HomeMy WebLinkAboutCC Resolution 11947 (Lands of Rainoldi)RESOLUTION NO. 11947
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR SUBDIVISION ENTITLED, " PARCEL MAP — LANDS OF RAINOLDI", TO
CORRECT THE COMPLETION DATE AND TO PROVIDE FOR ALTERNATIVE
SECURITY FOR THE IMPROVEMENTS.
WHEREAS, the City Council of the City of San Rafael, State of California, on February
2, 2004, approved the Parcel Map and Subdivision Improvement Agreement for the parcel map entitled
"Parcel Map Lands of Rainoldi"; and
WHEREAS, subsequent to the recordation of the parcel map, the subdivision was sold to
the Mei Yung Stitzel Irrevocable Life Insurance Trust dated December 31, 1992; and
WHEREAS, on September 7, 2004, the said City Council did enter into a new
Subdivision Improvement Agreement with Raymond S. Bregante, Trustee for the Mei Yung Stitzel
Irrevocable Life Insurance Trust dated 12/31/92; and
WHREREAS, the Subdivision Improvement Agreement provided for the completion of
improvements within 365 days of the from the date of approval of the Subdivision Map, but it should
have provided for completion of the improvements within twenty four months of the date of the
Agreement to be consistent with Section 15.11.130 of the San Rafael Municipal Code; and
WHEREAS, the Subdivider needs to do additional remedial work with respect to the
improvements before the City Engineer will accept the improvements and file a Notice of Completion;
and
WHEREAS, due to the long wet winter, the remedial work has to be performed during
the dry season; and
WHEREAS, the Subdivider would like to amend the Subdivision Improvement
Agreement to provide for the substitution of cash deposits or certificates of deposit as security for the
improvements in lieu of the bonds previously provided to the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of San Rafael, California, that it approves the Amendment to Subdivision Improvement Agreement, dated
September 7, 2004, between the City of San Rafael and Raymond S. Bregante, Trustee, of the Mel Yung
Stitzel Irrevocable Life Insurance Trust dated 12/31/1992, in the form attached hereto as Exhibit "A" to
correct the completion date and to provide for alternative security for the improvements, and authorizes
the Mayor to execute such Amendment.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 1" day of May, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCI I, City Clerk
EXHIBIT"A"
AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AMENDMENT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT, dated September 7, 2004, is made and entered into, as of the
day of , 2006, by and between the City of San Rafael (hereinafter
referred to as "City"), and Raymond S. Bregante, Trustee, Mei Yung Stitzel Irrevocable
Life Insurance Trust dated 12/31/1992 (hereinafter referred to as "Subdivider").
1. The City and the Subdivider hereby amend their Subdivision Improvement
Agreement, dated September 7, 2004, as follows:
a. Section 4, page 3, "Work, Time for Commencement and Performance": The final
phrase of the first sentence is amended to read: "..., and for its completion to be
within 24 months from the date of this Agreement."
b. Section 12, page 4, "Alternate Improvement Security": The Section shall be
revised to read: "In lieu of the Improvement Security (performance) bond
previously provided pursuant to Section 11 herein, the Subdivider may provide a
cash deposit, or a letter of credit or certificate of deposit in a form approved by
the City Attorney, in the amount equal to 200% of the cost of the remaining work
to be done, as approved by the City Engineer, pursuant to Government Code
Section 66499.7 and Section 15.11.150 of the San Rafael Municipal Code." In
lieu of the Labor and Material Bond previously provided by the City Engineer
pursuant to Section 13 herein, the Subdivider may provide a cash deposit, or a
letter of credit or certificate of deposit in a form approved by the City Attorney, in
an amount equal to Thirty One Thousand, One Hundred Dollars ($31,100)."
2. Except as modified herein, all of the terms and conditions of the Subdivision
Improvement Agreement dated September 7, 2004, remain in full force and effect.
Dated this day of . 2006
SUBIVIDER:
By:
Raymond S. Bregante, Trustee
Mei Yung Stitzel Life Insurance
Trust dated 12/31/1992
(If the Subdivider executing this
agreement is a corporation, a 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.
Subdivider's signature(s) must be
Notarized.)
CITY OF SAN RAFAEL:
By:
Albert Boro
Mayor
ATTEST:
Jeanne M. Leoncini
CITY CLERK
APPROVED AS TO FORM:
Gaiy T. Ragghianti
City Attorney
APPROVED AS TO CONTENT:
Andrew Preston
City Engineer
APPROVED:
Ken Nordhoff
City Manager
AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AMENDMENT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT, dated September 7, 2004, is made and entered into, as of the 1 s t
day of MAY , 2006, by and between the City of San Rafael (hereinafter
referred to as "City"), and Raymond S._Bregante, Trustee, Mei Yung Stitzel Irrevocable
Life Insurance Trust dated 12/31/1992 (hereinafter referred to as "Subdivider").
1. The City and the Subdivider hereby amend their Subdivision Improvement
Agreement, dated September 7, 2004, as follows:
a. Section 4, page 3, "Work, Time for Commencement and Performance": The final
phrase of the first sentence is amended to read: "..., and for its completion to be
within 24 months from the date of this Agreement."
b. Section 12, page 4, "Alternate Improvement Security": The Section shall be
revised to read: "In lieu of the Improvement Security (performance) bond
previously provided pursuant to Section 11 herein, the Subdivider may provide a
cash deposit, or a letter of credit or certificate of deposit in a form approved by
the City Attorney, in the amount equal to 200% of the cost of the remaining work
to be done, as approved by the City Engineer, pursuant to Government Code
Section 66499.7 and Section 15.11.150 of the San Rafael Municipal Code." In
lieu of the Labor and Material Bond previously provided by the City Engineer
pursuant to Section 13 herein, the Subdivider may provide a cash deposit, or a
letter of credit or certificate of deposit in a form approved by the City Attorney, in
an amount equal to Thirty One Thousand, One Hundred Dollars ($31,100)."
2. Except as modified herein, all of the terms and conditions of the Subdivision
Improvement Agreement dated September 7, 2004, remain in full force and effect.
Dated this 1 st day of MAY • 2006
SUBIVIDER:
By: - •i /
Raymond S. regan 1
Mei Yung Stitzel Life I.
Trust dated 12/31/1992
(If the Subdivider executing this
agreement is a corporation, a 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.
Subdivider's signature(s) must be
Notarized.)
CITY OF SAN RAFAEL:
7,4,A 4
Albert Boro
Mayor
ATTEST:
�.
eanne M 'eoncini
CITY CLERK
APPROVED
,Y A
Gary T. RaXk anti
City Attorney
APPROVED AS TO
Andrew Preston
City Engineer
APPROVED:
Ken Nordho
City Manager