HomeMy WebLinkAbout2054_001.tif 201.8-0024937
Recorded REE FEE .38.00
Official Records
County of CONFORAIED WRY 0.00
Mai-it-,
RICHARD N. LiENSON
RECORDING REQUESTED BY: Assessor.Recorder
County Clerk
Town of Tiburon
08:00AM 13.-Jul-4018 Page 1. of 9
AND WHEN RECORDED MAIL TO:
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Attention: Director of Community Development
AP # 039-151-64
THIS SPACE FOR RECORDERS USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
(This document may be signed in counterpart)
Sarhangi-Wu Minor Subdivision
138 and 142 Rock Hill Road
Tiburon,Marin County, California
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this Qgkday of 3 U yt , , 201$by
and between Caryn Wu and Amir Sarhangi, as Trustees of the Sarhagi-Wu Living Trust dated
June 20, 2016 (hereinafter"Subdivider"), and the Town of Tiburon, a municipal corporation of
the State of California(hereinafter"Town").
WITNESSETH
WHEREAS, Subdivider has presented to the Town for approval a parcel map entitled "Parcel
Map Lands of Sarhangi-Wu" and the map has been filed with the Town Clerk for presentation to
the Town Council for its approval, which map is hereby referred to and incorporated herein; and
WHEREAS, Subdivider, pursuant to Chapter 14 of the Tiburon Municipal Code, has presented
to Town improvement plans prepared by Firma Design Group, entitled "138 Rock Hill Drive
APN 039-151-55 Site and Landscaping/Irrigation Construction Documents", consisting of- -
sheets, dated Am Ks+ 1 , , 201-77, outlining thereon the improvements to be constructed
by Subdivider within the Subdivision (hereinafter"Improvement Plans"), which plans are on file
and available for public inspection during business hours at the Town Planning Division; and
WHEREAS, said improvements and any other improvements required by Chapter 14 of the
Tiburon Municipal Code or by this Agreement will not be completed before the filing of the
parcel map of said Subdivision; and
WHEREAS, Chapter 14 of the Tiburon Municipal Code requires Subdivider to enter into an
agreement with Town agreeing to have said improvements and work completed within the time
specified in said agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Subdivider agrees that prior to the expiration of two (2) years from the date of this
Agreement, it will construct all improvements outlined and set forth on the Improvement
Plans and all other improvements required of it to be constructed by the provisions of
Chapter 14 of the Tiburon Municipal Code, in effect as of the date of filing of the parcel
map application for this project, within and for the benefit of the Subdivision. Town may
grant extensions of time, in writing, for completion thereof as shall be reasonably
necessary for such completion. The approval period provided for herein shall be tolled if
construction of said improvements and/or the issuance of building permits has been
prevented by building/development moratorium(s)—not deemed to include growth
control ordinances—imposed by Town or other governmental entity(s), for the period of
such moratorium(s).
Said improvements shall include, but are not necessarily limited to, the following:
The acquisition and/or construction of streets and/or common roadways, including
clearing, grading, soils stabilization, sub-base, base, pavement, curbs and gutters,
2 or s
sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and
appurtenances; a system of domestic water supply, including fire hydrants, services and
appurtenances; street lights, underground electrical, natural gas, telephone and television
facilities and appurtenances; environmental restoration; and all other improvements and
appurtenances necessary for a complete scheme of improvements to serve each lot within
the Subdivision, including acquisition of any rights of way or easements necessary
thereto, and other incidental and related work. Said improvements shall be constructed in
accordance with the Improvement Plans.
In addition, said improvements shall be constructed in accordance with the Tiburon
Municipal Code and amendments thereto and in accordance with those specifications
contained in the Code, all as the same exist as of the date of filing of the parcel map
application for the project. The foregoing plans are incorporated herein by reference and
made a part hereof, with the following exceptions, additions and modifications:
NONE ,
Where there is a conflict between the plans and specifications, the more strict
requirements shall govern.
2. Subdivider hereby warrants that the plans and specifications referred to herein are in
accordance with the tentative map approval for the project, dated August 12, 2015 by
Planning Commission Resolution No. 2015-09, together with all conditions and
environmental mitigation measures made a part of said approval. Subdivider further
warrants that said plans and specifications are adequate to accomplish the improvement
work covered by this Agreement in a good workmanlike manner, and in accordance with
accepted construction practices. Should said plans and specifications at any time prior to
final acceptance of improvements referred to herein prove to be inadequate in any respect,
then Subdivider does agree to make such changes as are necessary to accomplish said
work in a good workmanlike manner and in accordance with accepted construction
practices.
