HomeMy WebLinkAbout015-86RESOLUTION NO. 15-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
APPROVING FINAL MAP AND SUBDIVISION AGREEMENT
FOR SUBDIVISION 6699
The following documents were presented for Council approval this
date:
A Final Map of Subdivision 6699, said map having been certified
by the proper officials;
A Subdivision Agreement with Far West Associates, 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 $8,510.00 made by
Far West Associates.
B.
Additional security in the form Corporate Surety
Bond dated February 12, 1986 and issued by
Fireman's Fund Insurance Company with Far West
Associates as Principal, in the amount of
$851,000.00 for faithful performance and
$425,500.00 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 1985-86 tax
lien has been paid in full.
III. The recordation of the Final Map shall occur only after
the conditions in the agreement between the Blackhawk
Corporation and the City of Danville dated
19 are met and the subdivision is annexed by EBMUD.
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;
542 San Ramon Valley Blvd. * Danville, CA * 94526 * (415) 820-6337
BE IT FURTHER RESOLVED that said Final Map is approved and
this Council does not accept or reject on behalf of the public
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.
PASSED, APPROVED AND ADOPTED this 20th day of February, 1986, by
the following vote:
AYES: Kennett, Lane, #cNeely, Offenhartz, Schlendorf
NOES: None
ABSTAIN: None
ABSENT: None
Mayor
ATTEST:
L O~ty Clerk
FOUNDERS TITLE comPelfly
3000 CLAYTON ROAD · CONCORD, CALIFORNIA 94522-1086 · PHONE (415) 687-7880
February 12, 1986
Mr. Steven Lake
City Engineer
City of Danville
Danville, CA
Re: Subdivisions 6196 and 6699
Dear Mr. Lake:
This is to certify that Founders Title Company is the escrow
agent for Blackhawk Corporation and Far West Associates, the
seller and buyer, respectively, of the property lying within
Subdivisions 6196 and 6699.
We have been instructed that these maps are to be recorded
only upon recordation of the deed from Blackhawk Corporation
to Far West Associates and are to be recorded concurrently
with the deed.
We have also been instructed that as part of the escrow we
will fund to the City $720,600 in accordance with the agree-
ment between Blackhawk and the City.
Founders Title Company will not issue the Subdivision Guarantee
to theContra Costa County Recorder until we have complied
with these instructions.
Sincerely,
Diane Zap~c
Vice President
DZ/kb
COUNTY OF CONTRA COSTA)
On this 12th day of February 1986., before me
Teri E. Diaz, a Notary Public of the State of California, duly
commissioned and sworn, personally appeared Doyle D. Heaton,
personally known to me to be the President of the corporation
that executed the within instrument on behalf of said
corporation, said corporation being known to me to be the
General Partner of the limitedpartnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as the General Partner of Far West Associates Ltd.,
a limited partnership and that such partnership
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL
cos )
l., ER, E. D,^Z
'~ j"~ NOTARY PUBLIC- CALIFORNIA i
~1 ~,-~'d['~,~ CONTRA COSTA COUNTY I
I ,4~ MyComm Exp,res'prfi3.1989 ),
~t
:'E OF CALIFORNIA, )
SS.
ITY OF CONTRA COSTA )
_his 12th day of February , 19 86 , before me, Teri E. Diaz,
:e of ualifornia, duly commissioned and sworn, perscna!!y appeared
Paul R. Baldacci Jr.
a Notary Public of the
x personally known to me
__ proved to me on the basis of satisfactory evidence to be the person
who executed the within instrument as general partner on behalf of
Far West Associates, Ltd.
)
thelimited partnership that executed the within instrument and
acknowledged to me that such limited partnership executed the same.
. ~,.,.,,-.-~ OFFICIAL SEAL
~, ~,,~,~ TERI E. DIAZ
~' l~' ~L'~::~'~' NOTARY PUBLIC- CALIFORNIA )
~!-%,.~--~II CONTRA COSTA COUNTY !
( ,:~[~ M, Co,..,.E~o,,.,.,,.,,3.,gB9
Witness my hand and official seal
LIC in an~r said State
SUBDIVISION AGREEMENT
(Guvernment Code S66462 and S66463)
-'- (S1) Subdivision: TR 6699 (S2) Effective Date:
(S1) Subdivider: FAR WEST ASSOCIAT~$2) Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CITY OF DANVILLE
Steven C. Lake,
City Engineer
By:~~j
v ,
SUBDIVIDER: (Name and Title)
ASSOCIATES,
Paul f. E~ldacci Jr., ~en. Partnej r
Delco B~lders & Developers, Inc., G.P.
