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HomeMy WebLinkAboutCC Resolution 11302 (Map of Redwood Village)RESOLUTION NO. 11302 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL MAP OF THE SUBDIVISION ENTITLED, "MAP OF REDWOOD VILLAGE" WHEREAS, the City Council of the City of San Rafael, State of California, did in April of 2002, in writing approve of the Vesting Tentative Map entitled "Map of REDWOOD VILLAGE" consisting of fourteen (14) sheets hereinafter referred to; and WHEREAS, said Vesting Tentative Map was revised and the revisions approved by the City Council of the City of San Rafael on February 3, 2003; and WHEREAS, it appears to said City Council and said City Council hereby finds that a Final Map has been submitted that conforms to the Vesting Tentative Map and revised approved conditions, and WHEREAS, it appears to said City Council and said City Council hereby finds and determines that a Final map has been submitted which 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 entitled, "Map of Redwood Village", be and the same is hereby approved, and that the City Clerk of said City be and she 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 15.02.170, 15.11.050, and 15.20.060 of said Subdivision Ordinance, and to transmit said map to the Clerk of the Board of Supervisors of Marin County. IT IS FURTHER RESOLVED that that certain agreement entitled, "Subdivision Improvement Agreement", being the agreement required by Section 15.11.050 of said ordinance, shall, when executed and filed by and or on behalf of the subdivider and approved by the City Attorney and City Manager as provided in Section 15.02.170 of said ordinance, be executed on behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized and instructed to do so. ORIGINAL 01y 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 meeting of the Council of said City held on the 5ch day of May, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JEANNE M. LEONCE,]I, City Clerk OWNER'S STATEMENT The undersigned are the only persons having any record title Interest In the land subdivided and shownon this map, do hereby consent to the praparatlan and recordation of this map, and are all who we necessary to pan dear title to the land subdivided and shown hereon. The undersigned do hereby grant to the City of San Rafael In fee simple SEQUOIA ROAD for strut and roadway purposes and PARCEL A as a Park. The undersigned further dedicates to the City of San Rafael an easement or easements deslgnaled as Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Water Una Easement (W.L.E.). Pedeslrlm Easement (P.E.), Drainage Easement (D.E.), Emergency Vehicular Access Eassmnl (E.V.A.). The easements herein before offered for dedicatlm shall be kept open and fru from permanent buffdings and structures of my kind. The local agency or any other municipal corporation, agency, Public Utility Company w district shall how the right of access Into and upon all such ease- ment for the purpose of improving, maintaining or repairing much sosement. and facilities with- in them; however, said right shall not Impose upon sold local agency, corporation, agency, company or district the obligation of maintenance. Improwmnl w repair. Sanitary Sewer Easements (S.S.E.) will be dedicated to the Las Gollinas Valley Sanitary District by separate Instrument Water Line Easements (W.L.E.) will be dedicated to the Morin Municipal Water District by separate InslromenL Spruce Court and Boxwood Drive are Private Streets and are not hereby dedicated for use by the general public, but are anticipated to be owned and maintained by the homeowners asaoeiotian all in accordance with the anticipated subdivision restrictions goveming the project. Theme private streets are anticipated to be conveyed to the homeowner's association by separate Instrument subsequent to the recordation of this final map. Sycamore Court, Red Oak Court, Bonsai Court, Fr Court, Black Oak Court. Rowan Court, Spindle Court, Dogwood Court, Buckhorn Court, Yew Court, Pear Court, Almond Court, and Apricot Court are Private Driveways and are not hereby dedicated for use by the general public but are anlicipalmd to be owned and maintained by the homeowner's association all in accordance with the anticipated subdivision restrictions governing the project. These Private Driveways am anticipated to be conveyed to the homeowner'. .....iation by .Operate instrument subsequent to the recordation of this final map. Private Driveways are Access Easements (A.E.) for the benefit of and appurtenant to the lots listed for each named driveway for the purpose of Ingress and egress. Said Private Driveways and late are listed as follows: Sycamore Court Lots t, 2,3,4,5 and S. Red Oak Court Lot. 7, S. 9, 10, 11, 12. 