Loading...
HomeMy WebLinkAboutCC Resolution 9088 (Map of Meyer Rd)RESOLUTION NO. 9088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF MEYER ROAD SUBDIVISION" WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on January 11, 1994, in writing, recommend to the City Council of said City the approval of the final map of "Map of Meyer Road Subdivision", consisting of five (5) sheets, hereinafter referred to; and WHEREAS, it appears to said City Council and said City Council hereby finds and determines said map is in conformity with the requirements of the Subdivision Ordinance, Title 15 of the San Rafael Municipal Code pertaining to subdivisions, and that said City Council is satisfied with the plan of the subdivision. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that the final map of said subdivision, approved by the Planning Commission of said City on January 11, 1994, and entitled, "Map of Meyer Road Subdivision", be and the same is hereby approved and that the Clerk of said City be and is hereby authorized and directed to execute the certificate upon the face of the map of the approval thereof and, upon the filing with the City Clerk of the agreement and bond (or deposit) with the approval thereof all as required by Sections 15.20.060, 15.20.080, and 15.20.090 of said Subdivision Ordinance, to transmit said map to the Clerk of the Board of Supervisors of Marin County. IT IS FURTHER RESOLVED that that certain agreement entitled "AGREEMENT (SUBDIVISION IMPROVEMENTS) "Map of Meyer Road Subdivision", being the agreement required by Section 15.20.080 of said ordinance, shall, when executed and filed by or on behalf of the subdivider and approved by the City Attorney and City Manager as provided in Section 15.20.060 of said ordinance, be executed on behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized and instructed so to do. IT IS FURTHER RESOLVED that upon the execution, filing and approval of said agreement and bond and the recordation of said map, all in accordance with the requirements of said ordinance appertaining to said agreement and bond and the recordation of said map, the City accepts the dedication of all public streets, public utility easements and anchor easements, all as shown thereon for public use as such, and the City does hereby remove any one (1) foot non -access strips on any public dedicated right- of-way adjacent to this subdivision. I I. JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 7th day of February, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEON NI, City Clerk rA A prn cil rig s 19 z i = ..� i. ,f] cn cv vi 4. y r m U� ?o m e' CD F 0 Q1 O 7 n z=a LO 0 rirn to U CD -j 9 O iSi Y °•� •yU ` �y 1°� H � '+7, z o� oo � g tp=zu ?�o =0.. H l Hw• y S.° V �°np CH1u"1 +Ci r iv • _ a Gbh pp .. :S: • oGo U YUCY:.°.0 N MYN ° Er• $ a �=S J � 2 ool uvu°�w o c • •� u°� v ` uw'gE1Ul 'r .� "4• }2: a�➢:..°eu _ ° y�e° u .•uE _::��Yi; b�L- Wit, o 809 uw :� VHw�C°: u °i✓Y09 .L°.� Y:•a:)~T O •� Y Gobi +u cy�) c c Y'••YY i i° w• u:ouu y o $ ..• 11 L Lu ct• c• . ro aYc� u b yooafi• a—+�Y : T ' ° to acv"v ' LE•• H° Y .• ;GY�� y 6^CY YD U. S C99 s •I .�`s�a•'�:�5 1 u. C: G E ui R N OM+n T " HuYYY V • OC yYW. O w``O. � yO�� " y � we ao�aL v 3 `::.'.°nE: ° u' Y90 i.". .°. •eo v a.• `o `u^��ada W LO2L)uw. �, I `J. M Tj°C� W OL 06 yV a c Ha H u' v. u.eu°e°�u :°°.L.icL.u. e� zrc T� : ..•mac.` E i E�>ooa.: 3$�°«Eos° UN y ^9 acO y'.owr e n u �Y'�C°i�. " �i.°°i.•i.•i .°iiH . U. s s a uu u • "E yw� wt oi. �a u.ceaY°.uoq $ .0 11 :GYa1uCYL° �w� ,i w VY9�J•x Yi°/.w PC.`i w'JMON ••D Y9�8.. TYT 4Yu� .> Y amu+ MyYL M.. i<�H`v uT` :Y +ow Ya 'e yEco Y`o o°au°e YO � ..a°°.°aoi31� •su " " � TT YjMYUC>y. O" Y • •Hw � °.°i ` :a9°CT:.°iL p■ ,0011 ° •• a: YY a e Y.�L°�-•� Y. Y Yc •or u <n o 9au 6CTc.'.�.L.°E.°.c iv lJ1. U W•: L�u.°.o cn'owY.Y.it+ " �nco U O u c -U,0 C -1 Y88 C � C u L.y ■ � N 9eYO V6YCGCSYML;::Y YM. Cc°e °1-`i 1 li Hc°6ya ] OCC■ �Uw nY P = .•.Y•) 2 '. "22 •...°....Y..L <■ N U o Hr6) aC c 2 O F -•..CC M.�.Y .r..]O W^mOmG�V u00 i4 ^.h Vb�O O d n n <WWO iXru^vrt�ie yF'^in='oN'mSnnu^t nLf< O ZWSO^ ZN_ owl^ 333333 g}y 333333333 ¢jyWj �o� roniry n�i771l�rio aia '.f 6 io=a `��a Fond-�- �nNnn<rN+n <� Wn P1A�rO WGWr/NIb iVG YIO+G R y �il f<.N^ 2ZZ222 �ii W 22222Z22Z ZE.i Nv0 4TO�N �yl � =wuminNnN <i�nbn4ma-N :3 ry rnnnn • ��am{nyu Din •1C NOi^YI Zn+Yp YI <n n NbNnm�q ��"OF FF CC �'1 < 6 G zo33333333333333 aW�ZW33333 hl H�S(bVOOHl�1�1�1�.0�0T y, y¢�J O�f"'�IV N, A NNPrP %MSpu3a� FiOP p��� WOzPPr�n(Irrrnl^nYn WN<W w`rr��� Z OZnnONN�I^fmnnPgq z�yj Wk' �lbY .^'In YVb �W Zzzzzzzz222Z22 �i1F Y1 .