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HomeMy WebLinkAboutStaff Report 312-07City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: JULY 30, 2007 CMR: 312:07 4249 EL CAMINO REAL [07PLN-00172]: REQUEST BY JUNIPER HOMES FOR APPROVAL OF A FINAL MAP TO CREATE TWO SINGLE FAMILY RESIDENTIAL PARCELS AND A REMAINDER LOT. RECOMMENDATION Staff and the Planning and Transportation Commission (PTC) recommend that the City Council approve the proposed Final Map to create two single family residential parcels and a remainder lot. On May 7, 2007 the City Council approved a Tentative Map to create two single family lots and a remainder lot. The City Council also approved a Negative Declaration for the project. The Record of Land Use Action for the Tentative Map is contained in Attachment A. DISCUSSION The proposed two lot subdivision would be at the rear of the existing Elk’s Lodge property with frontage on Wilkie Way. These two lots would be adjacent to the three lot subdivision requested by Juniper Homes and approved in August, 2006. Juniper Homes had originally requested a Tentative Map to create a five lot subdivision in this location. During the application review process, the Elk’s Lodge restricted the applicant to a three lot subdivision, due to a lease agreement between the Elk’s Lodge and The Early Learning Institute (ELI), which was operating in the southeast corner of the site, in the area of the proposed subdivision. Approval of the three lot subdivision did not affect ELI and its operations. The Elk’s Lodge permitted the applicant to proceed with the subdivision for the final two lots when ELIhad secured a new location for the school. The Final Map for the two lot subdivision, the Record of Land Use Action for the Tentative Map, and the Subdivision Agreement have been provided for the Council’s review. The Planning Division, the Public Works Department and the City Attorney have CMR: 312:07 Page 1 of 2 reviewed the Final Map and Subdivision Agreement and have determined that they are consistent with the Tentative Map and Record of Land Use Action. According to the State Subdivision Map Act, the City Council must therefore approve the Final Map. The map satisfies all approval conditions for the Tentative Map, including the preparation of a Subdivision Improvement Agreement (Attachment B). The conditions of approval require that a new public curb, gutter and sidewalk be extended approximately 40 feet south of the property in an area where no curb, gutter and sidewalk currently exist. This work will be completed as part of the off site improvements of the subdivision. The applicant and the City have entered into a Below Market Rate (BMR) Agreement for the initial three-lot subdivision. The applicant has paid in-lieu fees to satisfy the BMR requirement. PREPARED BY: ENVIRONMENTAL REVIEW An Environmental Impact Assessment and a Negative Declaration was prepared for the project. The Environmental Assessment found that the impacts produced by the project, including the development of the single-family homes, would have less than significant impacts on the environment. The City Council approved the Negative Declaration at the May 7, 2007 meeting. The Final Map is consistent with the approved Negative Declaration. STEVEN TURNER Senior Planner DEPARTMENT HEAD: CITY MANAGER APPROVAL: STEVF, d~MSLIE Director of Planning and Community Environment Assistant City Manager ATTACHMENTS A.Record of Land Use Action of Tentative Map Approval B.Subdivision Agreement C.BMR Agreement D.Final Map (Council Members Only) COURTESY COPIES: Ric Denman, Juniper Homes Jim Baer, Premiere Properties CMR: 312:07 Page 2of2 ATTACHM ENT A APPROVAL NO. 2007-04 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 4249 EL CAMINO REAL: TENTATIVE MAP 06PLN-00267 (JUNIPER HOMES, APPLICANT) At its meeting on May 7, 2007, the City Counci! of the City of Pa!o Alto approved the Tentative Map to subdivide two parcels (approx. 7.59 acres tota!) and create two single-family lots, plus a remainder lot, making the following findings, determination and declarations: SECTION i.Background. The City Council of the City of Palo Alto (~City Council" finds, determines, and declares as follows: A. Proposed by Juniper Homes on behalf of the Palo Alto Elk’s Lodge, this project involves the subdivision of the existing Elk’s Lodge site (approx. 7.59 acres total) creating two single- family !ors with a ~eminder lot. Lot 1 would be 8,316 square feet and Lot 2 would be 8,338 square feet. The remainder !ot would be approximately 7 acres. Each single-family lot would be deve!oped in the future to contain one dwelling unit per lot. This density complies with the permitted density on the newly created lots that would be allowed in the R-I and RM-15 districts. B. The Tentative Map plan set includes information on the existing parcels, onsite conditions, and the layout of the proposed new lots. These drawings are in compliance with the applicable provisions of the City’s Subdivision Ordinance. These plans contain all information and notations required to be shown on a Tentative Map (per PAMC Sections 21.12), as well as the design requirements concerning the creation of lots, streets, walkways, and similar features (PAMC 21.20). C. In 2005, the applicant originally requested a Tentative Map to create a five lot subdivision along Wilkie Way on the Elk’s Lodge site. During the application review process, the property owner restricted the applicant to a three lot subdivision with a remainder lot, due to a lease agreement for an existing use in the vicinity of .the subdivision. The applicant revised the application and requested.a Parcel Map to create three single- family lots with a fourth remainder lot. The subdivision did not affect the existing use, and was designed to be in compliance with all codes