HomeMy WebLinkAbout099-84 rr~
~ I~ ~ql--~ ~-~ I
RESOLUTION NO. 99-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
Approval of the Parcel Map, Subdivision MS 25-80
The following documents were presented for Council approval this
date:
The Parcel Map of subdivision MS 25-80, property located in the
Danville area, said map having been certified by the proper
officials;
A Subdivision Agreement with Charles L. Dallas, subdivider,
whereby said subdivider agrees to complete all improvements as
required in said Subdivision Agreement within one year from the
date of said agreement;
Said documents were accompanied by:
I. Security to guarantee the completion of road and drainage
improvements as required by Title 9 of the City Ordinance
Code, as follows:
A. Cash deposit in the amount of $1,000 made by
Charles L. Dallas, President and Secretary of Sunrise
of Danville, Inc.
B. Additional security in the form of a corporate surety
bond dated September 17, 1984, and issued by Indemnity
Company of California (Bond No. 900133S) with Sunrise
of Danville, Inc. as principal, in the amount of
$79,100 for faithful performance and $40,050 for labor
and materials.
II. Letter from the County Tax Collector stating that there
are no unpaid County taxes heretofore levied on the
property included in said map and that the 1983-84 tax
lien has been paid in full and the 1984-85 tax lien, which
became a lien on the first day of March, 1984, is
estimated to be $3,700;
542 San Ramon Valley Blvd. * Danville, CA * 94526 * (415) 820-6337
III. Security to guarantee the payment of taxes as required by
Title 9 of the County Ordinance Code, in the form of a
~ surety bond, No. 900134S, issued by Indemnity Company of
California with Sunrise of Danville, Inc. as princiapl, in
the amount of $3,700 guaranteeing the payment of the
estimated tax;
IV. Deferred Improvement A~reement for improvements on
E1 Pintado Road.
V. Road Association and Maintenance Agreement;
VI. Declarations of Covenants, Conditions and Restrictions
Regarding the Requirements of the San Ramon Valley Fire
Protection District.
NOW THEREFORE BE IT RESOLVED that said subdivision, together
with the provisions for its design and improvement, is
DETERMINED to be consistent with the City's general and specific
plans.;
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this
Council does not accept or reject on behalf any of the streets,
paths, or easements shown thereon as dedicated to public use.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also
APPROVED.
BE IT FURTHER RESOLVED that the City Engineer is authorized to
sign the Deferred Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 15th day of October, 1984, by
the following vote:
AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
~-~ C~PTY CLERK
Origniator= City Engineer
cc: City Engineer
Sunrise of Danville, Inc.
Indemnity Company of California
333 Wilshire
Anaheim, CA 92801
Recorded at the request of:
CONTRA COSTA COUNTY
This box for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: y~¥, 2_~ ~m(:L~ )
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CITY OF DANVILLE OWNER: (See note below)
?eter F. Santina R.C.E. 17397
City Engineer ~ct/,//e, ~'l~ ~/'-- J.Q,q/u~,///.,>-"_ //v~~.
~-. By:
Land Development Division
(NOTE: this document is to be acknowledged
with signatures as they appear on deed
of title. If Owner is incorporated,
signatures must conform with the designated
representative groups pursuant to Corp-
orations Code S313.)
$TATE OF CALIFORNIA On this /7 ~' day of _~ in the year
COUNTY OF ~ &~l~ 19r~ before me
t ~[ ~'~ ~ ~/C~'t~ ,a Notary Public, State of California,
duly commissioned and sworn, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the ~/I~']V~ ~ ~-~-77~ of the corporation
that executed the within instrument, and also known to me to be the
'" ....... ~ ~ - ~ ~.~.,..~ .~ person, who executed the within instrument on behalf of the corpora-
OFFICIAL SEAL -,
, ~,'_~ ALEX O. VOS[C~I~ } teen therein named, and acknowledged to me that such corporation executed
'~ ~ ~~ NOTARY PUBLIC. CALIFORNIA ' the same
! ~ ~N.[~ ~1/] CONTRA COSTACOUNI'Y ~ IN WITNESS WHEREOF I have hereunto set my hand and affixed
% ~"~"-.Clm~ My Comm. Expire~ July 22, 1988
i ~'~'"~"'-~",.~~ m~sTl~the Countyof
l'nis documem is only a general form which may be prol~t for use in simple
~'~'~' ~, .... ~ ~ ~* ~, ~,~ to ~ ......~,,o,o~ ~ on the date se~ ~orth ~aove in ttr13'xcertificate,
~v~ o~ en .tt,~ney, 'the ~u.,,~.~e. cme. nom..e .ny .....~.' ether ex~r ....,m~,le~ se fo No~t!r~/ ~ ~. L ( ~
the legal validity of any ~rovisler~ or the suital~ili~ o[ these forms in any sOec~fic transaction. '
Cowdery's Form No. 28 -- Acknowledgement y Public, State of California
to Notary Public -- Corporation (C. C. Sees. 1190-1190.1) My commission expires ~/~/~
1. PARTIES. Effective on , the City of Danville, hereinafter
~' referred to as ": ty" and ~c~,~.~t~? of ~p,,,~,t~.~ /,x.~. ~,~ ,~c,~~r'c.'~3-~7-
! 1
hereinafter referred to as "Owner" mutually agree and promise as follows:
2. PURP0S[. Owner desires to develop the property he owns as described in
Exhibit "A" attached hereto and wishes to defer construction of permanent improvements,
and City agrees to such deferment if Owner constructs improvements as herein promised.