- zzZzzZ 2 W UWZ000OOOpOOOOpO^O"OW nnylnbn G A fO .r^ Cd N F 41 r++ w U 4.r- gi m of4-4 4 C)� U3 i 3 ^ a% F ¢ ` cn0 (� E• Cd �q !u� urin 0 0I U ''u3 CID co ^ n imp S A` W N V o� ' 21 bHq � b I 5co 4 F 2 <04 oo< 3 '1^ -1, O,y N y ICL Vo 961c r- n o 9313YIHAS IX O w n n s W nosc Vo Yz9z U3 p as '6e /,,—LN3M3SY3 '3 I■ S'd ••� Yo j� ,Sb 66 l .W,Lf.t\ N ;> J, ZZ �• � ,r SII a .W,L1.1\ N i ^^ � O r1 N '-•®J n� •� p rm Cn W W WW co V40�40 /pern11'pif cn c •'• •err 96Dst"Mr ng ,may Qi s vpa < 2 4h O J mm ~ no o` rl ZZ CO U3W U 04. 4J z o o :�L Lrl ! .uY,tLtic F' CC1 -04 .vw Irl ! .UV.ILU\' N (. Py +a. I 92 6a mrC\ 'I'I o ��iLt� O �/ .9 CY■ n� A ml \ \ \1 1 ! .MIX." N N =H ry `" < \ pa 11 \\\\ o mm po< O Y y 11 O .•� •'� mo NZ W i^N 11 -�. \\`\ Ne 1Iy=JJ�� `^•Y ,� ppW Eo0 11 \ op ap ZW Wmm C• vP11= n 'viY.m.. 1� W ut .n. 71ci Wla ii nn g7¢ t�< W N mm ma0 iin 0 3 Xc,Rv! m rn N N \ 1 11464 W n c \\ �I �; �- r O �l1 \•� \ P a m ��I"• 1 Iryn p v m $.\ lbN ir, 41 -- %. m q 9E W LQ ice/ \\ 'pi. � i � � ►� O � I° 8b qW� O m Z m a yWy�, InJWF� pP¢•t!6 zlgF p °�'' FSB a �5az9in -45M5 NEES y ;wi r ' o 1 �zl o�El I OW Z� 1 Loo•oz W a z¢mo I- ^^ y cW W ul n^¢ mM� Na Wr • f N �ul F C�1j �EWu < 3Wu z¢ o ZFv < \ p U {yL ozGn U ■ Fprd cy v 1.Am oig 41 a ty a .98 ¢as- S9 m S^ WO i•1 p7m < b�$?s ■ Sr 1aa �� �\W� mm��i�imo oap O m�1131�1. lop Fpm I m V m2Wu3 W¢ fM•� 4 k!=! WA26 W ■ o� •41 5 •OOEooaf6a1;o°!Oo _=ri a -o I o rat 4F FIRST rLVERA,L It W� SAVINGS & LOAN ASSOCIATION OF SAN RAFAEL HOME OFFICE 1030 Third at A Street • San Rafael, California 94901-3108 • (415) 456.6231 March 23, 1993 City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 ATTN: David M. Bernardi City Engineer RE: Meyer Road Subdivision Subdivision Improvements Set -Aside Letter to City of San Rafael for $592,200.00 Gentlemen: First Federal Savings and Loan Association of San Rafael ("FFSL") has com- mitted to make a development loan to Armand Locke ("Borrower") covering the construction of certain improvements for a subdivision known as Meyer Road Subdivision, located in San Rafael, California (the "Subdivision"). In consideration for the acceptance of this Set -Aside Letter by the CITY OF SAN RAFAEL and its reliance hereon, and in order to secure the performance of the Borrower's obligations and under that certain Subdivision Improvement Agreement dated February 7, 1994 between the Borrower and the CITY OF SAN RAFAEL (the "Subdivision Improvement Agreement"), FFSL agrees to set aside from the development loan funds the sum of $592,200.00, which is to be used to pay for the construction and completion of the improvements shown on the ap- proved plans and specifications pertaining to the Subdivision in accordance with the Subdivision Improvement Agreement (the "Set -Aside Improvements"). In no event shall FFSL's liability hereunder exceed $592,200.00. FFSL hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of the Subdivision Improvement Agreement or the specifications accompanying the same shall in any manner affects its obliga- tions to the City of San Rafael under this Set -Aside Letter, and it does hereby waive notice of any such change, extension, alteration or addition. • r OAKLAND MARINA PORTOLA 6058 College Avenue 2400 Chestnut Street 2521 San Bruno Avenue Oakland, CA 94618-1373 San Francisco, CA 94123-2506 San Francisco, CA 94134-1598 (510)652-9500 (415)921-3741 (415)468-0700 FAIRFAX 2009 Sir Francis Drake Blvd. Fairfax, CA 94930-1115 1415)457-5050 SET-ASIDE LETTER PAGE TWO 3/23/93 The amount of funds set aside pursuant to this letter has been determined on the basis of a cost breakdown submitted to us by you (attached hereto as Ex- hibit A) showing the estimated cost of construction of the Set -Aside Improve- ments. We assume no liability in the event that said cost breakdown turns out to be incorrect or if there is a subsequent increase in the actual cost of completing said Set -Aside Improvements. It is the intention of Borrower and FFSL that labor and material costs in- curred by Borrower in performing its obligations under the Subdivision Im- provement Agreement should be paid from disbursements from the Set -Aside funds as the work progresses, with a disbursement being made by FFSL from the Set - Aside funds only after the City of San Rafael has notified FFSL that the amount of Set -Aside funds may be reduced by an amount at least equal to such disbursement and FFSL has determined that such disbursement is warranted under the terms of its agreement with Borrower. It is therefore critical to the subject development that the City of San Rafael promptly inspect work com- pleted under the Subdivision Improvement Agreement when requested to do so from time to time, promptly determine whether a commensurate reduction of the Set -Aside funds is thereby warranted, and