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Home My WebLink About58-90 410 as y 411 RESOLUTION NO. 58-90 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 8331 (LANDS OF MCCULLOCH) WHEREAS, the City Engineer has examined the proposed Final Subdivision Map entitled Tract No. 8331, Phase II (Lots 1 through 28 ) , and has determined that the said Map is in conformity with a portion of the approved tentative map for Tract No. 8331, 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 Russell B. Carter; 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 Subdivision Map for Phase II of Tract No. 8331. 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 and adopted this 17th day of October , 1990. By Mayor ATTEST: City erk pb\mas\14949003.W50 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into in the Town of Los Altos Hills, County of Santa Clara, State of California, by and between the TOWN OF LOS ALTOS HILLS a Municipal Corporation of the State of California, hereinafter called "TOWN", and MACAR LAND COMPANY, INC., a .California Corporation, and STONEBROOK CIRCLE ASSOCIATES, a California Limited Partnership, hereinafter collectively called "SUBDIVIDER", WITNESSETH: WHEREAS, SUBDIVIDER has heretofore filed with TOWN a Final Subdivision Map for the division of certain real property in the Town of Los Altos Hills, which said Map is designated "TRACT NO. 8331 BEING A RESUBDIVISION OF TRACT 8200, BOOK 604 OF MAPS PAGES 19 THROUGH 24, SANTA CLARA COUNTY RECORDS- LYING ENTIRELY WITHIN THE TOWN OF LOS ALTOS HI ILS, SANTA CLARA COUNTY,CALIFORNIA" to which reference is more particularly made (hereinafter called the "MAP") and has, requested that the same be approved by the City Council of said TOWN; and WHEREAS,_'SUBDIVIDER has offered for dedication to TOWN those certain easements as delineated in the Conditions of Approval, as amended, for the Subdivision; and WHEREAS, the City Council has heretofore on October 17 1990, by Resolution No. 58-90 , approved the MAP and by said Resolution has required that SUBDIVIDER agree to improve said easements and make and install certain other public improvements within said Subdivision; .and • WHEREAS, the approval of the MAP is conditioned upon the execution by SUBDIVIDER of this Agreement, NOW, THEREFORE, in consideration of the approval of the Map, SUBDIVIDER and TOWN agree as follows: A. SUBDIVIDER agrees to furnish, construct and install at his own expense, all improvements as required by Chapter 1 of Title 9 of the Los Altos Hills Municipal Code, or as amended, and as shown on the Improvement Plan of said Subdivision, and as required on the Tentative Map and the Conditions of Approval for the Tentative Map, as amended, for said Subdivision and approved by Resolution No. 107-88 on October 5, 1988. B. SUBDIVIDER has furnished and delivered to TOWN, pursuant to the requirements of Chapter 5 of Division 2 of Title 7 of the Government Code of California and to guarantee performance of construction of the improvements described in Paragraph A a Faithful Performance Bond in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000). C. SUBDIVIDER agrees to repair, replace, restore or rebuild all improvements as required by Chapter 1 of Title 9 of the Los Altos Hills Municipal Code, or as amended. D. SUBDIVIDER shall indemnify and hold harmless TOWN, its officers, employees andagents from any and all liability, damages, claims or causes of action for injury to person or persons, or damage to property which may arise out of, or occur by reason of the performance of work in furtherance of this Agreement by SUBDIVIDER, including all costs and attorney fees incurred in defending any claim arising as a result thereof. E. Immediately prior to commencement of the improvement work described in Paragraph A, SUBDIVIDER shall furnish and deliver to TOWN a certificate showing that SUBDIVIDER has such public liability and property -2- S damage insurance insuring SUBDIVIDER against any loss or liability of any kind or nature whatsoever which may arise during the performance of, or which may result from any of the work herein required to be done by SUBDIVIDER, including all costs of defending any claim arising as a result thereof. Such policy shall be in an amount of at least One Hundred Thousand Dollars ($100,000.00) for the death or injury to any one person in any one accident or occurrence, in the amount of at least Three Hundred Thousand Dollars ($300,000.00) for the death or injury of more than one person in any one accident or occurrence, and in an amount of at least One Hundred Thousand Dollars ($100,000.00) for property damage including third party property damage, in any one accident or occurrence. Said policy shall remain in full force and effect until this Agreement shall be fully performed and shall state by its terms or by an endorsement thereof that said policy shall not be cancelled until the TOWN shall have at least thirty (30) days notice in writing of said cancellation. A contractual liability endorsement shall be added to each insurance policy extending coverage to include the liability assumed in Paragraph D above. THE TOWN OF LOS ALTOS HILLS MUST NOT BE NAMED AS AN ADDITIONAL ASSURED. F. SUBDIVIDER agrees to perform all of the work required by Paragraph A on or before May 1, 1991; provided, however, that TOWN may extend the time within which TOWN work and improvements shall be completed if TOWN shall determine that the granting of such extension will not be detrimental to the public welfare. No extension will, be made except on the basis of a written application made by