Loading...
HomeMy WebLinkAbout18-89 } • • RESOLUTION NO_ 18-89 A RESOLUTION APPROVING FINAL PARCEL MAP AND APPROVING AND AUTHORIZING EXECUTION OF PARCEL AGREEMENT FOR LANDS OF ELMBERG RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, the City Council having examined the proposed Final Parcel Map described as PARCEL MAP Being a portion of Lot 73, as shown on that certain map entitled "Map of the Subdivision of Lot 2 and part of Lot 1 of Taaffe Partition in the Rancho 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 having determined that the said Map is in conformity with the requirements of Chapter 1 entitled "Subdivision" of Title 9 of the Los Altos Hills Municipal Code; and WHEREAS, the City Council having read and considered that certain Subdivision Agreement between the Town of Los Altos Hills and Jack F. Elmberg and Carol A. Elmberg. NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED, as follows: 1. The City Council of the Town of Los Altos Hills hereby approves the above-described Final Parcel Map and accepts on behalf of the public any streets, roadways, ways or easements offered for dedication and delineated on the Map. • S 2. The Town of Los Altos Hills shall enter into and the Mayor and City Clerk of the Town of Los Altos Hills be, and they and each of them are hereby authorized and directed on behalf of said, respectively to execute and attest the above-described Subdivision Agreement. REGULARLY passed and adopted this :1st day bf-February, 1989. BY MAYOR ATTEST: CITY CLERk 121488 -2- • • SUBDIVISION IVISIO N AGRE EIIIIENT 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 "TOWN", calledand JACK F. ELMBERG and CAROL A. ELMBERG, hereinafter called "SUBDIVIDER", WITNESSETH: WHEREAS, SUBDIVIDER has heretofore filed with TOWN a Parcel Map for the division of certain real property in the Town of Los Altos Hills, which said Map is designated PARCEL MAP Being a portion of Lot 73, as shown on that certain map entitled "Map of the Subdivision of Lot 2 and part of Lot 1 of Taaffe Partition in the Rancho La Purissima Concepcion" recorded in Book 'H' of Maps, at Pages 7b & 77, Santa Clara County records and lying within the Town of Los Altos Hills, 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 February WHEREAS, the City Council has heretofore on 'mist, 1989, by Resolution No. 18-89 ,.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. 94-86 adopted July 2, 1986. 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 Seventy Thousand Dollars ($70,000). 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 and agents 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 -2- certificate showing that SUBDIVIDER has such public liability and property 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) 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 infull 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 February 1, 1990; 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. -3- S • G. The City Engineer shall inspect all of the improvements made pursuant hereto to determine that they comply with all TOWN regulations. SUBDIVIDER shall payto 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 -4- • immediately serve written notice thereofupon the SUBDIVIDER and TOWN 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: Jack F. Elmberg Carol A. Elmberg • 3764 W. Commodore Seattle, Washington 98199 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. This Agreement will not be assigned without the prior written consent of TOWN. -5- • • IN WITNESS WHEREOF, the Town of Los Altos Hills has caused this 18-89 Agreement to be executed to the authority of Resolution No. / adopted by the City Council of the Town of Los Altos Hills on the 1st day of February 198 9 and SUBDIVIDER has caused this Agreement to be executed as follows: By TOWN on the day of December, 1988; and by SUBDIVIDER on the ,day February of JanufTy71989. TOWN OF LOS ALTOS HILLS, a Municipal Corporation BY MAYOR (TOWN) ATTEST: CITY CLERK JACK F. ELMBERG CAROL A. ELMBERG (SUBDIVIDER) 121488 -6-