13, and 14. Bonsai Court Lots 15, 16, 17, 16, 19, 20, 21 and 22 Fr Court Lots 23, 24, 25, 26, 27, 28, 29 and 30. Block Oak Court Lots 31, 32, 33, 34, 35, 36, 37 and 38. Rowan Court Lots 39, 40, 41, 42 and 43. Spindle Court Lots 47, 48, 49 and 50. Dogwood Court Lot. 60, 61, 62 and 63. Sue khom Court Lots 64, 65, 66 and 67. Yew Court Lots 68, 69 and 70. Pear Court Lob 71, 72, 73, 74, 75, 76, 77, 78 and 79. Boxwood Court Lots 71, 72, 73, 74, 75, 76, 77, 78 and 79. Apricot Court Lets 71, 72, 73, 74. 75, 76, 77, 78 and 79. Private Driveways Sycamore Court, Red Oak Court, Bonsai Court, Fir Court, Black Oak Court, Rowan Court, Spindle Court, Dogwood Court, Buckhom Court and Yew Court are de.f rated as Private Utility. Easements for the construction and maintenance of private utty facilities, Including private water service factlitiss. Sold maintenance is anticipated I. become it responsibility of the homeowners association all in accordance with the anticipated subdivismn restrictions governing the project. Private Yard Easements (P,Y.E.)om not hereby dedicated for use by the general public, but ore for the benefit of and era appurtnanl to the adjoining numbered tat as noted. The easements are for the purpose of access, landscaping, maintenance and drainage. Maintenance of said easement area Is the responsibility of the lot benefiting from maid easement, and said maintenance Is anticipated to be mon precisely defined by the anticipabd subdivision restrictions governing this project. A'P.N.NO.179-131-01 do 179-142-30 TITLE COMPANY # Private Drainage Easements (P.D.E.) are not hereby dedicated for use by the general pubilc, but are for the benefit of and appurtenant to late contributing drainage to the facilities contained In sold sosement. Maintenance of facilities in said easements ie the responsibility of the lot encumbered by said easement, and mid maintenance is anticipated to be more precisely defined by the anticipated subdivision restrictions governing this project. Those areas designated as P.S.E. (Private Service Easement) are not hereby dedicated for use by the general public but are for the benefit of and appurtenant to lots 1 through 43, 47 through 50 and 60 through 70 for construction and private maintenance and replacement, of private utflity facilities, including private storm drainage, private sanitary sewer, and all appurtenances to said facilities, under, on and over said areas of land. Said maintenance Is anticipated to become the responsibility of the HOMEOWNER'S ASSOCIATION all in accordance with the anticipated subdivision restrictions governing this project SIGNATURE PROPERTIES, REDWOOD VILLAGE, A CAUFORNIA LIMITED LIABILITY COMPANY, AS OWNER BY: SIGNATURE PROPERTIES, INC., A CALIFORNIA CORPORATION, ITS MANAGER. By. By. VALLEY CONSERVATIVE BAPTIST CHURCH OF SAN RAFAEL, CALIFORNIA A CORPORATION, AS OWNER By. By Title: Title: PRLAP, INC. A CORPORATION, AS TRUSTEE Bye Biu Title: Title: ACKNOWLEDGEMENT STATE OF COUNTY OF ) On before me, a Notary Public in and for said county and stale, personally appeared personally known to me or proved to me an the basis of satisfactory evidence to be the persons whoa. name ore subscribed to the within Instrument and ocknnwimied to me that they.. -led the some in their authorized capacities, and that by their signatures an the Instrument the persons or enity upon behalf of which the persona acted, executed the instrument. WITNESS my hand and Official Seo[. SIGNATURc' ACKNOWLEDGEMENT STATE OF ) SS COUNTY OF ) on tLsfore me, o Notary Public In and for said county and state, personally appeared Personally known to me or proved to me an the balm of satisfactory evidence to be the persons whose name. we subscribed to the within Instrument and acknowledged to me that they ueculed the some In their authorized capacities, and that by their signatures on the Instrument the persons or enity upon behalf of which the persons acted, executed the Instrument. WITNESS my hand and Official Seal. SIGNATURF ACKNOWLEDGEMENT STATE OF COUNTY OF ) SS On %Lefwe me, a Notary Public in and for sold county and state, personally appeared personally known to me or prawd to me on the bels of satisfactory evidence to be the persons whose names we eub."Ib.d to the within Instrument and acknowledged to me that they executed the some in