HomeMy WebLinkAboutCC Resolution 8911 (Loch Lomond Unit 10)RESOLUTION NO. 8 911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING FINAL MAP OF SUBDIVISION
ENTITLED "LOCH LOMOND UNIT 10"
WHEREAS, the Planning Commission of the City of San Rafael, State of
California, did on May 17, 1993, in writing, recommend to the City Council of said City
the approval of the final map of "LOCH LOMOND UNIT 10", consisting of six (6) 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, 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 May 11, 1993, and entitled, "Loch Lomond Unit 10", be and
the same is hereby approved and 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) LOCH LOMOND UNIT 10", 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 final map, all in accordance with the
requirements of said ordinance pertaining 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.
ORIGINAL
-F9„
RESOLUTION NO. 8 911
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 17th day of May, 1993, by the following
vote, to wit:
AYES: COUNCELMEMBERS• Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEM 3ERS: None
FSR- JE=, M. LEONCINI; City Clerk
Pj
SUBDIVISION AGREEMENT
PUBLIC IMPROVEMENTS
THIS AGREEMENT is made and entered into by and between the
City of San Rafael hereinafter referred to as "City", and
hereinafter referred to as "Subdivider".
RECITALS:
Subdivider has presented to City for approval a final
subdivision map entitled" l.OcA L,vnn,ohj1) /O
n
The map has been filed with the City Engineer of City and will
be timely filed with the City Clerk for presentation 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
improvements in, appurtenant to, or outside the limits of Subdivi-
sion, which plans and specifications are now on file in the office
of the City Engineer of the City.
This agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 15 of the
San Rafael Municipal Code.
1. Performance of Work. All of the work and improvements
and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work
on file in the office of the City Engineer of City, which said
plans and specifications and standards are hereby referred to and
adopted and made a part of this agreement. In case there are not
any standard specifications of City for any of said work, it is
agreed that the same shall be done and performed in accordance with
the standards and specifications of the State of California
Department of Transportation. Subdivider will do and perform, or
cause to be done and performed, at Subdivider's own expense, in a
good workmanlike manner, and furnish all required materials, all
under the direction and to the satisfaction of the City Engineer of
City, who shall endorse his approval thereon, all of the following
work and improvements related to the Subdivision as shown on the
improvements plans and drawings entitled LOC► -L 4_a mo v 7 10
and subject to the conditions, requirements and recommendations as
PIN
set forth in the reports of the City Engineer and Planning
Director, which reports shall be incorporated herein by reference.
Further incorporated herein and made a part hereof by reference are
the appropriate resolutions of the Planning Commission and of the
City Council approving Subdivider's tentative map. Subdivider
shall also do all work and furnish all materials which, in the
opinion of the City Engineer and on his order, are necessary to
complete the improvements in accordance with the 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.
3. Work. Places and Grades to be Fixed by Enaineer. All 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, approved by the City Engineer and upon
which he has endorsed his approval, and to the satisfaction of the
City Engineer.
4. Work. Time for Commencement and Performance., city
hereby fixes the time for the commencement of said work to be not
later than six (6) months after date of this agreement, and for its
completion to be within 365 calendar days from the date when the
map is approved by the City Council. At least fifteen (15)
calendar days prior to commencement of work hereunder, Subdivider
shall notify City Engineer in writing of the date fixed by
Subdivider for commencement thereof, so that the City Engineer in
writing of the date fixed by Subdivider for commencement thereof,
so that the City Engineer shall be able to provide services for
inspection.
5. Time is 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.
6. Repairs and Replacements., 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, 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 hereunder, whether such
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property be owned by the United States or any agency thereof, or
the State of California, or any public agency or political
subdivision thereof, or by the City or by any person whomsoever, or
by any combination of such owners. Any such repair or replacement
shall be to the satisfaction, and subject to the approval of the
City Engineer.
7. Utilitv Denosits. Provision. Subdivider shall make all
deposits legally required by each public utility corporation
involved in the provision of services for the subdivision for -the
connection of any and all public utilities to be supplied by such
public utility corporation within the subdivision, and shall ensure
that utilities are available to said subdivision prior to final
occupancy thereof.
8. 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.
8.5. Improvement Reauirements on Land Not Owned by Subdivider
or City. In accordance with Section 66462.5 of the Government
Code, the City requires the Subdivider to pay the cost of acquiring
offsite real property interests required in connection with the
subdivision, including but not limited to, appraisal fees, title
reports, surveying of land to be acquired, witness fees, attorney
fees and all costs of acquisition whether by settlement with
property owners or eminent domain proceedings.
