HomeMy WebLinkAbout003-98RESOLUTION NO. 3-98
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 7566 (FALK) LOCATED ON THE WEST SIDE
OF EL PINTADO NEAR LOGAN LANE
WHEREAS, Kiper Development Inc., 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 January 20, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
/ _, a3__ROVED AS To I ORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
~ATI~'A~TO~q~ ~ TO ~,~ ~'H~ PERSON(S) WiK)$E H~dJ£(S
SUBDIVISION~ 7566
LDT 32, UAP OF RANCHO EL RIO, RECORDED IN BOOK 2 OF IdAP~, P, AG~ ~
TOWN OF* DANVILLE:, CONTRA COSTA COUNTY, CALIFORNIA
DAVID B. HOP
CIVIL ENGINEER
DA/qVl7,,~, CALIFORNIA
SEPTEMBER, 1997
Cm' O..EI MD EX-OFRaO C~l(
APN 200-230-002
Exhibit 1
~ 1 OF 3
I"= 100'
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DETAIL 'D'
DETNL 'E'
'SUBDIVISION 7566
LOT 32, MAIl' OF RANCHO El. RIO, RECORDED IN BOOK 2 OF MAPS, PAGE 4,8
TOWN OF DANVILLE. CONTRA COSTA COUNTY, CALIFORNIA
DAVID B. HOP
i CML ENGINEER
DAN¥1I,~, CALIFORNIA ,
/~ : SEPTEMBER, 1997
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LOT 5
55.056 $.Y. NET
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SUBDIVISION .7566
LOT 32, MAP OF I~I~ICH? El. RIO, RECORDED IN BOOK 2 OF MAP~, PAGF 4~
TOWN OF DANVILLE. CONTRA COSTA COUNTY. CALIFORNIA
DAVID B. HOP
CML ENGINEER
'SEPTEMBER, 1997
( 12~T.2.Y 1)
212.T/~
LOT 4
DETAIL 'A"' DE"rNL
200-2.30-002-4
sCALE 1"- ~0'
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SHEi'T 3 OF 3 SX~'TS
SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: Subdivision 7566
Council Action: 1/20/9t3 Completion Date: //20/a.o oO.
TI-IE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLE SUBDIVIDER:
Steven Lake
City Engineer
R.C.E. 31870 Expires 12/31/2000
Kiper Development Incorporated
by: Kick Kiper, Presidefit & Owner
by:
4125 Blackhawk Plaza Circle, Suite 203
Danville, CA 94506
Phone: 510 648-8888
(NOTE: All Subdivider(s) 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 flag~. All Subdivider ~ignatures must be properly notarized in accordance with Civil Code section
1 lg0. The name and titles of the people signing the documents must be listed on the notary flag.)
************************************************************
Exhibit 2
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SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE: Effective on the date of Council action, the Town o£Danville~
County of Contra Costa, California, hereinai~er 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
October 28, 1997 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:
widening of E! Pintado and installation of storm drainage pipe and facilities.
Subdivider shall complete said work and improvements (hereina~er called "work") within the
above completion period from date hereof as required by the California Subdivision Map Act
(Government 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 Code 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 o£$120~000.00 which together total $125.000.00 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, Cashier's Check or Certificate of Deposit.
Acceptable Corporate Surety Bond.
X 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
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SUBDIVISION IMPROVEMENT AGREEMENT
defective workmanship or materials or any unsatisfactory performance.
B. For payment: Security in the amount of $ 62,500.00 of which is fifty percent
(50%) of the estimated cost of the work. Such security is presented in the form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
X 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, Cashier's Check or Certificate of Deposit
~ Acceptable Corporate Surety Bond
x 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.
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SUBDIVISION IMPROVEMENT AGREEMENT
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 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 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 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
4 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
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.
11. NON-PERFORMANCE AND COSTS: IfSubdivider 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.
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SUBDIVISION IMPROVEMENT AGREEMENT
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:
l)
2)
3)
Securities required
Performance and Guarantee ................ $120,000.00 + $5,000.00 (cash)
Payment ...............................................$62,500.00
Legal .................................................$10,000.00
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