HomeMy WebLinkAbout068-98RESOLUTION NO. 68-98
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 8062, LAWRENCE ESTATES - UNIT III,
LOCATED ON THE WEST SIDE OF LAWRENCE ROAD NORTH OF CULET
RANCH ROAD
WHEREAS, Pulte Home Corporation, 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 Califomia 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 5, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
OWNER'S STATEMENT
~ UNDERSIGNED, BEING THE PARI1ES HAVING A RECORD 111LE INTEREST IN 11~E LANDS
DELINEAED AND EMBRACED 'At'THIN THE HEAVY BLACK LINES UPON ~HIS MAP. DO HEREBY
CONSENI TO THE MAKING AND REC(RDATION C~' THE SAME; ANO DO HEREBY DEDICATE TO
THE TOWN O~ 0ANV~LL~, EASEMENTS FOR PUBLIC STREET AND UI1Ul'V PURPOSE, SHOWN
HEREON AS LAWRENCE ROAD, CULET 01t1%/[ AND BENJAMIN LANE.
THE AREA D~gONATEO AS 'PUBLIC U11UTY EASEMENT' OR 'P.U E.° 15 DEDICATED TO 114E
PUDUC fOR PUBLIC UTILITIES, INCLUOING CONSfitUCI1ON, ACC!~SS OR MAINTENANCE O~r
WORKS, IMP~O~'[MENTS. OR S~RUCllJRES, R~4EIHER COV[R~EO OR OPEN, OR 11-1E CLEARING
(3F OeS1RUC'I1QNS OR VEGETATION UNDER. UPON. OR OVER SAIO EA~MENT.
~ AREA DESIGNAED AS 'ProVAlE STORM DRAIN EASEMENT' OR 'P.S D.E.' IS SPECIFICAllY EXCLUDED
JCHN p KARL~:SI(NB ~.
PATRICIA J. KARLESKIND
OWNER'S ACKNOWLEDGEMENT
8[r0Rf. ME,
ARY PUBLIC IN AiD FOR SAI0 STATT:. PERS43NALLY APP[AREO
OG~O TO ME mAT HE/S~E:/1HEy EXECUTEO ~ SAM~ tN HIS/HER/tHEm AUTHORIZED
II~q~ql~O~lES), ANO mAT BY I~S/~ER/I~EIR SIGNAIUR((S) ON ~ INSIRUM~NT 1HE PERSON(S)
SUBDIVISION 8062
LAWRENCE ESTATES - UNIT III
BEING A RESUBDIVISION 0[ PARCEL
AS SHOWN ON PARCEL MAP MS 81-77 (59 PM 37)
TOWN OF OANVILLE CONIRA COSTA COUNTY CALIFORNIA
dk ASSOCIATES, Inc.
CIVIL ENGINEERING-PLANNING-SURVEYING
1440 MARIA LANE SUITE 200
WALNUT CREEK. CALIFORNIA 94596
FEBRUARY. 1998
PW~CT
VICINITY MAP
BENEFICIARY STATEMENT
ACKNOWLEDGEMENT
PERSONALLY KNOWN TO ME. (OR PROVICO TO ME ON THE BASIS O~ SATIS-fACTORY EMO[NCE),
TO 8[ 1HE P[RSCN(S) VR~OS~ NAME(S) IS\ARE SUBSCRIBED TO IH[ ~R1HIN INSTRUMENt ANO
ACKNDWt.[DGED TO ME 11.IAT HE/SHE/IH[Y EXECUTED IH~ SAME IN HIS/HER/THEIR AUIHOR1Z[D
Y
CAPACIT~I[S), ANO THAT 8 ~S/HER/lI-I[IR SIGNAIIJR[(S) ON 11.1E INSIRUMENT 1HE leq~RSQN(S)
OR 11( ENtiTY tIPOR BEHALF OF NCH IHE PERSON(S) ACI~O, EXECUTED TH[ INS1RUMENT.
IIN[SS MY HAND
9GNA/URE:
PRINTED NAIl[:
NOTARY PUBLIC IN ANO FOR THE COUNTY
STATE OF CALIFORNIA
MY COMMISSION E3d:qRES:
COUNTY DE PRINCIPAL BUSINESS;
OPTIONEE'S STATEMENT
THE UNOERSIONED, AS OPllONE[ UNOER ~ MEMORANDUM OF OPI1ON
AGREEMENT FOR PURCHASE AND SALE. RECORO[D NOVEMBER 14. 1897.