The Subdivider may secure the performance of this provision by
separate improvement security subject to the approval of the City
Attorney.
9. Superintendence by Subdivider. Subdivider shall give
personal superintendence to the work on said improvement, or have
a competent foreman or superintendent, satisfactory to the City
Engineer, on the work at all times during progress, with authority
to act for Subdivider.
10. Inspection by City. Subdivider shall at all times
maintain proper facilities, and provide safe access for inspection
by City to all parts of the work and to the shops wherein the work
is in preparation. The Subdivider shall pay overtime incurred by
City inspectors whenever the Subdivider elects to work on Satur-
days, Sundays, and holidays, he shall also pay overtime incurred by
City Inspector when Subdivider works any overtime hours. The
inspection of work shall not relieve the Subdivider of any of his
obligations to complete the improvements as prescribed. Defective
work shall be made good and unsuitable materials may be rejected,
notwithstanding the fact that such defective work and unsuitable
materials may have been previously overlooked and accepted by the
City Engineer.
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10.5. Inspection by Others. When required by the conditions
for approval of the Tentative Map, the City may require the work or
public improvements or part thereof to be inspected by an outside
consultant selected by the City Engineer. The Subdivider shall be
responsible for all fees, costs and expenses for said inspection
services.
11. Improvement Security. Prior to the filing of the
application for final map with the City Council, the Subdivider
shall present to and file with the City of San Rafael a surety
company bond in the sum of ONE MILLION NINE QED THIRTY THOUSAND
FIVE %1RID NINETY-SEVEN - - - - - Dollars ( 1.930.597.00 )
issued by a company duly and regularly authorized to do a general
surety business in the State of California conditioned upon the
faithful performance of this agreement and by its terms made to
inure to the benefit of the City of San Rafael. The surety on said
bond and form thereof shall be satisfactory to the City Attorney.
Liability under said bond shall be released upon completion of
all work and public improvements to the satisfaction of the City
Engineer as provided by the Subdivision Map Act of the State of
California.
12. Alternate Improvement Securitv.'The Subdivider may
deposit at the time for submission of the bonds mentioned in
paragraph 11 above, in lieu of a surety bond, cash in the amount of
said required bond with the City Treasurer of the City as a
guarantee for the faithful performance of this agreement. The City
Treasurer may disburse progress payments to the Subdivider on his
order as the work progresses; provided first that the Subdivider
shall submit a demand for a progress payment and the demand for
payment and the amount is approved, in writing, by the City
Engineer of the City. No progress payment allowable hereunder
shall be made for more than ninety percent (90%) of the value of
any installment of work and not before each installment of work
shall have been completed to the satisfaction of the City Engineer.
The final payment for the work to be performed under this agreement
shall be made 35 days after formal- acceptance of the subdivision by
the City upon determination of the City Engineer that all public
improvements required by this agreement have been completed to his
full and complete satisfaction. As the hereinabove -mentioned
deposit is a guarantee for the faithful performance of this
agreement, the City may, upon a breach, default, or violation of
any of the provisions of this agreement resort to the hereinabove -
mentioned deposit for the purposes of taking over the work and
prosecuting the same to completion. Upon breach, default or other
violation of this agreement requiring the City to take over the
work, the City Treasurer shall release, to the City Engineer, upon
written demand of the City Engineer, such amount or amounts of the
deposit remaining as the City Engineer estimates is reasonably
necessary to complete the work.
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In lieu of the surety bond or cash as required by Title 15 of
the San Rafael Municipal Code, an instrument or instruments of
credit in the amount of said required bond may be deposited with
City upon condition the financial institution furnishing the credit
pledges to the City it has the funds necessary, that they are on
deposit as guarantee for payment of the public improvements
required and that the said funds are held in trust for the purposes
set forth in this agreement.
13. Labor and Material Bond (50% of Improvement Cost):'' The
Subdivider shall furnish security in the amount of NINE HUNDRED EIGHTY --FOUR
THOUSAND ONE HUNDRED EIGH'T'Y-FOUR- Dollars ($ 984,184.00 ) securing
payment to the contractors, subcontractors, persons renting
equipment or furnishing labor or materials for the public improve-
ments required to be made by this instrument. The security may be
cash, surety bond, or instrument of credit as permitted by the
Subdivision Map Act of the State of California. Such security
shall be retained by the City for a period of ninety (90) days
following acceptance of the public improvements by the City or for
such other period as may be required or permitted pursuant to
Government Code provisions governing the release of labor and
material bonds for subdivision improvements.
