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HomeMy WebLinkAboutAgr 1995-05-10 (Belvedere Financial Group)VISTA TIBURON SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into on May 10, 1995, by and between Belvedere Financial Group (hereinafter Subdivider"), the owner and subdivider of certain property off of Blackfield Drive in Tiburon, California, commonly known as "Vista Tiburon" and more specifically described in Exhibit A, a copy of which is attached hereto and incorporated herein (hereinafter "Subdivision"), and the Town of Tiburon, a municipal corporation of the State of California (hereinafter "Town"): WITNES SETH: 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: 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. 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 appurtenances; and all other improvements and appurtenances necessary for a complete scheme of public 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 Vista Tiburon Subdivision and consisting of 13 sheets dated April 17, 1995 and the landscape plan prepared by Thompson & Merrill, entitled "Final Landscape Plan" consisting of 1 sheet with revision date of May 2, 1991. In addition, said improvements shall be constructed in accordance with the Tiburon Municipal Code and amendments thereto and in accordance with those specifications foregoing plans are incorporated herein by reference and made a part hereof. The Town reserves the right to require changes, additions, deletions and modifications to the above referenced improvement and landscape plans at any time during the term of this agreement, including all extensions. All costs associated with such changes, additions, deletions and modifications shall be the sole responsibility of Subdivider. 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 precise 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 an orderly manner, and in accordance with accepted construction practices. 3. Upon final completion of all of said improvements, except landscaping, in accordance with this agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgment of completion of the same. Subdivider agrees that for a period of two (2) years from and after the date of receipt of said written acknowledgment 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 this two-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 acknowledgment 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 of final acceptance of all of the improvements shall have been delivered to Subdivider as required herein. 4. All inspection and monitoring services rendered in connection with the work covered by this agreement shall be paid for by Subdivider at the actual cost to either the Town or to the Town's authorized representative. 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 purchase a certificate of deposit in the amount of $555,690 (which includes amounts previously deposited with the Town for the interim grading permit, landscaping and amounts previously paid to the contractor for work completed to date) in the name of the Town of Tiburon to be held as security for the faithful performance of this agreement, for payment to the principal contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for construction of the improvements. The amount of the security has been determined adequate by the Town Engineer based on the adjusted improvement plans of Paragraph 6(a). Subdivider shall be entitled to draw down the amount of this security during the course of the construction of the improvements upon approval by the Town Engineer, Planning Director and Town Attorney. 7. Upon final completion of all improvements in accordance with this agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgment of completion of the same and Town shall take all steps necessary for the release of any security held by Town pursuant to Paragraph 6(b) and shall release such security upon the posting by Subdivider of the security referred to in Paragraph 8 below. 8. Upon final completion of Lll improvements, except landscaping, in accordance with this agreement, the Town Engineer shall notify Subdivider in writing of acknowledgment 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 Code Sections 66499-66499.10, in an amount equal to Ten percent (10%) of the cost of the improvements, specifically excluding grading and landscaping, as security for the maintenance and repair of the improvements for a two-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. 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. 3 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 the 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. Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (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 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) 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) 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) combined single limit per accident for bodily injury and property damage. (d) It is agreed that the insurance required by Subsections (b) and © shall be in an aggregate amount of not less than two million dollars ($2,000,000) 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 4 required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13. Subdivider shall hold harmless, indemnify, protect and defend the Town and its elective and appointive boards, officers, employees, agents and authorized representatives from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act of Subdivider, any of Subdivider's employees or subcontractors. 14. This agreement applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors ans 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 (Government Code Sections 66499-66499.10) 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 shall be in the Marin County Superior Court. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. RELVEDERE FINANCIAL GROUP, s Date by Jay Kaplan, President AOV7 TOWN OF TIBURO , by Robert L. Kleinert, Town Manager Dee 5