HomeMy WebLinkAbout57-94 •
RESOLUTION NO. 57-94
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
CONDITIONALLY APPROVING FINAL PARCEL MAP
FOR LANDS OF HOOVER
WHEREAS, the City Engineer has examined the proposed Final
Parcel Map entitled Lands of Hoover, and has determined that the
said Map is in conformity with the approved tentative map for
Lands of Hoover, 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 Agreement between the. Town of Los Altos Hills
and Ida Mary Hoover, Trustee;.
NOW, THEREFORE, the City Council of the Town of Los Altos
Hills does RESOLVE as follows:
1. The City Council of the Town of Los Altos Hills hereby
approves the above-described Final Parcel Map on the condition
that (.i) the subdivider finalize to the satisfaction of the City
Attorney a Road Maintenance and Reciprocal Easement Agreement for
access to the subject property and (ii) the Parcel .Map not be
recorded until the above condition is met.
2. The City Council hereby accepts on behalfof the public
any streets, roadways, or easements offered for dedication and
delineated on the Map, except for those streets, roadways or
easements that are indicated on the Map as rejected.
3. The Town of Los Altos Hills shall enter into and the
Mayor is hereby authorized and directed to execute the above-
described Subdivision Agreement.
Passed and, adopted this 20th day July , 1994.
By `,
/
ATTEST-:
(
City Cl k
PB\MAS\149490PA.W50
07/13/94 SJ .
Am.
Application Account No. 27-94-FM
Project Title Lands of Hoover
Tract No. Parcel Map, Lands of Hoover
TOWN OF LOS ALTOS HILLS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, executed this 20th day of July , 1994,'
by. and between the Town of Los Altos Hills, a municipal corpora-
tion of the State of California ("TOWN") , and the Hoover Living
Trust dated 8/3/77 ("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 Parcel Map, Subdivision of the Lands
of Hoover.
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. SUBDIVIDER agrees that she will construct at her sole
cost and expense within and adjoining said tract, all those cer-
tain improvements shown on the Improvement Plans titled "Plans
for the Improvement of 13820 La Paloma Road" 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 Hoover.
2 . No improvement work shall be undertaken by SUBDIVIDER
until all plans and specifications havebeen 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. '
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3 . SUBDIVIDER agrees that said improvements will be con-
structed under and subject to the inspection of and to the satis-
faction of the. City Engineer.
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 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. Allstructures made non-conforming by the lot lines
created by the subdivision shall be completely removed, to the
satisfaction of the City Engineer, prior to recordation of the
Final Map.
6. Prior' to the execution of this Agreement, SUBDIVIDER
shallfile andsubmit security (in a form approved by Town) to
TOWN as obligee in the penal sum of Forty Thousand. Dollars
($40, 000. 00) , 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. _
7. 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 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 ofthe
security bond.
8 . In the event that SUBDIVIDER fails to perform any obli-
gation on their part to be performed hereunder, SUBDIVIDER. agrees
to pay all costs and expenses incurred by TOWN in securing per-
formance 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 Forty Thousand Dollars
($40, 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.
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10. SUBDIVIDER agrees to pay all costs for labor or •
materials in connection with the work of improvement hereunder.
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'11. 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 war-
ranty inspection of the improvements, repair of any necessary
items, and final acceptance by the City ,.Engineer.
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12 . Prior, to execution of this Agreement,' and at SUB-
DIVIDER'S expense, 'SUBDIVIDER 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
and $250, 000. 00' for property damage in each occurrence) "in
connection with, work performed by, for or on behalf of SUB-
':.DIVIDER. . .. Said"-.policy shall: ' (a) be. issued by an insurance •
company authorized -to transact business in the State -of
California; lb) be written on the Standard California Compre
' hensive .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 -
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..:..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 SUB-
• DIVIDER 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
immediately repay TOWN the premium therefor.
13 . SUBDIVIDER agrees that any general contractor engaged
by the SUBDIVIDER for any work' of improvement under. this- Agree-
ment 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 TOWNat least thirty (30) days' prior
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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 Rela-
tions 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 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, liabili-
ties or damages, known or unknown, to persons or property hereto-
fore or hereafter arising out of or in any way connected with the
performance of work or other obligation to be performed in fur-
therance of 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 its sole expense any
action brought against the TOWN because of issuance of this
entitlement or, in the alternative, to relinquishsuch entitle-
ment. 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 of street monuments, con-
struction water, wet taps, testing and inspection of improve-
ment) . 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 the following sums to TOWN against said costs and
expenses referred to in paragraph 16:
(a) Plan-check and Inspection Deposit $ 5, 000. 00
(b) Final Map Fee $ 0. 00
(c) Right-of-Way Reimbursement Fee $ 0. 00
(d) Improvement Reimbursement Fee $ 0. 00
(e) Water Connection Fee $ 0. 00
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(f) Sanitary Sewer Connection Fee $ 552 . 00
(g) Storm Drain Fee $ 0. 00
(h) Dept of Fish , & Game Filing Fee $ 1,275. 00
(i) Park & Recreation Fee $ 0. 00
(j) Road in Lieu Fee $ 0. 00
(k) Path in Lieu Fee $ 0. 00.
TOTAL $ 6,827. 00
18. Upon completion of the work, and before City Council's
final acceptance thereof, SUBDIVIDER 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.
19 . Any easement or right-of-way necessary for the comple-
tion of any of the improvements required of SUBDIVIDER shall be
acquired by SUBDIVIDER 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, 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 dedica-
tion of the easements (but not the dedication of the street right
of way) offered for dedication on the Parcel Map, provided, how-
ever, that 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 imposed by 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 orarising
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 imperfec-
tions as herein, required,. TOWN may, at its option, do so and
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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, 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 Subdivider
Town of Los Altos Hills Hoover Living Trust Dated
Attention: City Manager 8/3/77
26379 Fremont Road Ida Mary Hoover, Trustee
Los Altos Hills, CA 94022 13820 La Paloma Road
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.
(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 shallbe 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 0- OS ALTOS HILLS
BY: ; v
City Clerk malv
APPROVED AS TO FORM SUBDIVIDER
°A6,
Cit Attorney Hoover Livird Trust dated
8/3/77
By Ida Mary Hoover, Trustee
APPROVED AS TO SUFFICIENCY
By:
CJn. eer
PB\MAS\149490NX.002
07/06/94 SJ
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