3. Upon final completion of all of said work in accordance with this Agreement, the Town
Engineer shall notify Subdivider in writing of his acknowledgement of completion of the
same. Subdivider agrees that for a period of one (1) year from and after the date of
receipt of said written acknowledgement of completion of said work it will maintain all of
the improvements constructed under the provisions of this Agreement, that it will repair
any defects or failures which may appear in said improvements during said one-year
period and that it will further correct the causes of said defects or failures. Provided that
Subdivider has complied with the terms of this Agreement in all respects, Town shall,
upon completion of said one-year post-completion period, notify Subdivider in writing of
its final acceptance of said improvements. Neither the written acknowledgement of
completion hereinabove referred to nor any periodic progress inspection or approval shall
bind the Town to accept said improvements or to waive any defect in the same or any
breach of this Agreement. Acceptance of any part or any stage of said improvement work
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shall not be final until the written notice of final acceptance of all of the improvements
shall have been delivered to Subdivider as required herein.
4. All inspection services rendered in connection with the work covered by this Agreement
shall be paid for by Subdivider at the actual cost to Town.
5. Should Subdivider fail to construct the improvements within the time specified in
Paragraph 1, including all extension(s), if any, Subdivider shall immediately discontinue
all work under this Agreement. In such event, Subdivider shall either make arrangements
satisfactory to Town for completion of said work, or Town may immediately proceed to
complete the improvements by contract or otherwise and recover the cost thereof from
Subdivider.
6. Prior to starting any construction of improvements called for by this Agreement,
Subdivider shall meet the following conditions:
(a) The before described improvement plan and specifications shall be adjusted, if
necessary, to meet:
1. Any changes in the terrain which may occur after the execution of this
Agreement and prior to the commencement of the construction of the
improvements; and
2. Any engineering standards new to the profession and applicable to the
Subdivision. Said plans and specifications shall be subject to the
reasonable written final approval of the Town Engineer.
(b) Upon execution of this Agreement, Subdivider shall post the improvement
securities listed below, as required by §§ 66496 and 66499—66499.10, inclusive,
of the California Government Code. The form and details of security shall be
subject to the approval of the Town Attorney. Any additions, alterations or
modifications to this Agreement or to the plans and specifications referred to
herein, including any extension of time within which the work hereunder may be
completed, shall not release or exonerate any surety or sureties on the required
securities. The Town Engineer shall determine the estimated cost of the
improvements and monuments.
I. For faithful performance of this Agreement: 100% (one hundred
percent) of the estimated cost of the improvements: $1,203,983.
2. For payment of all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of this
Agreement: 100% (one hundred percent) of the estimated cost of
the improvements: $1,203,983.
3. For payment of the project engineer or surveyor for setting of the
final monuments for the Subdivision: 100% (one hundred percent)
of the estimated cost of setting such monuments: $5,000.
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(c) Subdivider shall deposit with the Town a sum equal to 3% of the estimated
construction costs of the subdivision improvements and subdivision
monumentation prior to issuance of the grading permit for the subdivision
improvements. Inspection costs shall be drawn down from this deposit and
additional deposits may be required.
7. Upon final completion of all improvements in accordance with this Agreement, the Town
Engineer shall notify Subdivider in writing of his acknowledgement of completion of the
same and Town shall take all steps necessary for the release of any security held by Town,
and shall release such security upon the posting by Subdivider of the security referred to
in Paragraph 8 below.
8. Upon final completion of all improvements in accordance with this Agreement, the Town
Engineer shall notify Subdivider in writing of his acknowledgement of completion of the
same and Subdivider shall then furnish security whether it be cash, bond, deed of trust, or
letter of credit, in accordance with the provisions of California Government Coded
Sections 66499-66499.10, in an amount equal to Ten percent(10%) of the cost of the
improvements as security for the maintenance and repair of the improvements for a one-
year period. The form and details of the security shall be subject to the reasonable
approval of the Town Attorney. Upon the final acceptance of said improvements as
referred to in Paragraph 3, Town immediately shall release such security held.
9. Should Town be required to institute legal action to compel performance of this
Agreement, Subdivider agrees to pay all reasonable attorneys fees, costs of suit, and all
other expenses of litigation incurred by Town in connection therewith.
10. Town shall not be responsible for any of the costs of said improvements or for the
performance or non-performance of the work of construction of said improvements, and
Subdivider shall hold Town free and harmless from any claim or liability resulting from
or arising out of the same.
11. Subdivider shall have sole responsibility for making all arrangements and assuming all
expenses as may be required in connection with the furnishing and installing of utility
service facilities.
12. Subdivider shall not commence work under this Agreement until contractor and any
subcontractors have obtained all insurance required under this paragraph, and such
insurance has been approved by the Town Attorney as to form, amount and carrier. All
requirements shall appear either in the body of the insurance policy or in endorsements
and shall specifically bind the insurance carrier.
(a) Workers' Compensation and Employers' Liability insurance in the statutory
coverage. In signing this Agreement, Subdivider makes the following
certification:
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"I am aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability for
Workers' Compensation or to undertake self-insurance in accordance with
the provisions of the Code, and I will comply with such provisions before
commencing the performance of the work of this Agreement."
