Altos Hills, CA 94022
5 .. 3\lah\re\micko.sia.60620
b. If a notice given hereunder is served by mail, and
within a given number of days aftersuch 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 ofaddress 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.
24. 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.
25. 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 LO00,LTO .. L
By: � ✓ '�� By:
City Clerk Mayor
APPR VED AS
.
'
Citty Attorney ERIC A.COT ICKO
APPROVED AS TO SUFFICIENCY JANET BETHpMIIICKO
By: ' ,: DEAN T. CLARK, Trustee of the
City n o neer Clark Living Trust dated
February 4, 1988 "" /�
LINDA D. CLARK, Trustee of the
Clark Living Trust dated
February 4, 1988
GE•i•GE O. AR ALL JR. , as Trustee
of U/D/T Trust dated
April 5, 1979, and as
beneficiary under Trust Deed
Instrument No. 10710966
6 3\lah\re\micko.sia.60620
411
STATE OF CALIFORNIA ) •
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COUNTY OF _Xttt YMUA Q)
On `ti ,•
1996, before me, the undersigned Notary Public,
personally appeared ERIC SCOTT MICKO, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name . is 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.
Sig
•
RONNIE ELIZABETH CROW u
Comm$1041344
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STATE OF CALIFORNIA )
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COUNTY OF
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lY , 1996, before me, the undersigned Notary Public,
personally appeared JANET BETH MICKO, personally known to me (or
proved to me on the basis ,of satisfactory evidence) to be the
person whose name is 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.
BONNIE ELIZABETH coca "0
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STATE OF CALIFORNIA )
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COUNTY OF 6;91-1074 GLA-(4 )
On Nou 9. n I , 1996, before me, the undersigned Notary. Public,
personally appeared DEAN T. CLARK, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is 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. .--
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STATE OF CALIFORNIA )
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COUNTY OF c§fhVWY9- CGet/70 )
On , DU / i-- j , 1996, before me, the undersigned Notary Public,
personally appeared LINDA D. CLARK, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is 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 a d official seal.
KELLY
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3\lah\re\micko.sia.60620
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411
STATE OF CALIFORNIA ) •
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COUNTY OF�4.71("T 247 ?)
On /( Q / X- 7 , 1996, before me, the undersigned Notary. Public,
personally appeared GEORGE O. ARGALL JR. , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is 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. >. KATHRYN•L. KELLY
� NOTARY PO+WC•C.LIFOPNV,
Santa Clara County y Comm.Expires May 19,200tri
STATE OF CALIFORNIA )
ss:
- COUNTY OF )
On , 1996, before me, the undersigned Notary Public,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is 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.
Signature
•
3\lah\re\micko.sia.60620