promptly notify FFSL of the amount by which the Set -Aside funds may be reduced. It is FFSL's intention that, as provided in Government Code Section 66499.6 the Set -Aside funds shall be exclusively set aside for construction of the Set -Aside improvements described in the Subdivision Improvement Agreement and shall not be subject to the enforcement of a money judgment by any creditors of Borrower. As provided in Government Code Section 66499.4, if suit is brought to enforce the obligation secured by this instrument, FFSL shall pay, in addition to the full amount of the Aside funds, costs and reasonable expenses and fees, in- cluding reasonable attorney's fees, incurred by the City of San Rafael in suc- cessfully enforcing said obligation. Borrower agrees to hold FFSL harmless from and indemnify it for any costs, expenses and fees, including reasonable attorney's fees, incurred by FFSL as a result of its required participation in any suit brought by the City of San Rafael to enforce the obligations secured by this instrument. Borrower further agrees to provide a defense to FFSL in any such action at borrower's sole expense. SET-ASIDE LETTER PAGE THREE 3/23/93 If the Borrower defaults with respect to any of its obligations under the Sub- division Improvement Agreement or for any other reason fails to complete the Set -Aside Improvements, all Set -Aside funds then remaining shall be im- mediately available to the CITY OF SAN RAFAEL to complete the improvements in accordance with the terms of the Subdivision Improvement Agreement, and the CITY OF SAN RAFAEL shall not in any way be obligated to repay the funds so used. Should the City of San Rafael elect to so undertake the completion of the Set -Aside Improvements, it shall commence such construction within a reasonable period of time and the Set -Aside Funds shall be subject to the same disbursement control procedures of FFSL and shall be used to pay for the costs associated with such work in the same manner and to the same extent as if the Borrower had not so defaulted. Notwithstanding the provisions of the immediately preceding paragraph, in the event of any such default or failure by the Borrower, FFSL shall have the right, at its option, to commence construction to complete the Set -Aside Im- provements within a reasonable period of time. Should FFSL elect to so under- take the completion of the Set -Aside Improvements, the Set -Aside Funds may be used by FFSL to pay for the costs associated with such work in the same manner and to the same extent as if the Borrower had not so defaulted. Upon completion of the Set -Aside Improvements to the satisfaction of the CITY OF SAN RAFAEL, or upon release of the remaining balance of the Set -Aside funds to the CITY OF SAN RAFAEL, or upon March 22, 1996, whichever shall first oc- cur, FFSL's obligations under this letter shall immediately terminate without further action by any party. This is an irrevocable commitment of funds which is not subject to recall by FFSL. This commitment is contingent, however, upon recordation of the final map of Meyer Road Subdivision. By: First Federal f San Rafael Pte., Gr� Elb - APPROVED: Savings and Loan Association President Borrower: -� By: ATTEST: City San ael be oro, M?yor t_ Je ne M. Leoncini, City Clerk I.L. SCHV -Z ASSOCIATES, INC.0 CIVIL ENGINEtRING AND LAND SURVEYING 79GALLIDRIVE NOVATOCA94949 (415)883-9200 FAX 883-2763 BY: JOB NO. DATE:SHEET NO /- /%/ -- --�L C �'�R-_.ACU /�� S vl,�l_Y1S11 IFA lz -r)l V/() All e0o ;r s 30.6 _57ia All 7'A /� 'I S -3 Z�1 2,_y✓r,� rL�, . _ �_ _ EXHIBIT 3�9a�-8��_ - Specializing Tree Preseryation m • SAN 517 JACOBY STREET #9 , 1 g490176 ROBERT MOR—CERTIFIED ARRBORIBORI ST # #1 EY 5472.7105 6 I WORK ESTIMATE j Mr, Locke Name Address 20 Meyer R d . Phone 457-7401 city San Rafael Billing address: of- j� WO OBE DONE Zlel leak l� HOURLY Date 02/10/93—Wed-11:00 C3 CONTRACT Materials: Date schedul in charge: L O. Dumping TOTAL CHARGE $ ��-UE UPON COMPLETION OF WORK � INSURED LICENSED I P YMENT A t� �X�iIBIT � i A G R E E M E N T (SUBDIVISION IMPROVEMENTS) THIS AGREEMENT is made this 7th day of February , 19 94 , and is entered into by and between the City of San Rafael, hereinafter referred to as "City", and Armand L. Locke hereinafter referred to as "Subdivider both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivi- sion map (hereinafter called "Map" entitled of Meyer Road Subdivision " The map has been filed with the City Clerk of City for presen- tation to the City Council of the City for its approval, which map is hereby referred to and incorporated herein; Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of said im- provements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Council