Doyle H~a~%on, President
(NOTE: All"tignatures to be acknowledged.
If Subdivider is incorporated, signatures
must conform with the designated representative
groups pursuant to Corporations CodeS313.)
~f
(This area for official notary flags. All signatures must be properly notarized
in accordance with Civil Code Section 1180. The names and titles of the people signing
the documents must be listed on the notary flag.)
1. PARTIES & DATE. Effective on the above date, the City of Danville,County
~-~ of Contra Costa, California, hereinafter called "City," and the above-named Subdivider,
mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both
public and private), drainage improvements, signs, street lights, fire hydrants,
landscaping, and such other improvements (including appurtenant equipment) as required
in the improvement plans for this subdivision as reviewed and on file with the City
Engineer and in conformance with the City of Danville Ordinance Code (including future
amendments thereto).
Subdivider shall complete said work and improvements {hereinafter called
. '%vork") within the above completion period from date hereof as required by the California
S~?division Map Act (Government Code SS66410 and following), in a good workmanlike
manner, in accordance with accepted construction practices and in a manner equal
,'" or superior to the requirements of the City Ordinance Code and rulings made thereunder:
and where there is a conflict between the improvement plans and the City Ordinance
Code, the stricter requirements shall govern.
f'--~
3. IMPROVEMENT SEcuRITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government Code $66499, and the City Ordinance Code, provide as security
to the City:
A. For Performance and Guarantee= $ 8,51o.oo cash, plus additional
security, in the amount of $ ~sl,oou.uu which together total one hundred percent
(100%) of the estimated cost of the work. Such additional security is presented
in the form of=
Cash, certified check, or cashier's check.
7~
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees performance under this Agreement
and maintenance of the work for one year after its completion and acceptance against
any defective workmanship or materials or any unsatisfactory performance.
· B. For Payment: Security in the amount of $ ~?s soo oo , which is fifty
percent (50%) of the estimated cost of the work. Such secur(ty )s presented in the
form of=
Cash, certified check, or cashier's check
SJCIC
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees pa~Inent to the contractor,
to his subcontractors, and to persons renting equipment or furnishing labor or materials
to them or to the Subdivider.
C. Upon acceptance of the work as complete by the City Council and upon
request of the Subdivider, the amount of the securities may be reduced in accordance
with Sg4-4.406 and Sg4-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall
be free from defects in material or workmanship and shall perform satisfactorily
for a period of one (1) year from and after the City Council accepts the work as
complete in accordance with Article 96-4.6, "Acceptance", of the Ordinance Code.
Subdivider agrees to correct, repair, or replace, at his expense, any defects in
said work.
The guarantee period does not apply to road improvements for private roads
which are not to be accepted into the City street system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work
shall consist of adequately watering plants, replacing unsuitable plants, doing weed,
rodent and other pest control and other work determined by the City Engineer to be
necessary to insure establishment of plants.
Said plant establishment work shall be performed for a period of one (1)
year from and after the City Council accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required
by the Conditions of Approval for the Subdivision. If, at any time before the City
Council accepts the work as complete or during the one year guarantee period, said
improvement plans prove to be inadequate in any respect, Subdivider shall make whatever
changes are necessary to accomplish the work as promised.
7. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval
of work and/or materials or statement by any officer, agent or employee of the City
indicating the work or any part thereof complies with the requirements of this Agreement,
or acceptance of the whole or any part of said work and/or materials, or payments
therefor, or any combination or all of these acts, shall not relieve the Subdivider
of his obligation to fulfill this agreement as prescribed; nor shall the City be
thereby stopped from bringing any action for damages arising from the failure to
comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities
from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the City
and its special district, elective and appointive boards, commissions, officers,
agents and employees.
B. The liabill ;s protected against are any 1 ility or claim for damage
of any kind allegedly suffe,.e'd, incurred or threatened because of actions defined
below, and including personal injury, death, property damage, inverse condemnation,
or any combination of these, and regardless of whether or not such liability, claim
or damage was unforseeable at any time before the City reviewed said improvement
plans or accepted the work as complete, and including the defense of any suit(s),
action{s) or other proceeding(s) concerning said liabilities and claims.