and regulations governing minor subdivisions. The Parcel Map process is used for minor subdivisions that create four or fewer lots. The Parce! Map was approved in October 2006. D. The property owner has permitted the applicant to proceed with the remaining two lot subdivision, which would result in the five-lot configuration that was originally intended for the site. Although the applicant’s request is for only two single- family lots and a remainder lot, the Subdivision Map Act requires that any further division of the origina! parcel may only be accomplished through the Tentative Map and Final Map processes. SECTION 2.Environmental Review.The California Environmental Quality Act (CEQA) lists a minor land division of property in an urbanized area into four or fewer parcels as exempt from CEQA if the subdivision is in conformance with all zoning regulations. The project is not exempt from CEQA because the subdivision would create two lots on a site that was previously subdivided, and thus a Tentative Map and Final Map are required. Tentative Map projects are not exempt from CEQA. An Environmental Impact Assessment and a Negative Declaration was prepared for the project. The assessment was available for a 20-day review period between January I!, 2007 and January 30, 2006. SECT!ON 3.Tentative Map Findinqs. A legislative body of a city shall deny approva! of a Preliminary Parcel Map, if it makes any of the following findings (California Government Code Section 66474): I. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan. The land use designation in the area of the subdivision is Single Family Residential and Multiple Family Residential. The proposed development of single-family parcels would be consistent with Single Family land use area. Only a small portion of the lots are designated as Multiple-Family. The larger remainder parcel is designated Multiple-Family and is expected to be developed with multiple-family homes in the future. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The map is consistent with the following Comprehensive Plan policies: (i) Policy L-I - Limiting future urban development to currently developed lands within the urban service area; (2)Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities; (3) Policy L-12 - Preserve the character of residential neighborhoods by encouraging 2 new or remodeled structures to be compatible with the neighborhood and adjacent structures; (4) Policy L-17: Treat residential streets as both public ways and neighborhood amenities. Provide continuous sidewalks, healthy street trees, benches and other amenities that favor pedestrians. The lots to be created would support the development of single-family residential structures, which is consistent with the neighborhood development pattern. The subdivision would incorporate many the healthy public and private trees, and provide continuous sidewalks along Wilkfe Way. The single-family structures would act as a buffer between the existing residential neighborhood and the future redevelopment of the Elk’s Lodge site. 3. That the site is not physically suitable for the type of development : The site can accommodate the proposed subdivision of single-family lots. The !ots conform to the width, depth, and area requirements of the R-I and RM-15 districts. The design Of the single-family units would be reviewed via the Architectural Review process. 4. That the site is not physically suitable for the proposed density of development: The subdivision would be consistent with the site development regulations of the R-I and RM-15 districts and would not affect the location of the existing property lines at he perimeter of the site. The location of the property lines between the single-family !ots and the larger remainder lot were designed to accommodate and protect significant groves of regulated trees. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habi ta t : The subdivision would not cause environmental damage or injure fish, wildlife, or their habitat, as the site is currently developed with accessory uses and facilities of the permitted fraternal organization on the site. The subdivision would be developed to promote the protection of the existing trees on the site. The residences that would be developed on the site would not cause substantial environmental damage to an existing waterway or wildlife habitat area, in that the subdivision is located approximately 250 feet from Adobe Creek. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The subdivision of the existing parcel will not cause serious public health problems, as it does not substantially affect the existing conditions and overall function of the property as a site for single-family housing. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The subdivision of the existing parcel will not conflict with easements of any type, in that the subdivision is compatible with th@ emergency vehicle access easement along the ~orthern property line and any utility easements that would be required to serve the subdivision and the larger reminder lot. SECTION 4.Approval of Tentative Map. Tentative Map approval is granted by the City Council under Palo Alto Municipa! Code (~PAMC") Sections 21.13 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record. SECTION 5.Final Map Approval. The Final Map submitted for review and approval by the City Council of the City of Palo Alto shall be in substantial conformance with the Tentative Map prepared by Sandis Civil Engineers titled "Tentative Map", consisting of one page, dated and received January 25, 2007 except as modified to incorporate the conditions of approval in Section 6. A copy of this Tentative Map is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]) . 