14. Monumentation Bond. Subdivider shall furnish a bond or
cash deposit in the amount of (INCLUDED IN THE IlYOTVEh1111T SECURITY)
Dollars ($ -- )
guaranteeing the payment for installation of permanent monumenta-
tion. The monumentation shall be done to the satisfaction of the
City Engineer and shall be completed 365 calendar days from the
actual date of commencement.
15. Maintenance Bond. Subdivider shall furnish prior to
acceptance of the public improvements by the City a maintenance
bond in the amount of FOUR HUNDRED EI -TWO THOUSAND SIX HUNDRED
FORTY-NINE - - - - - - - - - - - - - Dollars ($ 482._649.00 )
guaranteeing said public improvements for a period of one year from
date of acceptance.
16. Hold Harmless Agreement. Subdivider hereby agrees to,
and shall, hold City, its elective and appointive boards, commis-
sions, 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 or Subdivider's contractors, subcontractors,
agents, or employees of the Subdivider's contractors, subcontrac-
tors, 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, indemnify and hold harmless the 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
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operations.
a. 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 of the deposit with City by Subdivider of any of the
insurance policies described in paragraph 18 hereof.
b. 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, regardless of whether or
not City has prepared, supplied or approved of plans,
specifications, or either, for the subdivision, and
regardless of whether or not any insurance policies shall
have been determined to be applicable to any of such
damages or claims for damages.
C. Subdivider agrees that the use of any and all streets and
public improvements hereinabove required to be construct-
ed shall be, at all times prior to the final acceptance
of the subdivision by the City, the sole and exclusive
risk of the Subdivider. The City may, at its sole
option, issue permission to occupy all or a portion of
the Public Improvements prior to Final Acceptance of said
Public Improvements. The issuance of any permission to
occupy such Public Improvements located within the said
subdivision shall not be construed in any manner to be an
acceptance and approval of any or all of said streets and
improvements in said subdivision, or that stage of
development of said streets and improvements represented
by their conditions at the time of issuance of said
occupancy permit or permits, or any stage of their
development reached between the period commencing with
the issuance of any occupancy permit, and the final
acceptance of said subdivision.
17. Protection of Public Safety. The Subdivider is obligated
to protect the public safety during all phases of the work, and
shall erect and maintain all necessary barricades, signs and
warning devices necessary to ensure public protection. In the
event that City discovers a condition on the site which in its
determination constitutes an immediate danger to public safety, and
Subdivider cannot respond at once, City may erect any barriers,
signs and warning devices it deems necessary. In such event,
Subdivider shall pay for the labor of City's crews at the rate of
thirty-five ($35.00) dollars per hour per man; plus the cost of any
materials used and a reasonable fee for use of any barricades found
necessary. In no event shall Subdivider pay less than one hour
minimum per man assigned if City takes action pursuant to this
paragraph.
R
18. Subdivider's Insurance. Subdivider shall not commence
work under this agreement until Subdivider shall have obtained all
insurance required under this paragraph and such insurance shall
have been approved by the City Attorney as to form and City Manager
as to sufficiency, nor shall Subdivider allow any contractor 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 endorsements and shall specifically bind the insurance
carrier.
Subdivider and/or his contractors and/or subcontractors shall
procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work
hereunder by the Subdivider, his agents, representatives, employ-
ees, contractors or subcontractors.
A. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Lia-
bility coverage (occurrence from CGY 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the
State of California and Employer's Liability Insur-
ance.
B. Minimum Limits of Insurance.
Subdivider shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other
form with a general aggregate liability is used,
either the general aggregate limit shall apply
separately to this project/location or the general
aggregate limit shall be twice the required occur-
rence limit.
2. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for
bodily injury or disease.
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C.
D.
Deductibles and Self -Insured Retentions.
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate
such deductibles or self insured retentions as respects
the City, its officers, officials, employees, and
volunteers; or the Subdivider shall procure a bond
guaranteeing payment of losses and related investi-
gations, claim administration and defense expenses.
Other Insurance Provisions.
The general liability and automobile policies are to
contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees,
agents and volunteers are to be covered as insureds
as respects: liability arising out of activities
performed by or on behalf of the Subdivider; prod-
ucts and completed operations of the Subdivider;
premises owned or used by the Subdivider; or auto-
mobiles owned, leased, hired or borrowed by the
Subdivider. The coverage shall contain no special
limitations on the scope of protection afforded to
the City, its officers, officials, employees,
agents or volunteers.
2. For any claims related to this project, the Sub -
divider's insurance coverage shall be primary
insurance as respects the City, its officers,
officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City,
its officers, officials, employees, agents or
volunteers shall be excess of the Subdivider's
insurance required and shall not contribute with
it.
