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HomeMy WebLinkAbout22-98 411 • 411 RESOLUTION NO. 22-98 ' RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND JOHN T. VIDOVICH, KATHY A. TOMAINO, MARY JANE VIDOVICH, AND MICHAEL A. VIDOVICH WHEREAS, the City Council of the Town of Los. Altos Hills has read and considered that certain Subdivision Improvement Agreement between the Town and John T. Vidovich, KathyA. ("Agreement") Tomaino, Mary Jane Vidovich, and Michael A. Vidovich. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows : 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above . 2 . The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich, and Michael A. Vidovich. PASSED AND ADOPTED this 15th day of April , 1998 : B Y' Mayor ATTEST: City Clerk 3\lah\res\vido-sia.res I\ • • • Application Account No. 140-97-FM Project Title Lands of Vidovich Tract No. 8872 , Lands of Vidovich TOWN OF LOS ALTOS HILLS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, executed this 15th day of April, 1998, by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California ("TOWN") , and JOHN T. VIDOVICH, KATHY A. TOMAINO, MARY JANE VIDOVICH, and MICHAEL A. VIDOVICH (collectively, "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 Tract Map No. 8872 , Subdivision of the Lands of Vidovich. B. Said map shows certain streets and easements which are offered for dedication for public use. AGREEMENT 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 they will construct at their sole cost and expense within and adjoining said tract, all those certain improvements shown on the Improvement Plans titled "Improvement Plans Quarry- Hills Tr. 8872" consisting of thirty-six (36) 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 Vidovich. 1 3\lah\re\vidovich.sia . • • • 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 CityEngineer.. 4 . SUBDIVIDER agrees that they will construct said improvements in accordance with the requirements set forth in said "Improvement Plans Quarry. Hills Tr. 8872" 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 . The existing house and structures on Lot 4 near the subdivision entrance made non-conforming by the lot lines created by the subdivision shall be completely removed, to the satisfaction of the City Engineer, prior to the acceptance of subdivision improvements as complete by the City Engineer and by the City Council and prior to issuance of building permits within the subdivision (with the exception. of Lot. 11) . All other non- conforming structures within-the subdivision shall be removed prior to recordation .of the. -Final- Map. 6 . 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 One Million Six Hundred Ninety-Four Thousand Seven Hundred Forty-One Dollars ($1, 694, 741) , 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 theCityEngineer 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 of the security bond. 2 3\lah\re\vidovich.eia • • • • 8 . In the event that SUBDIVIDER fails to perform any obligation on their part to be performed hereunder, SUBDIVIDER agrees to pay 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 . 9 . Prior to the execution of this Agreement, SUBDIVIDER shall . .file .andsubmit. security. (in a form approved by Town) to TOWN, as obligee, in the penal sum of One Million Six Hundred Ninety-Four Thousand. Seven Hundred Forty-One Dollars- ($1, 694, 741) , 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. 10 . SUBDIVIDER agrees to pay all costs for labor or materials in connection with the work of improvement .hereunder. 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. Thismaintenance/warranty security shall be released_..afterthe.. warranty inspection . of : the .- improvements, .recommendation for acceptance by the City Engineer, and final acceptance of the improvements by the City Council . 12 . Prior to execution of this Agreement, and at SUBDIVIDER'S expense, SUBDIVIDER shall provide TOWN with a 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 $1, 000, 000 . 00 for each person and $2 , 000, 000 . 00 for each occurrence and $500, 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 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 of cancellation or coverage reduction; (e) provide 3 3\lah\re\vidovich.sia r . • • • • 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 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 immediately repay TOWN the premium therefor. 13 ... 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 Certificateshall 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, thatthe full 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; or • b. In full force and effect, a. Certificate of Consent to..Self-Insure. issued 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 full force and effect and that the SUBDIVIDER orits 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, 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 or other obligation to be performed in furtherance of this Agreement, including, but not limited to, all costs and attorneys ' fees incurred in defending any claim arising as a result thereof . 4 3\lah\re\vidovich.eia • • • 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 relinquish such entitlement . 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 of their obligation under this condition. 16 . SUBDIVIDER agreesto 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, construction water, wet taps, testing and inspection of improvement) . 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 $ 35, 000 . 00 b. Final Map Fee $ -0- c. Right-of-Way Reimbursement Fee $ -0- d. Improvement. Reimbursement . Fee $ -0- e. Water Connection Fee $ -0- f. Sanitary Sewer Connection Fee $ -0- g. Storm Drain Fee $ 53 , 518 . 50 h. Fire Hydrant Fee $ -0- i . Park & Recreation Fee $ -0- j . Road in Lieu Fee $ -0- k. Path in Lieu Fee $ -0- 1 . Attorneys' Fee Deposit $ 5, 000 . 00 5 3\lah\re\vidovich.sia • • • • m. Landscape Maintenance Deposit $ 20 , 000 . 00 TOTAL $113 , 518 . 50 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 completion 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 they 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 anycondemnation award and damages (including :all...costs...awarded insaideminent domain proceedings) . SUBDIVIDERfurtheragrees that prior to the institution of any eminentdomain 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 dedication of the public right of way and easements offered for dedication on the Parcel Map, provided, however, thatas a conditionprecedent to.. said initialacceptance, 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 or arising 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 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 above. 6 3\lah\re\vidovich.sia • • 411 • • 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 .. Notices.:. 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 John T. Vidovich, et al . Attn: City Manager c/o De Anza Properties 26379 Fremont Road 920 W. Fremont Avenue Los Altos Hills, CA 94022 Sunnyvale, CA 94087 b.. If a notice givenhereunderis served by mail, and withina givennumber ofdays 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. 7 3\lah\re\vidovich.eia • • 26 . 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 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: TOWN OF LOS ALTOS HILLS B :( B :� . City Clerk Mayor APPROVED AS TO FORM SUBDIVIDER Ci f Attorney J T. VIDOVICH APPROVED AS TO SUFFICIENCY KATHY A . T9 AINO • By: // MARY '1N V DOVICH C' '+�l r •ng ineer � -- _ _ MIC AEL A. VIDOVICH 8 3\lah\re\vidovich.sia