of said City on the 7th day of February 19 94 , adopted its Resolution approving map, and has accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this agreement with City, and meet the requirements of said resolution; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Ordinance No. 546 (as amended) of City. - 1 - NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider's obligations under said Subdivision Map Act and said ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improve- ments as shown on the improvement plans dated March 10, 1992 ; said plans approved and signed by the City Engineer on February 7, 1994 ; and Subdivider will comply with all provisions of the San Rafael Municipal Code, the Subdivision Map Act, and all conditions of ap- proval of said subdivision map. Subdivider shall construct and complete all of the improve- ments, including all, but not limited to, streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision designated in said map, all in accordance with, and as required by, said improvement plans and specifications for all or any of said improvements in, or appurtenant to, or outside the limits of said subdivision, which improvement plans and specifica- tions are now on file in the office of the City Engineer of City, and Subdivider shall also do all other work and furnish all other materials necessary in the opinion of the City Engineer, and on his order, to complete the improve- ments in accordance with said improvement plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. - 2 - 2. Work; Places and Grades to be Fixed by Engineer. A11 of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by the City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work; Time for Commencement and Performance. City hereby fixes the time for the commencement of said work to be on the 7th day of February , 1994 , and for its completion to be within 540 calendar days thereafter. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection. 4. Time of Essence - Extension. Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacement. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done - 3 - hereunder, whether such -property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfac- tion, and subject to the approval, of the City Engineer. 6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connec- tion of any and all public utilities to be supplied by such public utility corporation within the subdivision. 7. Permits; Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or super- intendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. 9. Inspection by City Engineer. All improvements required hereunder shall be inspected by City Engineer. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City Engineer, to all parts of the work, and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish: - 4 - (1) a surety bond in amount equal to at least one hundred percent of the contract price as security for the faithful performance of this agreement; and (2) a separate surety bond in an amount equal to at least fifty percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this agreement. The surety on each of said bonds and the form thereof shall be satisfactory to the City Attorney. 11. Hold -Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described in paragraph 12 hereof. - 5 - b. That the aforesaid hold -harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regard- less of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance. Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph, nor shall Subdivider allow any con- tractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorse- ments and shall specifically bind the insurance carrier. a. Compensation Insurance. Subdivider shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Subdivider's employees employed at the site of improve- ment, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation insurance for all con- tractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this agreement at the site of the project is not protected under any Worker's Compensation law, - 6 - Subdivider shall provide, and shall cause each contrac- tor and sub -contractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider hereby indemnifies City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damage Insurance. Subdivider shall take out and maintain during the life of this agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontrac- tor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or sub- contractor, or by any one directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than$1,000,000for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than$3,000,OOOon account of any one occurrence; (2) Property Damage Insurance. In an amount of not less thar$1.,000A00 for damage to the property of each person on account of any one occurrence. - 7 - C. Cross -Liability Endorsement. In the event that any of the aforesaid insurance policies provided for in this paragraph 12 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross -liability endorsement, insur- ing on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor perform- ing work covered by this agreement. 