3. Any failure to comply with reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to
the City, its officers, officials, employees,
agents or volunteers.
4. The Subdivider's insurance shall apply separately
to each insured against whom claim is made or suit
is brought except, with respect to the limits of
the insurer's liability.
5. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be
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suspended, voided, canceled by either party, re-
duced in coverage or in limits except after thirty
(30) days' prior to written notice by certified
mail, return receipt requested, has been given.
E. Acceptability of Insurers.
Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A.
F. Verification of Coverage.
Subdivider shall furnish the City with original endorse-
ments effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City.
All endorsements are to be received and approved by the
City before work commences. As an alternative to the
City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance
policies, including endorsements effecting the coverage
required by these specifications.
G. Subcontractors.
Subdivider shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the
requirements stated herein.
19. Title of Improvements. Title to, and ownership of, all
improvements constructed hereunder by Subdivider shall vest
absolutely in City, upon completion and acceptance of such
improvements by City.
20. Repair or Reconstruction of Defective Work., If, within
a period of two years after final acceptance of the work performed
under this agreement, any structure or part of any structure
furnished 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, Subdivider
shall without delay and without cost to City, repair or replace or
reconstruct any defective or otherwise unsatisfactory part or parts
of the work or structure. Liability under the contracts of surety
or guarantee referred to in paragraphs 11 and 12 of this agreement
shall be released upon the completion of all work and public
improvements to the satisfaction of the City Engineer as provided
and permitted by the Subdivision Map Act of the State of Califor-
nia. Should Subdivider fail to act promptly or in accordance with
E
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 the City the actual cost of such repairs plus fifteen
percent (15%).
21. Subdivider Not Accent of Citv., Neither Subdivider nor any
of Subdivider's agents or contractors are or shall be considered to
be agents of City in connection with the performance of SQbdiv-
ider's obligations under this agreement.
22. 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 ensure its completion within
the time specified, or any extensions thereof, or fails to obtain
completion of -said work within such time, or if Subdivider should
be adjudged a bankrupt, or Subdivider should make a general
assignment for the benefit of Subdivider's insolvency, or if
Subdivider, or any of Subdivider's contractors, 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 of breach of this agree-
ment, or of any portion thereof, and default of Subdivider.
23. Breach of Aareement. Performance by Surety or Citv. In
the event of any such notice, Subdivider's surety shall have the
duty to take over and complete the work and improvements herein
specified; provided however, that if the surety, within thirty (30)
days after the serving 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 (5) days after notice to City of such election,
City may elect to 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 in
such event, City without liability for so doing, may take posses-
sion 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 necessary therefor. The Subdivider
shall be liable to the City for any excess costs, claims, damages,
liability, or expenses of whatever nature or kind, direct or
indirect, including reasonable attorney fees which are directly or
indirectly caused by the execution and enforcement of this
agreement.
24. Notices. All notices herein required shall be in writing
and delivered in person or sent by registered or certified mail,
postage prepaid. Notices required to be given shall be addressed
as follows:
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City:
Subdivider:
Surety of
Subdivider:
Insurance Company
of Subdivider:
City Engineer
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
f20 P Cne. i G. N A --n
o i3 E Are- W k4
r3ew --1F1de C14. 9V 9 Z0
7-4r- C-c).JT?✓5rtoiT44— zaSVR.4jeE Co
Cn1A :L.rJ90,@An1GF Co
provided that any party or the surety may change such address by
notice in writing to the other party and thereafter notices shall
be addressed and transmitted to the new address.
25. This agreement shall bind, and the benefits inure to, the
respective parties thereto, their legal representatives, executors,
administrators, successors in office or interest, and assigns.
26. In the event that legal action is necessary to enforce
any provision of this agreement, the prevailing party shall be
entitled to reasonable attorney fees and legal costs.
27. Aareement an Offer Until Accented by City. It is
recognized that this agreement executed by the Subdivider is
submitted at the time of application for approval of the final
subdivision map, and prior to approval of said final subdivision
map, and prior to approval of said final map by the City Council.
Until approval of said final map and execution of this agreement by
City, this agreement shall constitute an offer and may be withdrawn
or modified by Subdivider, but upon such withdrawal, and until an
executed agreement acceptable to City is submitted, the entire
application for final map shall be considered withdrawn.
28. Other Special Conditions.
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Dated this 9th day of June 1993
CITY OF SAN RAFAEL SUBDIVIDER
Qt-��
By : �4"yl-u' .
