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HomeMy WebLinkAbout57-90 RESOLUTION NO. 57-90 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ,LOS ALTOS HILLS APPROVING FINAL PARCEL MAP FOR LANDS OF VARSANYI WHEREAS, the City Engineer has examined the proposed Final Parcel Map entitled Lands of Varsanyi and has determined that the said Map is in conformity with the tentative map for Lands of Varsanyi, approved by the City Council on June 7, 1989, 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 Karl and Margit Varsanyi; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. . The City Council of the Town of Los Altos Hills hereby approves the above-described Final Parcel Map for Lands of Varsanyi. Section 2 . 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 andadopted this 17th day of October , 1990. By ''• Mayor ATTEST: City C erk PB\MAS\1494904D.W50 111 • DRAFT PB\MAS\14949005.w50 4/10/90/SC Project/Agency Fund Account No.. (1) Project Title LANDS OF VARSANYI TOWN OF LOS ALTOS HILLS PARCEL MAP IMPROVEMENT AGREEMENT THIS AGREEMENT, executed this II) day of Ob6f .) I 19 , by and between the Town of Los Altos Hills, a municipal corporation of the State of California, (hereafter referred to as "TOWN") and Karl K. & Margit Varsanyi, husband & wife, 12631 Miraloma Way, Los Altos Hills, California 94022 (hereafter referred to as "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 LANDS OF VARSANYI. Being a portion of Lots 4 and 5 as shown on that map entitled "Map of the Margarita Tract," recorded in Book F-3 of Maps, at Page 35, Santa Clara County Records, and lying within the Town of Los Altos Hills, CA. B. Said map shows certain streets and easements which are. offered for dedication for public use. 1 Il / • • • , ' DRAFT 'PB\MAS\14949005.W50 4/10/90/SC 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 it will construct at its sole cost and expense within the adjoining said tract, all those certain improvements listed in the Improvement Plan consisting of . one sheet and specifications approved by said City Council on 0 ti-• t 7J)79O and required by Chapter 1 of Title 9 of the Los Altos Hills Municipal Code and required by the conditions of approval for the tentative map for said tract. 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 to be 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. 4. SUBDIVIDER agrees that it 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 2 • DRAFT PB\MAS\14949005.W50 4/10/90/SC li or adopted by said City Councilas amended or revised as of the date hereof, and governing statutes of the State of California or of the United States of America. 5. 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 same 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. 6. •on the execution of this Agreement, SUBDIVID shall file and submit a -curity bond to TOWN as obl ' • - in the penal sum of Ten Thousand Dollar . 10,00. se , conditioned upon the full and faithful perform a of eac .f the terms, covenants and conditions of t ' Agreement and conditioned. - •n the full and faith 'performance of any and all improvement work ='uired SE k- A.T7A-c-V%0- hereunder. ^^ D i•i IkA 7. In the event that SUBDIVIDER fails to perform any obligation on its part to be performed hereunder, SUBDIVIDER agrees topay 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. 3 • • • • DRAFT PB\MAS\14949005.W50 4/10/90/SC KV) 8 . U. the execution of this Agreemen UBDIVIDER shall file and submit a. ,-curity bond to TO,'.. , as obligee, in the penal sum of Ten Thousand Dolla • , 000.00) , inuring to the benefit of any contractor, hi ubcontra ors and to persons renting . equipment or fu ishing labor or materials to them for the cost of labor - - s materials furnished in connects- with any and all impr. ement work required hereunder. S g7rALJfEI� AiJDEN D A tI 9. SUBDIVIDER agrees to pay all costs for labor or materials in connection with the work of improvement hereunder. 10. An aithful perfo.; -nce bond required hereunder shall be reduced to ten .erce. (10%) of the security's original value for one (1) year - er the date of final completion and initial acceptance o said work to if ill the one-year maintenance _ SEE / R7TRClIEb guarant period for said impro ents. �► A'DD D wig 11. Upon execution of this Agreement, and at SUBDIVIDER's expense, SUBDIVIDER shall provide TOWN with a duplicate public general liability insurance policy with endorsements showing the TOWN as additional insured which insures TOWN, its officers and employees 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 SUBDIVIDER. 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 4 Sec: iv-gr-e-- i i-ri I�w DRAFT PB\MAS\14949005.W50 4/10/90/SC 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 ofcancellation or coverage reduction; (e) provide that it is full primary coverage so that said TOWN, its officers and employees have other insurance coverage so that said TOWN, its officers and employees shall not be precluded from claim against other insured parties thereunder; (f) provide that said 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 forthwith repay TOWN the premium therefor. SL(— 1-1°-re: f}-j'-C-AGI-F ) 12. 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 5 5?