. C. The actions caustnq liability are any act or omission (negligent or ':~
non negligent) in connection with the matters covered by this Agreement and attri-
butable to the Subdivider, contractor, subcontractor or any officer, agent or employee
of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not
conditioned or dependent on whether or not any indemnity has prepared, supplied,
or reviewed any plan(s) or specification(s) in connection with this work or subdivision,
or has insurance or other indemnification covering any of these matters, or that
the alleged damage resulted partly from any negligent or willful misconduct of any
I nd emn i ty.
g. COSTS. Subdivider shall pay when due, all the costs of the work, including
inspectionst-~'h'e'reof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance
with the filed map and to the satisfaction of the City Engineer before acceptance
of any work as complete by the City Council.
11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within
the time specified in this Agreement, and subsequent extensions, or fails to maintain
the work, the City may proceed to complete and/or maintain the work by contract or
otherwise, and Subdivider agrees to pay all costs and charges incurred by the City
(including, but not limited to: Engineering, inspection, surveys, contract, overhead,
etc.) immediately upon demand.
Once action is taken by City to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the City, even if Subdivider subsequently completes
the work.
Should City sue to compel performance under this Agreement or to recover
costs incurred in completing or maintaining the work, Subdivider agrees to pay all
attorney's fees, and all other expenses of litigation incurred by City in connection
therewith, even if Subdivider subsequently proceeds to complete the work.
12. AS-BUILT PLANS Before acceptance of the improvements by the City Council,
the Subdivider {or his Engineer) shall furnish the City Engineer a complete set of
acceptable 35mm microfilm copies of the original tracings of improvement plans for
the subdivision (including all revisions thereto).
13. RECORD MAP. In consideration hereof, City shall allow Subdivider to file
and record the Final Map or Parcel Map for said Subdivision.
LD.AG.30DAN
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA)
SS
On this 12th day of February 1986 , before me
Teri E. Diaz, a Notary Public of the State of California, duly
commissioned and sworn, personally appeared Doyle D. Heaton,
personally known to me to be the President of the corporation
that executed the within instrument on behalf of said
corporation, said corporation being known to me to be the
General Partner of the limited partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as the General Partner of Far West Associates Ltd.,
a limited partnership and that such partnership
executed the same.
WZ ESS MY OFFZCZAL
/~. '~,~ ~ /\~,
NOTARY PUBLIC I~D FOR SAID STATE
STATE OF CALIFORNIA ) SS
t,...--:-~ OFFICIAb SEAL )
~/~'r.~ '[[RI E. DIAZ >
~'~ NOTARY PU;3LIC - CALIFORNIA )
_ - ,%
, /:?-c~ct~.~ OFFICIAL SEAL /
>t ~:~:~-~ CHRISTINE A PRim i
":~': Y · ,,p' es OCI 16, 1987 i(,
· ~- ...... .-=-.~
Ohl$ document is o~y a general fo~n w~lcfl may be pro~d~ for use in slm~ trans-
actions anti in no way acts, or is i~ltefi(:ie~ Io act, as a suDstltute Icq' tt~ ad',,ice of an
attorney. The OuOtls,'le~ (~oe$ no~ rnaK® am/warranty, eltraerr express Or I,'nDINKI. as Io
the legal ValiUm/of any prmAs4on or the sultahlmy ol these lotres in any ~meclf)c
tTanuctlon
Cowdery's Form No. 24--(Acknowledgment to Notary
Public-Attorney in Fact) (C.C. Sec. 1181, 1192.)
~FA'I E Ok' £ ALIFORNIA,
ee
$S.
County of Contra Costa
On this i 2th day of F(=k)rl~ary ~n the year
1 986 beforeme C hri sti no A. Pri ~n
a Notary Public, State of California, duly commissioned and sworn, personally appeared
James C. Jenkins , personally known to me Ior proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the attorney in fact of
Fireman' s Fund Insurance Company
and acknowledged to me that __ he subscribed the name __of
Fireman's Fund Insurance Company
thereto ~1~X2f,_, and h J-sown name as attorney in factf~
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
in the Confra C~s~6 u~nty of Ca ] ~ fo~ // on the date
set , rth ahove in ':? / ) i /
Notary Public, State of California.
My Commission Expires 10 / 16 / 87