their authorized capacities, and that by their signature. on the Instrument the persona or enity upon behalf of which the persons acted, executed the Instrument. WITNESS my hand and Official Seal. SIGNATURE MAP OF REDWOOD VILLAGE SAN RAFAEL, MARIN COUNTY CALIFORNIA 79 LOTS, 5 PARCELS, 18.545 ACRES OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. SAN RAFAEL, CALIFORNIA SHEET 1 OF 14 SHEETS COUNTY TAX COLLECTOR'S STATEMENT I, the und.rsigned, on behalf of the Toe Collector of the County of Marin and Cities therein, Slate of Call—la, hereby state that there are no lions for unpaid taxes, County or City or .pedal assessments collected as taxes except taxes or special assessments not yet payable against the treat or subdivision of land shown hereon or any part thereof. Signed this day of 2003 MICHAEL J. SMITH, Tax Collector County of Marin and Cities therein, Stale of Callfomla By Deputy CLERK OF THE BOARD OF SUPERVISORS' STATEMENT i, the und"gnad, Clark of the Board of Supervisors of the County of Marin, Stale of California, do hereby Slate that a good and sufficient bond approved by and In the amount fixed by sold Board of SuppeM.ors hoe bean fled with acid Board and that said bond by Its term. la made to Inure to the benefit of sold County of Morin and Is conditlmed for the payment of of taxes which may be at the time of recwding of this map a Ilan against the tract ar subdivision of land Mown herein or any part thereof but not yet payable. WTNESS,my hand and .sol this day of 2003 Signed Clark of the Board of Supervisors of the County of Marin, State of California SOIL REPORT STATEMENT A geotechnical Investigation dated March 15, 1999 prepared by 1ERRASEARCH, INC A.P N.NO.179-131-01 do 179-142-30 TITLE COMPANY III ENGINEER'S STATEMENT I, Leon E. Obwkompw, slate that I am o Registered Civil Engineer under the Iowa of the Slate of California. that the surveying and checking of the mop shown hereon was done by me or under my direction during the month of NOV. 1999; that the survey If true and complete an shown; that the manumento are of the character and accupy the position. shown an this map by _ _ ,and that a survey of the properly can be retraced from sold monuments. Signed this day of 2003 Lem E. Oberkampw RCE 12094 (a.p.3-31-05) CITY ENGINEER'S STATEMENT I, the undersigned, City Engineer of the City of San Rafael. Stale of California hereby state that 1 have examined this final map, that the subdivision as Mown hereon Is substantially the same as it appeared an the Tentative Map and my approved oflwottans thereof, that all provisions of oncee Chapter 2 of the Subdivision Map Act and any local ardinapplicable at the time of the approval of the Tentative Map haw been complied with and I am satisfied that said map le technically correct. Signed this day of 2003 Andrew Preston, City Engineer, City of San Rafael, California CITY CLERK'S STATEMENT The City Councl of the City of San Rafael, Stale of California. at a regular meeting held an tha day of 2003; examined the Map of REDWOOD VILLAGE and the City Counel by Rnalutlon No duly passed at the meeting aforesaid, approved this map and on behalf of the public accepted subject to Improvement, SEQUOIA ROAD fa street and roadway purposes, PARCEL A are a Park and Pedestrian Easement and Drainage Easements and rejected all other offers of dedication. Signed thla day of 2003 City Clark of the City of San Rafael, State of Cnfifomla RECORDER'S STATEMENT Filed this day of 1003, at In Volume—of Maps at Page at the request of the City of Son Rafael. Serial No. Fee Joan C. Thayer, County Recorder. Morin County, California Signed Deputy MAP OF REDWOOD VILLAGE SAN RAFAEL, MARIN COUNTY CALIFORNIA 79 LOTS, 5 PARCELS, 18.545 ACRES OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. SAN RAFAEL, CALIFORNIA SHEET 2 OF 14 SHEETS LEGEND 3ASIS OF BEARINGS IS THE FOUND STREET MONUMENTS N NORTH SAN PEDRO ROAD, AS SHOWN ON 20 PM 18, I OS 48 AND 11 OS 45. I.a.N40'43'28'E 270.39' OO _FOUND STANDARD STREET MONUMENT ®_SET STANDARD STREET MONUMENT O_SET 3/4'IRON PIPE RCE 12094 (R)_RADNL ALL PRIVATE DRIVEWAYS EXCEPT APRICOT CT.. ALMOND CT. AND PEM CT. ARE AE., P.D.E., P.U.E., S.S.E., P.S.E. AND E.V.A. APRICOT CT., ALMOND CT. AND PEM CT. ARE A.E., P.D.E., P.U.F. S.S.E., AND W.L.E. PARCEL A IS A PARK PARCEL TO BE OFFERED FOR DEDICATION TO THE CITY OF SAN RAFAEL AND D.E. PARCEL B IS A CHURCH PARCEL PARCEL C IS A PG&E EASEMENT AND D.E. AS SHOWN PARCELS D & E ARE WETLAND/CREEK PARCELS, P.O.E., PRIVATE OPEN SPACE AND NOT FOR DEVELOPMENT PURPOSES BOXWOOD DRIVE & SPRUCE COURT ARE PRIVATE STREETS, AE., P.U.E., P.O.E., S.S.E., W.L.E. AND ENA LOTS 71-79 ARE CONDOMINIUM LOTS '.U.E._PUBUC UTILITY EASEMENT—P.S.E.