HomeMy WebLinkAbout066-97 RESOLUTION NO. 66-97
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR MS 854-95 (MICHARDI), LOCATED AT 20 DUSTIN LANE
WHEREAS, Michael M. Michardi and Barbara L. Michardi, subdivider of said subdivision, has
requested the Town of Danville approve said Subdivision Map and Subdivision Improvement
Agreement; and
WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply with
standards set forth in the California Subdivision Map Act and Danville Municipal Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established by the
Town of Danville for the subject subdivision; and
WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are consistent with
the Town's General Plan; now, therefore, be it
RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement appended
hereto as Exhibits 1 and 2 respectively, are hereby approved and Town staff is hereby authorized
and directed to execute the same on behalf of the Town.
APPROVED by the Danville Town Council at a Regular Meeting on May 20, 1997, by the
following vote:
AYES: Doyle, Waldo, Arnerich, Greenberg, Shimansky
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR ~J
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
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SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: PARCEL MAP SUBDIVISION MS 854-95
Council Action: June 3. 1997 Completion Date: June 3, 1998
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLESUBDIVIDER:
mio Oq, c'nor hci, c k. m
Subdividers printed name
Steven Lake
City Engineer Signature
R.C.E. 31870 Expires 12/3112000 Printed Name & Title
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the
designated representative groups pursuant to Corporations Code section 313.)
(This area for official notary flags. All Sulxlivider signatures must be properly notarized in acoardance with Civil Code section
1180. The name and titles of the people signing the documents must be listed on the notary flag.)
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EXHIBIT.2
SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE. Effr~ve on the dam of Council action, the Town of Danville, County
of Contra Costa, C, alifomia, 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 a Town of Danville
standard street light with underground service along Diablo Road at the Dustin Lane intersection.
Subdivider shall complete said work and improvements (hereinafter called "work") within the
above completion period fi'om date hereof as required by the California Subdivision Map Act
(Govenm~nt Code section 66410 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
of Danville Municipal Code and rulings made thereunder;, and where there is a conflict between the
improvement plans and the Town Municipal Code, the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government C. xxle section 66499, and the Town of Danville Municipal Code, provide as
security to the Town:
A. For Performance and Guarantee: $ 5.000.00 cash, plus additional security, in the
amount of $1,000.00 which together total $ 6,000.00 which is one hundred percent (100%) of the
estimated costof the work. Such additional security is presented in the form of.'
Cash, Certified Check, Cashier's Check or Certificate of Deposit.
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 $ 3.000.00 of which is fifty percent (50%)
of the estimated cost of the work. Such security is presented in the form off
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
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SUBDIVISION IMPROVEMENT AGREEMENT
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 $1,500.00. Such security is presented
in the form of:
~ Cash, Certified Check, Cashier's Check or Certificate of Deposit
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 improvement securities may be reduced in accordance with Section
31-11.16 a. of the Danville Municipal 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 Town Council accepts the work as complete in accordance with
Section 31-11.16 of the Danville Municipal 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 ESTABLISIIMENT WORK. Subdivider a~,ce.s te, p,~,fr,,n plant cstablishmclU
work for hi~lseaphag installed under this ag,,~cmcnt. Said plant establishment work shall consist of
adt. xtaat~ly wats, lag ptmlts, tcplaclng unsuitabl~ plants, doh~g weed, rodent and other pest coia, ol
a.id other work dct¢,.fitled by tit City Englaccr to b~ ncc~ssa. y to h~sm6 cstablisha,cat of phiits.
Said plant establishmeat work shall Ic~ p,~,fo,~ncd fen a period of one (1) year fion, and
aft~, the Town Count;1 acc~Fts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider wan'ants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required by the
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SUBDIVISION IMPROVEMENT AGREEMENT
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
iDndeqDnte. ill 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 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 indemnifies benefited and protected by this promise are the Town and its 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 fi'om any
negligent or wilLFul misconduct of any Indemnity.
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SUBDIVISION IMPROVEMENT AGREEMENT
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.
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
incre'red 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 the original tracings of
the 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.
Approved as to Form:
City Attorney Date
Attachments: Securities required
1) . Performance and Guarantee .................. $1,000.00 + $5,000.00 (cash)
2) Payment ................................................ $3,000.00
3) Legal .................................................. $1,500.00
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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[] personally known to me - OR - [~~proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)y/are
subscribed to-the within instrument and
acknowledged to me that hc/she/they
executed the same in his/I,erAheir authorized
capacitydes), and that by his/her/their
........ ' .... - signature(s) on the instrument the person(s),
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Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
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DATE OF DOCUMENT
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SIGNER IS REPRESENTING:
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