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HomeMy WebLinkAboutAgr 2000-08-15 (Chandler's Gate at Tiburon)COMPLETE THIS INFORMATION: RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Scott Anderson AP # 058-151-35 GN GD KZP - 10 GD d+' Z3 sc-3 -7 Recorded I REC FEE 34.00 lIfficial Records I County Of I Marin i JOAN C. THAYER I Recorder I I I FS 02:25PM 24-Aug-2000 I Page i of 10 THIS SPACE FOR RECORDERS USE ONLY SUBDIVISION IMI'RQVEMENT AGREEMENT CHANDLERS GATE AT TIBURON SUBDIVISION i IPP 2 r) 2000 1 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) /neds/subdiviropaprec.doc (August 15, 2000 revised 1 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this S+~ day of A k-4- "S+ , 2000 by and between Ned's Way Garden Hornes, L.L.C. a California Limited Liability Company (hereinafter "Subdivider"), the prospective owner, pursuant to a Disposition & Development Agreement, of certain property consisting of one (1) parcel offNed's Way in Tiburon, California (hereinafter "Subdivision"), 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 final map for the Subdivision and the map has been filed with the Town Clerk for presentation to the Town Council for the Town 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 an improvement plan outlining thereon the improvements to be constructed by Subdivider within the Subdivision (hereinafter "Improvement Plan"), 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 final 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: Subdivider agrees that prior to the expiration of one (1) year from the date hereof it will construct all improvements outlined and set forth on the Improvement Plan hereinabove referred to 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 this agreement, 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 one-year 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 common driveways, including clearing, grading, soils stabilization, sub-base, base, pavement, curbs and gutters, sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and appurtenances; a system of domestic water supply, including fire hydrants, services and appurtenances; meds/su1)divimpagree.(Joe (August 15, 2000 revised) 2 street lights, underground electrical, natural gas, telephone and television facilities and appurtenances, 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 necessary thereto, and other incidental and related work. Said improvements shall be constructed in accordance with the improvement plans prepared by I.L. Schwartz Associates, Inc. entitled Site Improvement Plans for Chandlers Gate at Tiburon and consisting of g sheets dated w u s+ -41 2000. '1 0 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 sarne exist as of the date of this agreement. The foregoing plans are incorporated herein by reference and made a part hereof, with the following exceptions, additions and i-nodifications- NONE Where there is a conflict between the plans and specification, the more strict requirements shall govern. 2. Subdivider hereby warrants that the plans and specifications referred to herein are in accordance with the tentative reap approval for the project dated March 15, 2000 and the Precise Development Plan approval for the project dated October 20, 1999, together with all conditions made a part of said approvals. 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 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 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. Meds/xub(11-0n)pagree.doc (August 15, 2000 revised) 3 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 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. (c) 1. For faithful performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements, in the amount of $300,000.00 (Three hundred thousand dollars) 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, in the amount of $300,000.00 (Three hundred thousand dollars) 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, in the amount of $1000.00 (One thousand dollars) (c) Subdivider shall pay Town the estimated inspection fees as determined by the Town Engineer. /neds/sub divimpagree. doc (August 17, 2000 revised) 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, 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 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: "1 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 /neds/subdivinipagree•doc (August 15, 2000 revised) 5 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. (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. (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. 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, arnount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (3q) 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 cr 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 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. /nods/subdivinipagreee•doc (August 15, 20110 revised) 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 this agreement. 16. It is agreed that in the event of litigation between the parties relating to this agreement the proper venue therefor is the Marin County Superior Court. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SUBDIVIDER: Ned's Way Garden Homes, L.L.C. A California Limited Liability Company By: Taylor Woodrow Homes, Inc. A California corporation Managing Member By. Its: e03'-~ /'/..o R. Oeav% Pearson By: NW DEVELOPMENT PARTNERS, LLC A California limited liability company Managing Member By. Its.. 45z~. R. Deikv% PearSov, /neds/subdivimpagree.doc (August 14, 2000 revised) I TOWN: TOWN OF TIBURON A Municipal Corporation By. Bert L. Kleinert Its: Town Manager Approved as to Form: J n E. Sharp Acting Town Attorney /nods/subdivimpagree.doc (August 9, 2000 revised) 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California • R0. ~Zj 0 ss. County of On r.5 before me, v baAni , Date Name and Title of Officer (e.g., ' Jane Doe, otary Publ c") personall ppeared 7;PN a in T~enma&.2 , 14Kersonally known to me ❑ proved to me on the basis of satisfactory evidence F~O~ft BARBARA G. WOLTE Commission # 1207204 Notary Public - CaRk mio Morin County My Comm. Eames Jan 8, 2003 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. WITNE my hand and official seal. 4 PPWWAA Place Notary Seal Above n4 Signatu a of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ALL-PURPOSE ACKNOWLEDGMENT F 0 • ' State of California ,D SS. ' County of I O before me, I (DATE) personally appeared 604 (NOTARY) C r ' SIGNER(S) personally known to me - OR- ❑ 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 • I the same in his/her/their authorized ' • capacity(ies), and that by his/her/their • ' signature(s) on the instrument the person(s), f • D. L CRANE or the entity upon behalf of which the • ' ~n Comm. # 1119443 ''nn s person(s) acted, executed the instrument. • NOTARY PUBLIC - CALIFORNIA UJ V! • ' ti Marin County My Comm. Expires Dec. 8, 2000 • WITNESS my hand and official seal. I ' • I NOTARY'S SIGNATURE • 1 • OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACffY CLAIMED BY SIGNER (PRINCIPAL) ESCRIPTION OF ATTACHED OCUMENT ' ❑ INDIVIDUAL J f ~ CORPORATE OFFICER ! (J / T / 4V '7/ 1 ~ °1ed ( • M4446 tJ • ' / V ^ TITLE OR TYPE OF DOCUMENT ~ TITLE(S) " I C f " ✓ ' ❑ PARTNER(S) • ❑ ATTORNEY-IN-FACT _tt of 7~ ~ ` l ~ ~--r' • ' ❑ TRUSTEE(S) ' • ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES • ' ❑ OTHER: ' V / ' ' DATE OF DOCUMENT I • SIGNER IS REPRESENTING: I NAME OF PERSON(S) OR ENTITY(IES) I • TO ttpt/ OTHER • Le-ONEW 0.0nowe-domw APA 1/94 VALLEY-SIERRA, 800-362-3369