13. Evidence of Insurance. Subdivider shall furnish City concurrently with the execu- tion hereof, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least ten days' prior notice of the cancella- tion or reduction in coverage of any policy during the effective period of this agreement. 14. Title to Improvements. Title to, and ownership of, all improvements within ac- cepted public rights of way and public easements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improve- ments by City, as evidenced by the filing of the Notice of Completion with the County Recorder. 15. Repair or Reconstruction of Defective Work. Subdivider guarantees and warranties all work performed under this agreement for a period of one (1). year after final acceptance of the work. If within said one year period, any structure or part of any structure furnished and/or installed or constructed or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, - 8 - Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 16. Subdivider not Agent of City. Neither Subdivider nor any of Subdivider's agents or con- tractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to the City all inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's con- tractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety declaring breach of this agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performanc; of Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety, within five days after the nerving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider; and Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and neces- sary therefor. 20. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: CITY OF SAN RAFAEL, C/O CITY ENGINEER, CITY HALL, SAN RAFAEL, CALIFORNIA. Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed as follows: Armand L. Locke 20 Meyer Road, San Rafael, CA 94901 provided that any party or the surety may change such address by notice in writing to the other party, and there- after notices shall be addressed and transmitted to the new address. 21. Warrant» that Plans and Specifications are Adequate. Subdivider warrants that the plans and specifications above described are adequate to accomplish all of the improvement - 10 - work L .,templated by this agreement in a od and workman- like manner. and in accordance with accepted construction practices. Should said plans, specifications, and/or work contemplated by this agreement at any time within a period of one year after final acceptance of the work performed hereunder prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to said plans and specifications and accomplish said work in a good, workmanlike manner, and in accordance with accepted construction practices. 22. Attorney's Fees and Expenses of Litigation. Should City be required to institute legal action to compel performance of this agreement, Subdivider agrees to pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by City in connection therewith. 23. "As Built Plans". A complete improvement and grading plan "as built" shall be filed with the City Engineer upon completion of the said work and improvements. (Seal) (If the Subdivider executing this agreement is a corporation, R certified copy of the By -Laws or Resolution of the Board of Directors authorizing officers of said corporation to execute this agreement shall be annexed hereto.) d D AS TO SUF CIENCY: IN A"4_k ity Eg0neer APPR A T M: - CY . Attorney - CITY OF SAN RAF EI By / d--�-s, ay "r / By A City Zlerk SUBDIVIDER .Subdivider By By (Mayor's and Subdivider's Signatures must be Notarized) STATE OF CALIFORNIA On o29 / 9 93 before me, A" ///5 personally appeaked .Q.e✓Y! A,v o/ Al personally known to me to be the person whose names) 0/are subscribed to the within (or proven to me on the basis of satisfactory evidence) instrument and acknowledged to me that e she/they executed the sam in i /her/their authorized capacity (ies), and that by /her .heir signature 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. y notary.01 WiC;It�L SEAL ^ l PHVI LLIS R. VAN REES NOTARY PUBLIC - CALIFORNIA a MARIN COUNTY My Comm. Expires Sept 10. 1993 >