The URL can be used to link to this page

Home My WebLink About24-89 • • • RESOLUTION NO: 24-89 A RESOLUTION APPROVING FINAL PARCEL MAP AND APPROVING AND AUTHORIZING EXECUTION OF SUBDIVISION AGREEMENT FOR LANDS OF LOTUS INVESTORS 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 entitled "Parcel Map Being portions of Lot 6 ant Lot 7 as said Lots are shown on that certain Map entitled "Map of the Subdivision of Lot 3 of the Taaffe Partition in the Rancho La Purissima Concepcion" and recorded in Book "I" of Maps at Pages 70 and 71, Santa Clara County Records, and a portion of that certain parcel of land described as "Parcel 4" in the Final Order of Condemnation No. P-1724 recorded in Volume 6801 of Official Records at Page 342, Santa Clara County Records, Town of Los Altos Hills, Santa Clara County, 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 Mayurendra P. Vikramsingh, an unmarried woman, NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED, as follows: • • I. 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. 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 15th day of February, 1989. MA ATTEST: (;) CITY CLER 020889 -2- • 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 MAYURENDRA VIKRAMSINGH, an unmarried woman, hereinafter called "SUBDIVIDER", WITNESSETH: WHEREAS, SUBDIVIDER has heretofore filed with TOWN a Subdivision Map for the division of certain real property in the Town of Los Altos Hills, which said Map designated des' nated "PARCEL MAP Being portions of Lot 6 and Lot 7 assaid lots are shown on that certain map entitled "Map of the Subdivision of Lot 3 of the Taaffe Partition in the Rancho La Purissima Concepcion", and recorded in Book "I" of Maps at Pages 70 and 71, Santa Clara County Records, and a portion of that certain parcel of land described as "Parcel 4" in the Final Order of Condemnation, No. P-7124 recorded in Volume 6801 of Official Records at Page 342, Santa Clara County Records, Town of Los Altos Hills, 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 ill • • WHEREAS, the City Council has heretofore on February 15 1989, by Resolution No. 24-89 , approved the map; WHEREAS, it appears that SUBDIVIDER has to improved said easements and has made and installed 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.who has furnished, constructed and installed at her 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. 84-88 on August 17, 1988, agrees to maintain and guarantee the improvements described herein in accordance with Paragraph 4 of this Agreement. The parties further agree that SUBDIVIDER has performed the noise and visual mitigation work required by Condition No. 17 as amended. 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 maintenance of the improvements described in Paragraph A cash in the amount of Two Thousand Three Hundred and Three Dollars and Thirty Cents ($2,303.30). 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, -2- • • • 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 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 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. (No paragraph bearing this letter.) -3- • • G. The City Engineer shall inspect all of the improvements made 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. • I. 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: Mayurendra P. Vikramsingh 26131 Elena Road — — Los Altos Hills, CA 94022 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 -4- 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. IN WITNESS WHEREOF, the Town of Los Altos Hills has caused this Agreement to be executed to the authority of Resolution No. 24-89 adopted bythe CityCouncil o f the Town of Los 15th Altos Hills on theday of February , 1989, and SUBDIVIDER has caused this Agreement to be executed as follows: By TOWN on the 16th day of February , 1989; and by SUBDIVIDER on the 15th day of February , 1989. TOWN OF LOS ALTOS HILLS, a Municipal Corporation / BY M . : ' (TOWN) ATTEST: CITY CLER URENDRA VIKRAMSINGH 020889 -5- (SUBDIVIDER)