HomeMy WebLinkAbout036-2021DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-860666176691
RESOLUTION NO. 36-2021
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 9544, LOCATED AT 134 EL DORADO AVENUE
WHEREAS, HD El Dorado LLC, 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 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 July 6, 2021, by the
following vote:
AYES: Arnerich, Fong, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
DocuSigned by:
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MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigned by:
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Einedby:
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CITY ATTORNEY CITY CLERK
ATTACHMENT A
Op.Sign Envelope ID A677050 8-4 881,4362-A2BF-880686178 891
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DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B06B617BB91
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Subdivision Name: 134 El Dorado - Subd 9544
Council Action:
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Completion Date:
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO;
Steven Jones
City Engineer
R.C.E. Expires 6/30/2022
Subdividers
Signature
wt
i
Printed Name & Title
Address
i OA.
Phone:
(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.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M * * * * * * * * * * * * * * * * * * * *
(This area for official notary flags. All Subdivider signatures must be properly notarized in accordance 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
DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B066617BB91
VISION IMP:ROYEn
NT AGREEMENT
1. PAR'nES84, »ATE. Effective on the date of Council action, the Town ofDanville, County
of Contra Costa, California, hereinafter called "Town," and the n. ed Subdivider, mutually promise
and agree as follows concerning this subdivision:
2. IMPROVEM.ENTS. 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
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:
Public,' and Private routpavin, pe iousycr ddvvy. con etwb, 4llJJ1i al PYZU:IttP1",
gorn) rai 'pomp Rep ts 1 othqup purtql
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 stricter requirements shall
govern.
3. MPROVEMENF 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. fpriP,,grfortaaapp and Guarartee $ 5,000 cash, plus additional security, in the amount
of $ 45,087 which together total $ 50,087 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.
Acceptable Irrevocable Letter of Credit.
With this security, the Subdivider guarantees perfo ance 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 perfo ance.
B. Fot wyjnot: Security in the amount of $ 25,043 of which is fifty percent (50%) of
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DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B066617BB91
.t5UBDIVIS ON IMPROVEMENT AGRKI1FN1
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
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 leggsgsts: Security in the amount of $ 10,000. Such security is presented in
the o of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit
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 perfo ance
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. P1 ,ANT ESTARLISIIIMENT WORK. Subdivider agrees to perfo 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.
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DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B066617BB91
SUBDIVISION IMPROVEMENT AGREEMENT
6. IMPROV EMENT PLAN WA RR AN TV; 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 'FOWtN. 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 te s and conditions hereof.
8. IN DEM N ITY. 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 ployees.
B. The Itabilnjes_ 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 caysinsikaililLit 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. N ott-CA1p di ti on s: 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
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DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B066617BB91
SI 1131)IV 'SION 1 M P14( )VEM 1 FA
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. If Subdivider fails to complete the work within
the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, Town
may immediately declare Subdivider in default of this Agreement. Immediately upon a declaration
of default, Subdivider, and any Surety having posted security pursuant to Section 3, shall be liable to
the Town for all costs and charges incurred by the Town (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) in completing and/or maintaining the work.
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- t 1LT P1 ANS 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.
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DocuSign Envelope ID: A67705DB-4BBD-4362-A28F-8B066617BB91
SUBDIVISION IMPROVE
Approved as to Fo
City Attorney
Date
AGREE'.
Attachments: Securities required
1) Perfo ance and Guarantee $ 45,087 + $5,000.00 (cash)
2) Payment
3) Legal
.$ 25,043.00
.$10,000.00
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