3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument
affecting the title or possession of the real property described in Exhibit "A". All
the terms, covenants and conditions herein imposed are for the benefit of City and
the real property or interest therein which constitutes the City street system and
shall be binding upon and inure to the benefit of the land described in Exhibit "A"
and the successors in interest of Owner. Upon sale or division of the property described
in Exhibit "A", the terms of this agreement shall apply separately to each parcel,
and the owner of each parcel shall succeed to the obligations imposed on Owner by
this agreement.
4. STREET AND DRAINAGE IMPROVEMENTS:
A. The improvements set forth in this section may be deferred by Owner
and shall be constructed when required in the manner set forth in this agreement.
The deferred improvements required by the City are generally described
on Exhibit "B" attached hereto. Each of said improvements relate to the use, repair,
maintenance or improvement of, or payment of taxes, special assessments or fees on,
the property described in Exhibit "A."
B. When the City Engineer determines that there is no further reason
to defer construction of the improvements because their construction is necessary
for the public health, welfare and safety and/or is necessary to the orderly development
of the surrounding area, he shall notify Owner in writing to commence their installation
~-~ and construction. The notice shall be mailed to the current owner or owners of the
property as shown on the latest adopted County assessment roll. The notice shall
describe the work to be done by Owner, the time within which the work shall commence
and the time within which the work shall be completed. All or any portion of said
improvements may be required at a specified time. Each Owner shall participate on
a pro rata basis in the cost of the improvements to be installed. If Owner is obligated
to pay a pro rata share of a cost of a facility provided by others, the notice shall
include the amount to be paid and the time when payments must be made.
5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments
required by City as set forth herein or as modified by the City Council. Owner shall
cause plans and specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit said improvement plans and specifications
for approval prior to commencement of the work described in the notice and to pay
City inspection fees. The work shall be done in accordance with City standards in
effect at the time improvement plans are submitted for approval. Owner agrees to
commence and complete the work within the time specified in the notice given by the
City Engineer and to notify the City at least 48 hours prior to start of work. In
the event Owner or his successor(s) in interest fails to construct any of the improvements
required under this agreement, City may, at its option, do the work. A lien is hereby
created on all property described in Exhibit "A" for the cost of such work. If City
sues to compel performance of this agreement, to recover the cost of completing the
improvements or to enforce the aforementioned lien, Owner shall pay all reasonable
attorney's fees, costs of suit and all other expenses of litigation incurred by City
in connection therewith, and said attorney's fees, costs and other expenses shall
~.-. also become a lien on the proi rty described in Exhibit "A". If the property described
in Exhibit "A" is subdivided at the time said liens are imposed, the amount of said
liens shall be divided proportionately among the various parcels.
Permission to enter onto the property of Owner is granted to City or its
contractor as may be necessary to construct the improvements covered by this agreement.
6. JOINT COOPERATIVE PLAN. Upon notice by City, Owner agrees to cooperate
with other property owners, the City, and other public agencies to provide the improve-
ments set forth herein under a joint cooperative plans including the formation of
a local improvement district, if this method is feasible to secure the installation
and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth
in any notice to commence installation of improvements, he shall, within 30 days
of the date the notice was mailed, request a review of te requirements by the City
Council. The decision of the City Council shall be binding upon both City and Owner.
8. ACCEPTANCE OF IMPROVEMENTS. City agrees to accept those improvements specified
in Exhibit "B" which are constructed and completed in accordance with City standards
and requirements and are installed within rights of way or easements dedicated and
accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, access
road or other required improvements, to assume responsibility for the proper functioning
thereof, to submit plans to the appropriate City agency for review, if required,
and to maintain said improvements and facilities in a manner which will preclude
any hazard to life or health or damage to adjoining property.
9. BONDS. Prior to City approval of improvement plans, Owner may be required
to execute and deliver to the City a faithful performance bond and a payment bond
in an amount and form acceptable to City to be released by the City Council in whole
or in part upon completion of the work required and payment of all persons furnishing
labor and materials in the performance of the work.
10. INSURANCE. Owner shall maintain, or shall require any contractor engaged
to perform the work to maintain, at all times during the performance of the work
called for herein a separate policy of insurance in a form and amount acceptable
to City.
11. INDEMNITY. The Owner shall defend, indemnify and save harmless the City,
it's officers, agents and employees, from every expense, liability or payment by
reason of injury (including death) to persons or damage to property suffered through
any act or omission, including passive negligence or act of negligence, or both,
of Owner, his developer, contractors, subcontractors, employees, agents, or anyone
directly or indirectly employed by any of them, or arising in any way from work called
for by this agreement, on any part of the premises, including those matters arising
out of the deferment of permanent drainage facilities or the adequacy, safety, use
of non-use of temporary drainage facilities, or the performance or non-performance
of the work. This provision shall not be deemed to require the Owner to indemnify
the City against the liability for damage arising from the sole negligence or willful
misconduct of the City or its agents, servants, or independent contractors who are
directly responsible to the City.
LD.AG. 12MDAN (5.83)