M or/ // Name and Title y
ATTEST:
k7. \.Ojraj�
4qyTCe rk
APPROVED AS TO FORM:
g-fi�
Ci y Attorney
APP VED AS TO CONTENT:
1 y Engineer
ALL-PURPOSE ACKNOWLEDGMENT NO 209
State of � • ` Y CAPACITY �CLAIMED �BY SIGNER
County of�-+�✓ ❑ INDIVIDUAL(S)1041
OnSD . 93 before m ,
DATE NAME, TijLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC -
personally appeared./,. TAME...✓
NAME(S) OF SIGNER(S)
( personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
I to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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),
orthe entity upon behalf of which the person(s)
OFFICIAL SEAL acted, executed the instrument.
KATHRYN R. MASSARA
m NOTARY PUBLIC -CALIFORNIA
MARIN COUNTY
MY COMM. EXP. JUNE 4, 19 4
CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Witness my hand and official seal. nq
va,
*"L_11�_.S_'GN4RE OF NOTARY
AGREEMENT
THIS AGREEMENT made this 17th day of Mav , 1993,
between the CITY OF SAN RAFAEL, hereinafter called "City", and
ROBERT B. HAM, INC., hereinafter called "Developer".
WITNESSETH:
WHEREAS, the City, as part of the conditions of the approval
of the Tentative Map (T 586-4) for Loch Lomond Unit No. 10, and
pursuant to Resolution No. 8243 dated September 17, 1990, has
required that Developer submit Improvement Security as follows:
1. $1,930,597.00 securing the faithful performance of the
improvements as set forth in the Subdivision Agreement for Loch
Lomond Unit No. 10.
2. $965,298.00 for securing payment of labor and materials
to be utilized on said project.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Developer shall submit Improvement Security as follows:
(a) Improvement Security securing faithful performance
of the public improvements for said Loch Lomond Unit No. 10 of:
(1) Surety Performance Bond $ 984,184.00
(2) Cash Deposit $ 7000,000.00
(3) Note and Deed of Trust $ 246.413.00
TOTAL...............$1,930,597.00
(b) Improvement Security securing payment to the
contractors, subcontractors, persons renting equipment or
furnishing labor or materials for the public improvements required
1
by the Subdivision Agreement for Loch Lomond Unit No. 10 in the
form of a Labor and Material Bond of: $984,184.00.
2. Bills from contractors shall be submitted to the San
Rafael Department of Public Works once each month. The City shall
discuss with the contractor and/or developer the quantities for
progress payments. Thereafter, the City shall cause an estimate in
writing to be made by the City Engineer of the total amount of work
done and the acceptable materials furnished and delivered to the
time of the estimate and the value thereof. The City will
authorize the California Land Title Company of Marin to release
funds up to ninety percent of such estimated value of the work done
and materials furnished.
3. Developer is authorized to substitute security set forth
in paragraph 1, above, with the written approval of City.
4. The Improvement Security for the faithful performance of
the public improvements shall be maintained in accordance with
paragraph (K)(3) of the conditions of approval of the Tentative
Map.
The Subdivider may furnish a Maintenance Bond in the sum
of twenty-five (25%) percent of the estimated cost of the public
improvements to secure the City for any loss which it may sustain
by reason of any defective materials or workmanship which became
apparent within a two-year period from and after acceptance of said
improvements by the City. Otherwise, the Faithful Performance Bond
and Deed of Trust may not be reduced until the expiration of said
two-year period.
K
5. The Labor and Material Bond, Faithful Performance Bond
and Note Secured by Deed of Trust may not be reduced or released
until after completion of the work hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement
on the 9th day of June , 1993.
Attest: THE CITY OF SAN RAFAEL
P, _Cit Clerk
ALL-PURPOSE ACKNOWLEDGMENT
State of eaylA-�
County of
ROBERT B. HAM, INC.
BY: *-� I) 4,-t, P.
APPR:)VED
CITY ATTORNEY
_ NO 209
CAPACITY CLAIMED BY SIGNER
L//4-,�[��Y�J 20. 93 before m � ,
On // DATE NAME, T: LE OF OFFICER- E.G. '-ANE DOE, NOTARY PUBLIC -
personally appeared iGh�'Q-,-,�cJ
NAMEiS) OF 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 ac-
knowledged 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),
�i orthe entity upon behalf of which the person(s)
• ' , , OFFICIAL SEAL acted, executed the instrument.
a =_ KATHRYN R. MASSARA Witness m hand and official seal.
a m NOTARY PUBLIC -CALIFORNIA y
MARIN COUNTY
MY COMM. EXP. JU EE 4 l 4
SIGNATURE O�NOTARY�
❑ INDIVIDUAL(S)
CORPORATE
OFFICER(S) mitt s.G
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑
GUARDIAN/ONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)