—PRIVATE SERVICE EASEMENT LS.E._SARITARY SEWER EASEMENT—A.E.—ACCESS EASEMENT I.E.—DRAINAGE EASEMENT—W.L.E._WATER LINE EASEMENT '.E`PEDESTRWJ EASEMENT—P.O.E._PRNATE DRAANAGE EASEMENT '.V.A.—EMERGENCY VEHICULAR ACCESS HE BLUE BORDER INDICATES THE BOUNDARY OF LAND WBDMDED BY THIS MAP. MAP OF REDWOOD VILLAGE SAN RAFAEL, MARIN COUNTY CALIFORNIA 79 LOTS, 5 PARCELS, 18.545 ACRES OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. SAN RAFAEL, CALIFORNIA SHEET 3 OF 14 SHEETS CITY OF SAN RAFAEL, CALIFORNIA SUBDIVISION IMPROVEMENT AGREEMENT Redwood Village THIS AGREEMENT is made and entered into by and between the City of San Rafael (hereinafter referred to as "City"), and Signature at Redwood Village, LLC, a California limited liability company (hereinafter referred to as "Subdivider"). RECITALS Subdivider has presented to City for approval a final subdivision map entitled: "Map of Redwood Village". 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 designated in the map hereinafter called "Subdivision," 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 Subdivision, 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. Subdivider shall construct all improvements outlined and set forth on the improvement plans identified herein and shall perform all other obligations of Subdivider required under this Agreement (the "Work"). The Work shall consist of the improvements shown on the following plans (collectively, the "Plans and Specifications"): A. Improvement Plans: Improvement Plan - Redwood Village, prepared by Oberkamper & Associates Civil Engineers Inc., dated March, 2003; B. Merrydale Road Offramp Plans: Merrydale Offramp from Southbound Highway 101, prepared by Oberkamper & Associates Civil Engineers Inc. and Whitlock and Weinberger Transportation, dated February 2003 (as such plans may be modified by revisions required by CalTrans); C. Landscape Plans: Redwood Village, San Rafael, California — Signature Properties, prepared by The Guzzardo Partnership Inc., dated March, 2003; D. On -Site Wetlands and Native Grasslands: On -Site Wetlands and Native Grassland Mitigation and Monitoring Plan, prepared by LSA Associates, Inc., dated January 14, 2003; and E. Off -Site Grasslands Mitigation Plan: Native Grassland Restoration and Enhancement plan, prepared by LSA Associates, Inc., dated December 12, 2002. nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc F Subdivider understands and agrees that the Plans and Specifications are subject to minor changes and technical corrections that may be required by the City Engineer as necessary to ensure compliance with applicable City ordinances, regulations and the Conditions of Approval. Subdivider hereby covenants and represents to the City that the Plans and Specifications are in accordance with the Tentative Map approval and all other plans for the subdivision previously approved by the City in the course of any City approval process, together with all conditions made a part of said approval(s). Subdivider further covenants and represents to the City that the Plans and Specifications are adequate to accomplish the Work in good, workmanlike manner and in accordance with accepted construction practices. The Subdivider may modify the Plans and Specifications as the development progresses should unforeseen conditions occur only upon the prior written approval of the City Engineer. Should the Plans and Specifications at any time prior to final acceptance the Work prove to be inadequate in any respect, in the good faith opinion of the City, then the Subdivider shall make such changes in the Plans and Specifications as are necessary to satisfy the City's requirements hereunder, all at no expense to the City. 2. Soils Engineering Contractor. It is mutually agreed that Terrasearch, inc. shall act as the soils engineering firm to perform required soils testing and investigation during the construction of the Work. 3. Work, Places and Grades to be Fixed by Engineer. All of the 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, and to the satisfaction of the City Engineer. 4. Work. Time for Commencement and Performance. City hereby fixes the time for the commencement of the Work to be not later than six (6) months after date of this Agreement, and for its completion to be within three hundred and sixty five (365) calendar days from the date when the map is approved by the City Council. At least fifteen (15) calendar days prior to commencement the Work, Subdivider shall notify 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. 