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Home My WebLink AboutCC Resolution 11652 (Redwood Village Release of Impr. Bonds)RESOLUTION NO. 11652 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT WITH SIGNATURE AT REDWOOD VILLAGE, LLC, REGARDING THE RELEASE OF IMPROVEMENTS BONDS FOR THE REDWOOD VILLAGE DEVELOPMENT The City Council of the City of San Rafael hereby resolves as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, the Amendment to Subdivision Improvement Agreement with Signature Properties at Redwood Village, LLC, regarding the release of improvement bonds for the Redwood Village development, a copy of which is attached hereto as Exhibit "A". I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that this Resolution was duly and regularly introduced and adopted at a special meeting of said City Council held on the 19th day of October, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, biller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEON NI, City Clerk fn fflIL �� N AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT Redwood Village This Amendment to Subdivision Improvement Agreement is 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 City and Subdivider entered into a Subdivision Improvement Agreement, dated May 5, 2003, with respect to the development known as Redwood Village. Paragraph 11 of the Subdivision Improvement Agreement provides for six separate improvement security (performance) bonds with respect to different improvement projects required to be completed as part of the development, and provides for release of these bonds only after certification of the completion of the improvements by the City Engineer, the recommendation for release by the City Manager, and the approval of release by the City Council, pursuant to San Rafael Municipal Code Section 15.20.110 that was then in effect. Following the execution of the Subdivision Improvement Agreement, the City adopted anew Subdivision Ordinance, which deleted Section 15.20.110 and substituted Section 15.11.150 which provides that improvement securities shall be released upon completion of the improvements and final inspection and approval by the City Engineer. NOW, THEREFORE, the parties agree that the final subparagraph of Paragraph 11 of the Subdivision Improvement Agreement shall be amended to read as follows: "Liability under said bonds shall be released upon completion of the improvements and final inspection and approval by the City Engineer pursuant to San Rafael Municipal Code Section 15.11.150." WHEREFORE, the parties have entered their signatures hereafter. COPS° EXHIBIT A Dated thisl 9thday of October, 2004. CITY OF N RAF EL: SIGNATURE AT REDWOOD VILLAGE, LLC, a California By: limited liability company: Albert J. 1§oro Mayor By: Name. --Michael Ghielmetti Title: QMt nO< pG �IOc*1D�,t31� ATTEST: ta=ne.. Leoncini City Clerk APPROVED AS TO FORM: Gary T. Raggianti City Attorney APPROVED AS TO Andrew Preston City Engineer .... 7 IMMUNE KIN Rod Gould City Manager 111_vr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Alameda On October 13. 2004 before me, Ruth Stamos, Notary Public Date Name and Ttls of Officer (e g , "Jane Doe. Notary Public') personally appeared Michael Ghielmetti r Name(s) of Signerls) M'personally known 10 me ❑ proved to me on the basis of satisfactory evidence to be the personK whose name(g) is/afe subscribed to the within instrument and acknowledged to me that he/s4eAhet executed the same in his/hefA4e4 authorized capacity(i4, and that by his/h+kheir signatureA on the instrument the person($), or the entity upon behalf of which the person(A acted, executed the instrument. WITNESS my hand and official seal. A j —� -- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Amendment to Subdivision Improvement Agreement Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Two Mill MORROW, Top o1 thumb here O 1999 National Notary Association - 9350 Oe Soto Ave, PO Box 2402 - Chatsworth, CA 91313-2402 • www nal onalnotary.org Prod- No. 5907 Reorder Call Toll -Free 1-B00-B76.6B27 II L Cz RUTHSTAMOS Commission # 1457360 California (Votary Public -'� Alameda County `7211,MMy Comm Expires Inn 18.2008* to be the personK whose name(g) is/afe subscribed to the within instrument and acknowledged to me that he/s4eAhet executed the same in his/hefA4e4 authorized capacity(i4, and that by his/h+kheir signatureA on the instrument the person($), or the entity upon behalf of which the person(A acted, executed the instrument. WITNESS my hand and official seal. A j —� -- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Amendment to Subdivision Improvement Agreement Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Two Mill MORROW, Top o1 thumb here O 1999 National Notary Association - 9350 Oe Soto Ave, PO Box 2402 - Chatsworth, CA 91313-2402 • www nal onalnotary.org Prod- No. 5907 Reorder Call Toll -Free 1-B00-B76.6B27 II L Cz