HomeMy WebLinkAbout043-91RESOLUTION NO. 43 -91
APPROVING THE SUBDIVISION MAP AND AGREEMENT
FOR SUBDIVISION 7073
WHEREAS, Jeff Yeh is the Subdivider of said subdivision; and
WHEREAS, Subdivider has requested Town Council to approve said Subdivision Map and
Agreement; and
WHEREAS, the Subdivision Map and Agreement complies with standards set forth in the
California Subdivision Map Act and Danville Town Ordinances; and
WHEREAS, Subdivider has now complied with all Conditions of Approval established by
the Town Planning Commission for the subject subdivision; and
WHEREAS, this subdivision lies within the corporate limits of the Town of Danville; now,
therefore, be
RESOLVED, by the Town Council of the Town of Danville that this Subdivision Map and
Agreement is hereby determined to be consistent with the Town's General and Specific
Plans; and be it
FURTHER RESOLVED, that this Subdivision Map and Agreement is hereby approved and
the City Clerk and City Engineer are hereby authorized and directed to execute the same
on behalf of the Town.
APPROVED by the Danville Town Council at a Regular Meeting on February 19, 1991,
by the following vote:
AYES: Greenberg,
NOES:
ABSTAINED:
ABSENT:
Lane, Ritchey, Schlendorf, Shimansky
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO FORM:
SUBDM SION IMPROVEMENT AGREEMENT
Subdivision Name: SUBDM SION 7073
Council Action: \=X ~cJ5 X=X=t \ Completion Date:
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
Steven C. Lake
City Engineer
R.C.E. 31870
Expires 12/92
SUBDM DER: (Nmme and Title)
Signature
Printed Name
Address
Phone
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures
must conform with the designated representative groups pursuant to Corporations
CodeS313.)
***ATTACHED TO "SUBDIVISION IMPROVEMENT AGREEMENT" for SUBDIVISION 7073***
STATE OF CALIFORNIA )
)SS.
COUNTY OF CONTEA COSTA )
On this 18thday of JANUARY
for said County and State, personally appeared
,1991, before me, the undersigned Notary Public in and
JEFF YEH
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
N , Notary Public in and for said County and State
, 0 ARY PUBLIC - ~LIFOR~
Form 984A -- Gen;&F ~g~wT~d6~eSC .... '
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville,
County of Contra Costa, California, hereinafter called "Town," and the named Subdivider,
mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Approval
established by the Town Planning Commission and shall construct and install those
improvements identified on improvement plans prepared by the Subdivider, approved by
the City Engineer on January 10, 1991 and kept on file in the Town offices of
Development Services. The general nature and description of the work and
improvements to be constructed and installed are as follows: half street paving, curb and
gutter, drainage facilities and all related appurtenances on the north side of La Gonda Way
along this subdivision frontage.
Subdivider shall complete said work and improvements (hereinafter called "work")
within the above completion period from date hereof as required by the California
Subdivision 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 Town Ordinance Code and rulings made thereunder;
and where there is a conflict between the improvement plans and the Town Ordinance
Code, the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider
shall, pursuant to Government Code S66499, and the Town Ordinance Code, provide as
security to the Town:
A. For Performance and Guarantee: $ 1000.00 cash, plus additional security,
in the amount of $ 49,000.00 which together total $ 50,000.00 which is 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.
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 $ 25,000.00 of which is fifty
percent (50%) of the estimated cost of the work. Such security is presented in the form
of:
Cash, Certified Check, or Cashier's Check
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the contractor, to his
subcontractors, and to persons renting equipment or furnishing labor or materials to
them or to the Subdivider.
C. For legal costs: Security in the amount of $ 10,000.00 Such security is
presented in the form of:
Cash, Certified Check, or Cashier's Check
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the Town of Danville
for legal and other costs associated with enforcing this subdivision agreement or in
compelling performance or recovering the security under this agreement.
D. Upon acceptance of the work as complete by the Town Council and upon
request of the Subdivider, the amount of the securities may be reduced in accordance
with Section 94-4.406 and Section 94-4.408 of the Ordinance Code.
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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 Town 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 Town street system.
5. PLANT ESTABHSHMENT 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 Town 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
Town 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 TOWN. Inspection of the work and/or materials, or approval of
work and/or materials or statement by any officer, agent or employee of the Town
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
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obligation to fulfill this agreement as prescribed; nor shall the Town 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 benefitted and protected by this promise are the Town and
its special district, elective and appointive boards, commissions, officers, agents and
employees.
B. The liabilities protected against are any liability or claim for damage of any
kind allegedly suffered, 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 unforeseeable at any time before the Town 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 causing liability are any act or omission (negligent or
non-negligent) in connection with the matters covered by this Agreement and attributable
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 specifications(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 Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including
inspections thereof 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 Town 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 Town 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
Town (including, but not limited to: engineering, inspection, surveys, contract, overhead,
etc.) immediately upon demand.
Once action is taken by Town to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the Town, even if Subdivider subsequently completes
the work.
Should Town 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 Town in connection
therewith, even if Subdivider subsequently proceeds to complete the work.
12. AS-BUILT PLANS. Before acceptance of the improvements by the Town 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, Town shall allow Subdivider to file and
record the Final Map or Parcel Map for said Subdivision.
City Attorney Date
Attachments: Securities
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