4.1 Certificates of Occupancy. Notwithstanding any term or provision of this Agreement to the contrary, the parties hereby agree that Subdivider shall not be entitled to obtain a Certificate of Occupancy for any residence (other than for use as model homes and/or a sales office) prior to the latest to occur of the following events: A. On -Site Creek/Wetland Mitigation: The completion of the installation of the on-site wetland and native grassland mitigation improvements pursuant to the approved plans; nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc B. Park. The three (3) acre public park shall have been (a) completed pursuant to the approved plans and (b) accepted by the City for commencement of public use; and C. Project Landscaping. Subject to the provisions of Condition of Approval #35, the project landscaping shall have been installed pursuant to the approved plans. 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 here under. 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 here under, whether such 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. Utility Deposits, 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 the 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. 8.1 Improvement Requirements on Land Not Owned by Subdivider or City. In accordance with Section 66462.5 of the Government Code, the City requires 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. Subdivider may secure the performance of this provision by separate security subject to the approval of the City Attorney. nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc 9. Superintendence by Subdivider. Subdivider shall give personal superintendence to the Work, or have a competent foreman or superintendent, satisfactory to the City Engineer, available to the City at all times during progress, with authority to act for Subdivider. 10. Inspections. 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. Subdivider shall pay overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays, Sundays, and holidays, and hours outside the normal City workday (8:30 a.m. to 5:00 p.m.). Subdivider shall make cash deposits of such amounts with the City as are determined by the City Engineer, from time to time, to be necessary to cover such anticipated inspection and engineering costs, pursuant to Section 15.20.070 of the San Rafael Municipal Code. When required by the Conditions for Approval of the Tentative Map, the City may require the work or improvements or part thereof to be inspected by an outside consultant selected by the City Engineer. Subdivider shall be responsible for all fees, costs and expenses for said inspection services. The inspection of work shall not relieve Subdivider of any of its obligations to complete the Work 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. 11. Improvement Security (100% of Approved Engineer's Estimate). 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 surety company bonds in the following sums: A. In -Tract Subdivision Improvements: One Million Four Hundred Fourteen Thousand and Fifty Eight Dollars ($1,414,058.00) (Note: Includes on-site wetland and grasslands and monumentation); B. Merrydale Road Offramp Improvements: Fifty Nine Thousand Nine Hundred and Sixteen Dollars ($59,916.00); C. Off -Site Storm Drain Improvements: Two Hundred and Forty Nine Thousand Fifty Nine Dollars ($249,059.00); D. Rough Grading: One Hundred and Sixty Five Thousand Dollars ($165,000.00); E. Park Improvements: Five Hundred Thousand Seven Hundred and Sixty Eight Dollars ($500,768.00); and F. Off -Site Grassland Mitigation: Thirty Three Thousand Dollars ($33,000.00). The above-mentioned surety company bonds shall be 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. nAproj\Ranch ParkTorward Planning\Contract\.SIA — 4.28.03 Execution.doc Liability under said bond shall be released upon completion of the required improvements, following the certification of same by the City Engineer, the recommendation for release by the City Manager, and the approval of the release by the City Council, pursuant to Section 15.20.110 of the San Rafael Municipal Code. 12. Alternate Improvement Security. 