SERIES NUMBER gT-22242B Or OrFIC1AL RECORDS, CONIRA CO STA COUNTY,
ODES HEREBY JOIN IN AND CONSENT TO 114E [XEOU11ON Or 114[ FOREGOING
OtR4ER'S STATEMENT AND TO THE RECORDAllON Or IHIS MAP AND ALL
DECD{NG AND DEDICAROMS
PUt, TE HOME CORPORAtiON. A MRCHICAN CORPORATION
ACKNOWLEDGEMENT
STAIT Or CAUFORNIA )
COUNrf Or )
A NOTARY PUBUC IN AND FOR SAN) STAleD I~RSONALLY APPEAlIt'D
PLrRSONALLY KNO~ TO Mr,, ({311 PROVEO TO ME ON I~ BASIS Of SATISFACTORY
TO B~ IH[ KRSON(S) I~AOS[ NAME(S) IS\ARE $Uee~JDBEO TO 1H~ ~11.1N NSIRUMt'NT
ACKNC)t~,EOG~D TO M~ IHAT H[j~3~/1H[Y [X[CUIF, D IH[ ~ IN m/H[R/1H[IR AUlItORI/t"R
CAPACITY(IES), AND 1HAT BY HIS/H[R/1HEIR gGNA1UR[(S) ON 114( NSIRUMENT
OR I1.1( EN'RTY UPON 8[HALF Or NCH 114E PERSON(S) ACI[0, [X[CU1[D 114( INS1RUM[NT.
WITNESS MY HAND
PgtNIt'D NAM[:
NOTARY PUgUC iN ANO FOR THE COUNTY OF
STATE Of CN,,FORNIA
MY COMMISSION (XRR[S:
CO UNIY Or IqtlNClPAL BUSIkI[SS.
8oS2CS0wC 96-t010-21 SHEET ! ~ 3
i I
SUBDIVISION IMPROVEM. ENT AGREEMENT
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville,
County of Contra C0sta, 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 improvementi
identified on improvement plans prepared by the Subdivider, approved by the City Engineer on
April 10, 1998 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:
street paving, curb and gutter. sidewalk, trail, storm drainage facilities and all related
appurtenances.
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 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 stricte~ requirements shall
govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shaH,
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 of $ 95,000.00 which together total $100,000.00 which is one hundred percent (100%)
of the estimated cost of the work. Such additional security is presented in the form of:
__ Cash, Certified Check, Cashier's Check or Certificate of Deposit. x Acceptable Corporate Surety Bond.
__ Acceptable Irrevocable Letter of Credit.
With this security, the Subdivider guarantees performance under this Agreement and
maintenance of the work for one year after its completion and acceptance against any defective
Exhibit 2
SUBDIVISION IMPROVEMENT AGREEMENT
workmanshipor materials or any unsatisfactory performance,
B, For payment: Security in the mount Of$ 50:000~00 of Which is fifty percent
(50%) of the estimated cost of the work. Such security is presented in the formof:
Cash, Certified Check, Cashie~:'s:Check or Certificate Of DepoSit
x Acceptable Corporate Surety Bond
Acceptable-Irrevocable, Letter of Credit ·
With this security, the Subdivider guarantees payment to the Contract0r, tohis
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:
x Cash, Certified Check, Cashiers Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptablelrrevocable 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 ascompleteI by the Town Council and upon request
of the Subdivider, the amount of the improvement Securities may be reduced in accordance with
Section 3 1 - 11.16 a. of the Danville Municipal Code.
4. GUARANTEE AND WARRANTY OF'~WORK. 'Subdivider guaranteesihat said work
shall :be free from defects in material or workmanship and shah 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
rephce, 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 ESTABLISHMENT WORK.~ :Not applicable
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans
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SUBDIVISION IMPROVEMENT AGREEMENT
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 pan 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 bene~ted 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 from any
Page 4 of 5
SUBDIVISIONIM'PROVEMENT AGREEM'ENT
negligentI 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 the~by. ,.
10. SURVEYS. Subdivider shall set and establish survey monuments in accor~l!ance with the
filed map and to the satisfaction of the City Engineer.
1 l. 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 bylcontract or otherwise, and
Subdivider agrees to pay all costs andch~ges 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 oflitigation incurred by:To, wn 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 Engineera complete setof the original tracings
of the improvement plans for the subdivision (including allrevisions thereto).
13. RECORDsMAP. In consideration hereof, Town shall allow Subdivider-to file and
record :the 'Final Map or Parcel Map for Said Subdivision.
Appmved as to Form:
City ;Attorney~I Date
Attachments: :: Securities required
1) Performance and Guarantee
2)
3)
................. $95,000.00 + $5~0~.00:(cash)
Payment ...............................................$50,000.00
'Legal ..... : ...........................................$10,000.00
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