SUBDIVIDER stating fully the grounds and facts relied upon by it for such extension. G. The City Engineer shall inspect all of the improvements made -3- • pursuant hereto to determine that they comply with all TOWN regulations. SUBDIVIDER shall pay to TOWN the cost of such inspection in the manner provided for in Chapter 1 of Title 9 of the Los Altos Hills Municipal Code, as amended. H. SUBDIVIDER further agrees: 1. To perform such maintenance of all of the improvements with in the Subdivision as may be required by the TOWN for a period of two (2) years after final acceptance of the Subdivision improvements by TOWN. 2. To guarantee all Subdivision improvements for a period of two (2) years after acceptance thereof by the TOWN against defective workmanship or defective materials. The covenants of this Paragraph H shall be included within the obligation of the improvement security filed as provided in Paragraph B. I. If the SUBDIVIDER fails to complete the improvements described in Paragraph A within the time specified, or any extension thereof, or if SUBDIVIDER should be adjudged a bankrupt, or make a general assignment for the benefit of its creditors, or if a receiver should be appointed in the event of its insolvency, or if SUBDIVIDER, or any contractor employed by it, should violate any of the provisions of this Agreement, TOWN may serve written notice upon SUBDIVIDER of its intention to terminate this Agreement, such notice to contain the reasons therefor, and, unless within five (5) days after the serving of such notice, such violation shall have ceased and satisfactory arrangements for the correction thereof shall have been made, this Agreement may, at the option of the TOWN, upon the expiration of said time, cease and terminate. In the event of such termination, TOWN shall immediately serve written notice thereof upon the SUBDIVIDER and TOWN -4- • • may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUBDIVIDER, who shall be liable to the TOWN for the cost thereof and for any excess cost or damage occasioned to TOWN thereby; and, in such event, the TOWN without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the SUBDIVIDER as may be on the site of the work and necessary therefor. J. All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notice required to be given to CITY shall be addressed as follows: Town of Los Altos Hills Town Hall 26379 Fremont Road Los Altos Hills, CA 94022 Notice required to be given to SUBDIVIDER shall be addressed as follows: Macar Land Company, Inc. Stonebook Circle Associates by J. Lohr Properties, Inc. Provided that any party may change such address by notice in writing to the other party and thereafter notice shall be addressed and transmitted to the new address. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. -5- 0 GENERAL ACKNOWLEDGMENT NO.201 C/.11-c.l�-1.1.1.llll./_/11lJfl�././_,.1.lf�.l./.l./.l�./.! l./-/.1.11t./.1.11.1...1.././.l!✓t.1.1�.l./✓1.1f.1✓ /././././✓l./I././.lCIlt.,:/:/-.Clf-/-1 e. n 19 9 D,before me, �� State of � ' / On this the day of r o County of Ili (/ }ss. Jac /4, Or �ivnr9 o the undersigned Notary Public,personally appeared 0 o /452-nv e-g. V 0t..1 �og/s/v/.4 tit- 0 personally known to me 0 0 !,-�,(1 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) /5 subscribed to the 0�, -� OFFICIAL SEAL t within instrument,and acknowledge that executed it. 0 4 ;',.�. -.{ JANE A. McKINNA N WITNE y hand41/ and official se 0 •' . .n NOTARY PUBLIC-CALIFORNIA t• 6 � m r; SANTA CLARA COUNTY �� °�. 0 .. k •t{ My comm.expires Nov.18,1991k o \� °t-r•r7-ri-e•r�•��•�•a.•r.t�•t-t•r�•t-r.-rt :fr otary's Sig.ture 0 V.11l./l✓l!J.-././-/!./!1./. lr./t-/ll././!./!✓././-,-�llll^11.1.1././/./✓.,!-.-1.r./-!./../1.1t./Y./-l-/-/1-/-/✓✓11'l-�ll�llll-J�l./---/lllJ 7110-122- - - - - - NATIONAL NOTARY ASSOCIATION/8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 GENERAL ACKNOWLEDGMENT - NO.201 6l✓./�./-/' ✓-/-/.l 7"/Y1./.l!✓.1.1./Y./1�tlJ!./!./-/-/-/_'/./-/.l./l�./!l.-/,.l./.1.1.1./.Y.�Jl�1./l./.l�./I-/.l�.�./el1.1./.lflir�./ll�.l✓.l_.0C//.., 0 / r, / 0 On this the day of Jt//wt 19 yd,before me, State of ' Ss. J/tAbr- , = Q o 6 ' 4�`' i Ain,4 County of/ rsigned Notary Public,personally appeared 0 0 PS S�- - -„,. 0 0 El personally known to me 0 proved to me on the basis of satisfactoryevidence 4.-2.• ,,� to be the person(s)whose name(s) I S subscribed to the 0 •!.•t t:sss...�,t' / executed it. 0 `I _: OFFICIAL SEAL t- within instrument,and acknowledg d that :, . JANE A. McKINNA ;Q NOTARY PUBLIC-CALIFORNIA 1- WITN :y, han/ and official se . 1 A\24...e..:„._`ilk'' SANTA CLARA COUNTY // 0 My comm.expires Nov.18,1991 0 •0 �°l�°•rt rte•: otary's Sig . re - 1 l V.l..r!!./.l✓.llll../.Y.lJlJ�✓.../11.lJ1.1t./✓1!✓lll./lI./l../lt�r`.l•/1./1llJ✓llJlll./l./ll1.l�111..Y11.11./lllJ.11✓...rl�lllll!!J NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 711U-1?° l' This Agreement will not be assigned without the prior written consent of TOWN. IN WITNESS WHEREOF, the Town of Los Altos Hills has caused this Agreement to be executed to the authority of Resolution No. 5190 adopted by the City Council of the Town of Los Altos Hills on the 17th day of october , 1990, and SUBDIVIDER has caused this Agreement to be executed as follows: By TOWN on the /7 ' day of a c d , 1990; and By SUBDIVIDER on the day of , 1990. TOWN OF LOS ALTOS HILLS, A Municipal Corporation • BY ATTEST: MAYOR (TOWN) CITY CL MACAR LAND COMPANY, INC. A California Corporation, BY • • . .. STONEBROOK CIRCLE ASSOCIATES, A California Limited Parntership, • ArnCopaio Californiarortion,• BY _ .1,u_ . CENER r P ' NRR 021990 (SUBDIVIDER)