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 from any cash security deposits, after the Subdivider has submitted a demand for a progress payment together with evidence of satisfactory completion of the portion of the required improvements covered by such progress payment, following the certification of same by the City Engineer, the recommendation of the progress payment by the City Manager, and the approval of the progress payment by the City Council, pursuant to Section 15.20.110 of the San Rafael Municipal Code. No progress payment allowable here under 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 improvements required by this Agreement have been completed to his full and complete satisfaction. As the herein above-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 herein above 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. 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 improvements required and that the said funds are held in trust for the purposes set forth in this Agreement. 13. Labor and Material Bond (100% of Approved Engineer's Estimate). The Subdivider shall furnish surety company bonds securing payment to the contractors, subcontractors, persons renting equipment or furnishing labor or materials for the Work in the following amounts: A. In -Tract Subdivision Improvements: One Million Four Hundred Fourteen Thousand and Fifty Eight Dollars ($1,414,058.00); nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc B. Merrydale Road Offramp Improvements: Fifty Nine Thousand Nine Hundred and Sixteen Dollars ($59,916.00); C. Off -Site Storm Drain Improvements: Two Hundred and Forty Nine Thousand Fifty Nine Dollars ($249,059.00); D. Rough Grading: One Hundred and Sixty Five Thousand Dollars ($165,000.00); E. Park Improvements: Five Hundred Thousand Seven Hundred and Sixty Eight Dollars ($500,768.00); and F. Off -Site Grassland Mitigation: Thirty Three Thousand Dollars ($33,000.00). Such security shall be retained by the City until the earlier to occur of (a) the date that is ninety (90) days following acceptance of the improvements by the City or (b) the date that is thirty five (35) days after the filing of a valid Notice of Completion for the work conducted pursuant to this Agreement. 14. Intentionally Omitted. 15. Maintenance Bond (10% of the Improvement Cost). Subdivider shall furnish prior to acceptance of the improvements by the City maintenance bonds guaranteeing the Work for a period of one (1) year after the date of acceptance (the "Maintenance Period") in the following amounts: A. In -Tract Subdivision Improvements: Two Hundred and One Hundred and Nine Dollars ($212,109.00); B. Merrydale Road Offramp Improvements: Eight Thousand Nine Hundred and Eighty Seven Dollars ($8,987.00); C. Off -Site Storm Drain Improvements: Thirty Seven Thousand Three Hundred and Fifty Nine Dollars ($37,359.00); D. Park Improvements: Seventy Five Thousand One Hundred and Fifteen Dollars ($75,115.00). Liability under said bond shall be released upon the completion of all required work identified by the City Engineer in writing and delivered to Subdivider within the Maintenance Period. 16. 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 of the 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 in the completion of the Work. 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 operations. nAproj\Ranch ParkTorward Planning\Contract\SIA - 4.28.03 Execution.doc 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 herein above required to be constructed shall be, at all times prior to the final acceptance of the Subdivision by the City, the sole and exclusive risk of Subdivider. 17. Protection of Public Safety. 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 then current "fully loaded" rate of compensation, 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. 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 its 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 by Subdivider, its agents, representatives, employees, contractors or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence from CGY 000 1). n:\proj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc 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 Insurance. 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 occurrence 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. C. 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 investigations, claim administration and defense expenses. D. 