€ A-1-T"ActlE0 4DDo1Pti#1 411 411 DRAFT PB\MAS\14949005.W50 4/10/90/SC 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; SEG A//, 4 TACI4En hOeNPWVI or (b) In full force and effect, a Certificate of Consent to Self-Insureissued 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 force f rce 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. a le ATE A.-rTT-Ac} D A- ve-ND/4M 13. SUBDIVIDER agrees to indemnify and save harmless TOWN, City Council, City Engineer or any other officer or employee 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 in furtherance of this Agreement, including all costs and attorneys' fees incurred in defending any claim arising as a result thereof. 6 • • DRAFT PB\MAS\14949005.W50 4/10/90/sc 14. SUBDIVIDER agrees to pay all costs and expenses • incurred by TOWN in connection with said 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) . SUBDIVIDER shall maintain Project/Agency Fund for this purpose with additional deposits as required by TOWN. 5E-E. ,1.A RTTAC1c---�. Pel 7A4 15. Upon the execution of this Agreement, SUBDIVIDER .agrees to remit the following sums to TOWN against said costs and expenses referred to in paragraph 14: (a) . Plan-check and Inspection Deposit $1, 600 (b) Final Map Fee 750 (c) Sanitary Sewer Connection Fee to be paid to City of Los Altos (d) Storm Drain Connection Fee 400 (e) Parksite Fee 3 ,213 TOTAL 0 $5,963 16. 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. 17. Any easement or right-of-way necessary for the completion of any of the improvements required of SUBDIVIDER shall be acquired by SUBDIVIDER at its sole cost and expense. In 7 • ' DRAFT PB\MAS\14949005.W50 4/10/90/SC the event that eminent domain proceedings are necessary for the acquisition of any easement or right-of-way, SUBDIVIDER agrees that he 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. 18. TOWN will accept on behalf of the public, the dedication of the streets and easements- offered for dedication, and will supply water for sale to and within said subdivision, provided, however, that as a condition precedent to said initial acceptance and to supplying water, SUBDIVIDER shall perform the covenants, terms and conditions of this Agreement. 19. SUBDIVIDER hereby irrevocably offers to convey title of the water and sanitary sewer mains and lines, and appurtenances constructed in or for said subdivision to TOWN. Upon final acceptance of said improvements by TOWN, said title will be deemed to be accepted by TOWN in the event that title has not previously passed to TOWN by operation of law. • 8 • • DRAFT PS\MAS\14949005.W50 4/10/90/SC 20. SUBDIVIDER agrees to comply with all requirements set forth on Exhibit(s) (35) (attached hereto, hereby referred to and made a part hereof) . 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 said 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 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 in paragraph 6. 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, its heirs, administrators, executors, successors, 9 J 411 DRAFT PB\MAS\14949005.W50 4/10/90/SC assigns and transferees and to the TOWN, its successors and assigns. 24. Nothing contained in this Agreement shall be construed to be .a waiver, release or extension of any provision heretofore required byordinance, resolution or order of the City Council of the TOWN. WITH EXCEpi I DN/ / As LI step 6N R-Frac-Ren P ip0 Dan 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. All comments presented by SUBDIVIDER hereunder shall be subject o approval of the City Attorney as to form. J . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TOWN OF LOS ALTOS HILLS By . Mayor AT City Clerk 10 0 • ADDENDUM TO TOWN OF LOS ALTOS HILLS PARCEL MAP IMPROVEMENT AGREEMENT See point #6 & 8: Subdivider agrees to pay to the Town of Los Altos Hills, a sum of $6,000 (Six Thousand Dollars) as a refundable security deposit, which covers items in both sections (#6 7 #8)of this agreement. See points #11,#12, #13 Contractors performing the work will be responsible for complying with these sections. • greed: Karl K. Varsanyi Agreed: Town of Lo's Altos Hills e • , ' (c IlQ& :' i o app re ___L ' signature INDIVIDUAL ACKNOWLEDGMENT i. ' : No.201 tll./,"--C../1✓!✓ll✓'lCl✓./.C.C..".l.'./ Y✓✓1.././.l./l✓✓✓✓./.l!././../.l✓l./✓.l✓1././.l✓.l./.l✓.1.1✓./././l./!l✓✓✓.l./../✓1.11ll✓./. SCC,/.././1,� SState of Q�` � � P� On this the \\ day of ��� 19 9 efore me, o County of �—. "� ,}SS. A a S o the undersigned Notary Public,personally appeared o `1 • — 0 o �C`� _� ��,vr- rw,x�_ . ,w '.0.; ,...�N..�.' :'- ❑ Personally known to me 0 uOFFICIAL SEAL o -.::-.. (,) CEUA SANTANA • ; loved to me on the basis of satisfactory evidence 0NOTARYPUBLIC-cAUFORNIA .1 (to be the persons)whose names) 'S subscribed to the 0SAh7A CLARA COUNTI, My commission expires Mar.6.1392 �I within instrument,and acknowledged that_ � executed it. � \..• ~..N.\.•'�'�s,\ ,........,..-N—, ,v'` -.Av.` WITNESSran and official eal : -_") ' Notary's Signature ll8 0 ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document`\ l' l G `��v �(RJ:\ L 110.5 41�,� \Y�\\i 0 Title or Type of DocumentTHIS CERTIFICATE Y ;Lev ‘, Pr\A R "'"c3'%6-.) v"ti 5:\.k.c, o MUST BE ATTACHED Number of Pages `a Date of Document ‘0 'k-'-- T b 0 TO THE DOCUMENT 0 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above n�'1' -' 0 ./l./I./✓ll✓1.1./.l-../ll./l✓l././l./1.1J✓.l./✓...lJ.1.11./✓✓l./l✓./.1.1✓lI./✓.l✓.Y./l✓✓l../1.11././J✓./l✓l././I.l✓./.l✓1./✓.l✓.l✓.lI.�J� iloim /100-010 © NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,GA 913047184 4