(b) Commercial General Liability Insurance: In an amount not less than two million
dollars ($2,000,000.00) for injuries including, but not limited to, death to any one
person, and including blanket contractual liability, and subject to the same limit
for each person, in an amount not less than one million dollars ($1,000,000.00)
combined single limit per occurrence for bodily injury, personal injury and
property damage. Town shall be added as an additional insured such that the
coverage provided to the Town is primary and non-contributory.
(c) Automobile Liability(Code 1) Insurance: In an amount not less than one million
dollars ($1,000,000.00) combined single limit per accident for bodily injury and
property damage and an aggregate two million dollars ($2,000,000) annually.
Town shall be added as an additional insured such that the coverage provided to
the Town is primary and non-contributory.
(d) It is agreed that the insurance required by Subsections (b) and(c) shall be in an
aggregate amount of not less than two million dollars ($2,000,000.00) and shall be
extended to include as additional insureds the Town of Tiburon, its elective and
appointive boards, officers, agents and employees, with respect to operations
performed by the Subdivider as described herein, and said coverage shall be
primary and non-contributory. Evidence of the insurance described above shall be
provided to Town upon execution of this Agreement and shall be subject to
approval by the Town Attorney as to form, amount and carrier. The policy of
insurance shall also contain a provision indicating that such insurance shall not be
reduced or canceled except upon thirty (30) days written notice to Town. In
addition, the following endorsement shall be made on the policy of insurance.
"Notwithstanding any other provisions in this policy, the insurance
afforded hereunder to the Town of Tiburon shall be primary as to any
other insurance or reinsurance covering or available to the Town of
Tiburon, and such other insurance or reinsurance shall not be required to
contribute to any liability or loss until and unless the approximate limit of
liability afforded hereunder is exhausted."
13. Subdivider shall indemnify, defend an hold Town harmless from any liability for damage
or claims for damage to persons or real or personal property (including, without
limitation, claims for inverse condemnation) arising or alleged to arise from the
operations of Subdivider or Subdivider's contractors, subcontractors, agents or employees
in connection with the performance of this Agreement. Subdivider's obligation under
this section apply to all claims or actions at law arising from the aforesaid operations,
regardless of whether Town has prepared, supplied or approved of plans and/or
60F8
specifications for the Subdivision or regardless of whether the insurance policies required
by this Agreement apply to such damages or claims for damages. For purposes of this
Section, "Town" includes, without limitation, the Town's elective and appointive boards,
commissions, officers, agents and employees.
14. This Agreement applies to, inures to the benefit of, and binds all parties hereto, their
heirs, legatees, devisees, administrators, executors, successors and assigns. Subdivider
reserves the right to transfer the property and the rights and duties under this Agreement
shall pass to said transferee and subsequent transferees, if any, without modification.
15. This Agreement shall be subject to and shall be deemed to incorporate by reference as if
set forth in full herein all applicable provisions of the State Subdivision Map Act sections
66499 through 66499.10 and Chapter 14 of the Tiburon Municipal Code applicable and
in effect as of the date of the filing of the parcel map application for this project.
16. The laws of the State of California shall govern this Agreement. In the event a dispute
arises between the parties relating to this Agreement, the proper venue for resolving that
dispute is the County of Marin.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
[SIGNATURES ON FOLLOWING PAGE]
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SUBDIVIDER:
By: _
Caryn W , Tr e
Sarhangi-Wu Living Trust dated June 20, 2016
By: e..
Amir Sarhangi, Trustee
Sarhangi-Wu Living st dated June 20, 2016
TOWN:
TOWN OF TIBURON
A Municipal Corporation
By: Gre Chanis
Its: To Manger Anotary public orother officer compl:;ting hits certificate verifies onl=and
individual who signed the document tc which;his certificate is atta
truthfulness,accuracy,or validity of that document.
State of lif rnia County of_ ss.
On j�/B me, ,NotaryPul>lic,
Approved as to Form:
personally appeared<i�ie'
who proved to me on the basis of satisfactory evidence to be the person(s)whose
name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
_- which the person(s)acted,executed he Instrument.I certify under PENALTY OF
PERJURY under the laws of the State of California that the foregoing paragraph is true
andcorrect. WITNESS my hand and official seal.
Ben Stock, Town Attorney
Town of Tiburon
HOWARD SALKIN
.� COMM. #2115984 z
Y x o Notary Public•California o
= v Marin County
My Comm.Expire July 12 2019'
[Attach Notary Sheets as Necessary]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of A(, onl,7 )
On &/ /- _ )��� before me, /Vb`kir a)&IC'_
Date Here Insert Name and Title the Officer
1
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
�- WITNESS my hand and official seal.
EMILY LEA STEFANI
Notary Public-California
a -w Marin County Signatures
Z Commission#2169225
MI Comm.Expires Oct 23,2020 Signature of Notary Public
Place Notary_ Seal Above
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