HomeMy WebLinkAboutAgr 1999-08-31 (TRI Development)Y~
COMPLETE THIS INFORMATION:
RECORDING REQUESTED BY:
7
Town of Tiburon
AND WHEN RECORDED MAIL TO:
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
Attention: Scott Anderson
AP # 058-301-26
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Recorded I REC FEE 31.00
Official Records I
County Of I
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JOW4 C. THAYER I
Recorder I
01:59PM 07-Sep-1999
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Page i of 9
THIS SPACE FOR RECORDERS USE ONLY
SUBDIVISION IMPROVEMENT A('TRFFMFNT
ROUND HILL OAKS SUBDIVISION
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(ADDITIONAL RECORDING FEE APPLIES)
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 1E, 1999 revised)
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 31st day of August 1999
by and between TRI Develo ment Com an L.L.C. a California Limited Liabili Com an(hcrcinaftcr "Subdivider"), the owner and subdivider of certain parcels of roe r y
p p rtY consisting of
one (1) parcel off Round Hill Road 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 parcel 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
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 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
moratoriums)-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;
street lights, underground electrical, natural gas, telephone and television facilities and
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 18, 1999 revised)
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 Improvement Plans for Round Hill Oaks and
consisting of seven sheets dated June 16 , 1999 and the plans prepared by
Pedersen Associates entitled Tree Mitigation Plan consisting of one sheet dated August
18, 1999, Stream Restoration Plan consisting of one sheet dated June 23, 1999, and
Landscape Mitigation Plan consisting of one sheet dated June 23, 1999..
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 this agreement. 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 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 map approval and the master plan for the Subdivision
previously approved by the Town Planning Commission and Town Council, 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.
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 18, 1999 revised)
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 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.
1. For faithful performance of this Agreement: 100% (one hundred
percent) of the estimated cost of the improvements.
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.
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.
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 18, 1999 revised)
(c) Subdivider shall pay Town the estimated inspection fees as determined by the
Town Engineer.
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:
"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
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 19, 1999 revised)
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.
(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, 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
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.
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
(August 18, 1999 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 Stdte 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.
TRI Development Company, L.L.C.
4 616 7
Date
ly'4(t cA r7-
Town of Tiburon
Town of Tiburon
Town of Tiburon
Approved as to Form:
I~V'6; /i
Date
Date
Date
Date
Ann R. Danf th, Attorney for the Town of Tiburon
CORRESPO.JOB
ROUND HILL OAKS SIA.DOC
June 21, 1999
Town of Tiburon M o 6 OuJX 4c m A yore
ALL-PURPOSE ACKNOWLEDGMENT
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NOTARY'S SIGNATURE •
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
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CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
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D. L. CRANE
Le Comm. # 1119443 NOTARY PUBLIC - CALIFORNIA Madn County
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My Comm. Expires Dec. 8, 2000
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.
WITNESS my hand and official seal.
/-XZ NOTARY'S SIGNATURE
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)
❑ INDIVIDUAL
CORPORATE OFFICER
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NUMBER OF PAGES
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DATE OF DOCUMENT
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NAME OF PERSON(S) OR ENTITY(IES)
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