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 Subdivider; products and completed operations of the Subdivider, premises owned or used by Subdivider; or automobiles owned, leased, hired or borrowed by 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, Subdivider'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. nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced 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 endorsements 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 within accepted public right of way and public easements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, as evidenced by the filing of the Notice of Completion with the County Recorder. 20. Repair or Reconstruction of Defective Work. If, within a period of one (1) year after final acceptance of the Work, 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 fails to fulfill any of the requirements of this Agreement or the Plans and Specifications, 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. 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 the City the actual cost of such repairs plus fifteen percent (15%). 21. Subdivider Not Agent of City. 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 Subdivider'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 nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc time specified, or any extensions thereof, or fails to obtain completion of the 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 Agreement, or of any portion thereof, and default of Subdivider. 23. Breach of Agreement, Performance by Surety or City. In the event of the delivery of any such notice pursuant to Section 22, Subdivider's surety shall have the duty to take over and complete the Work; 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 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 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 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: City: City of San Rafael P.O. Box 151560 1400 Fifth Avenue San Rafael, Ca. 94915-1560 Subdivider: Signature at Redwood Village, LLC c/o Signature Properties, Inc. 4670 Willow Road, Suite 200 Pleasanton, CA 94588 Attention: Dave Miller Phone: (925) 463-1122 Fax: (925) 463-0832 nAproj\Ranch ParkTorward Planning\Contract\SIA — 4.28.03 Execution.doc Subdivider Insurance Company: Everest Indemnity Insurance Company c/o Tanner Insurance Brokers 4670 Willow Road, Suite 250 Pleasanton, CA 94588 Attention: Mr. Ron Hembroth Ph.: (925) 463-9672 Fax: (925) 463-0192 Surety of Subdivider: American Motorists c/o Tanner Insurance Brokers 4670 Willow Road, Suite 250 Pleasanton, CA 94588 Attention: Mr. Ron Hernbroth Ph.: (925) 463-9672 Fax: (925) 463-0192 It is 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. Binding of Agreement. 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. Legal Fees. 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. Agreement an Offer Until Accepted by City. It is recognized that this Agreement executed by 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. Agreement to Run With Land, Termination. This Agreement shall run with the land included within the Subdivision, provided, the Agreement shall immediately terminate with respect to any residential Lot included within the Subdivision that has been improved with a residence and transferred to a third party homeowner/homeowners' association. nAproj\Ranch ParkTorward Planning\Contract\SIA - Redline 4.21.03.doc 29. Approval and Consent. Where either party's approval or consent is required under this Agreement, such approval or consent shall not be unreasonably withheld or delayed. 30. Time of the Essence. Time is of the essence for the performance of each obligation, approval, inspection and acceptance under this Agreement. [Signatures on next page] n:\proj\Ranch ParkTorward Planning\Contract\SIA - Redline 4.21.03.doc Dated this 5th day of MAY CITY OF SAN RAFAEL: y: bert Bo 0 Mayor ATTEST: By: Ye3nne M. Leoncini CITY CLERK , 2003 APPROVED AS TO CONTENT: By: Andrew Pre on i City Engineer APPROVED: By: od Gould City Manager SUBDIVIDER: Signature at wood Village, LLC, a C;.� ted liability company, NamTitl. (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.) n:lproj\Ranch ParkTorward Planning'•.Contract'•:SIA - Redline 4.21.03.doc TFORNIA ALL-PU"OSE'ACKN WLEDGMENT " STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) ss. On April 28, 2003, before me, Janet Faltings, Notary Public, personally appeared James C. Ghielmetti, personally known to me (^r- „roved to mo „ th3 basiz of satin ^e*er-y evidenee) to be the person(s) whose name(s) is/tee subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his 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. et Faltings JANET FALTINGS COMMISSION 1326971 NOTARY PUBUC•CAUFORNIA ALAMEDA COUNTY My com4Wn exs Nov 24, 2005