4 SECTION 6.Conditions of Approval. Department of Planning and Community Envirornnent Planning Division I. A Fina! Map, in conformance with the approved Preliminary Parcel Map, al! requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public works Engineering Division within two years of the Tentative Map approva! date (PAMC 2!.!3.020[c]) . 2. The applicant shall continue and construct a public sidewalk adjacent to the subdivision a!ong Wilkie Way to the southeast. The new sidewalk shall meet all Public Works standard construction specifications. Public Works Department 3. Since this project will create I0,000 square feet or more of impervious surface, it will be subject to updated storm water regulations (C.3) . The regulations require inclusion of storm water treatment controls sized in accordance with numeric standards, source control measures that prevent pollutants from contacting storm water runoff, and site design measures that reduce storm runoff and isolate contaminated runoff in order to minimize the need for storm water treatment. In addition, the regulations require a signed agreement with the City for the long-term maintenance of installed storm water treatment measures, subject to verification by the City. The applicant shal! meet with Public Works Engineering staff to discuss the implications of the regulations on the project along with other grading and drainage issues. 4. The applicant will be required to construct public improvements as part of this development. The nature and scope of the required public improvements will be determined through a meeting with City departments prior to improvement plan submittal. Resurfacing the width of the project frontage streets and new curb, gutter, and sidewalk are typical standard requirements. 5. Subdivision Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite. 6. No grading or building permits shall be issued until the Final Map is recorded with the County of Santa Clara, Office of the County Clerk-Recorder. 5 7. The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Fire, and Transportation Dep&rtments after approval of this map and prior to submitting the improvement plans. These improvement plans must be completed and approved by the City prior to submittal of a final map. 8. All construction within the City right-of-way, easements or other property under City’s jurisdiction shall conform to standard specifications of the Public Works and Utility Department. Sec. 12.08.060 9. The subdivider shall post a bond prior to the recording of the final subdivision map to guarantee the completion of the "on" and "off" site condition(s) of approval. The amount of the bond shal! be determined by the Planning, Utilities and Public Works Departments. Department of Utilities- Water, Gas, Wastewater !0. Each parcel shall have its own water service, gas service and sewer lateral connection. Neither public nor private water, gas, and sewer lines can not cross the new property lines to provide service across one lot for the other. !i. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 12. The applicant must show on the site p!an the existence of any water well, or auxiliary water supply. 13. The applicant shall be responsible for installing and upgrading the existing utility services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility services. 14. Sewer drainage piping serving fixtures located below the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 15. The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Alto Utilities. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 16. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. 17. The applicant’s engineer shall submit flow calculations and system capacity study showing that the off-site sanitary sewer mains will provide the wastewater capacity needed to service the development and adjacent properties during anticipated peak flow. The applicant may be required to perform, at his/her expense, a flow monitoring study of the existing sewer mains to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream over!oading of existing sewer main will be permitted. SECTION 7.Term of Approval. Tentative Map. All conditions of approval of the Tentative Map shal! be fulfilled prior to approval of a Fina! Map (PAMC Section 21.i6.0!0[c]) . Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, or such extension as may be granted, the Tentative Map shall expire and all proceedings shall terminate. Thereafter, no Fina! Map shall be filed without first processing a Tentative Map (PAMC Section 21.16.010[d]) . PASSED: 8-0 AYES: Cordell, Kishimoto, Morton, NOES: ABSENT: Kleinberg ABSTENTIONS: ATTES[ Klein, Mossar, Barton, Beecham, Drekmeier, City ~lerk APPROVED AS TO FORM: APP VED ’ ~ire~ori~ ’ g and Community Environment y PLANS AND REFERENCED : Those plans prepared by Sandis Civil Engineers, Inc titled ~Tentative Map’!, consisting of one page, dated and received January 25, 2007 This document is recorded for the benefit of-the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code After Recordation, mail to: OFFICE OF THE CITY ATTORNEY 250 Hamilton Avenue Palo Alto, CA 94301 AGREEMENT BETWEEN SUBDIVIDER AND CITY OF PALO ALTO UNDER PROVISIONS OF TITLE 21 OF THE PALO ALTO MUNICIPAL CODE 4249 E1 Camino Real, Palo Alto, California A.P.N. No. day of ~{~, 2007, by and between the CITY OF PALO ALTO, a municipal~corporation of the State of California, hereinafter referred to as "City", and A/CF PALO ALTO I LLC, hereinafter referred to as "Subdivider"; WI TNE S SETH: WHEREAS, Subdivider is the owner of that certain tract of land situated in the City of Palo Alto, County of Santa Clara, State of California, generally known and described as 4249 E1 Camino Real, Palo Alto, California (the "Property"); and WHEREAS, Subdivider has presented to City for approval a final subdivision map prepared by SANDIS CIVIL ENGINEERS, INC., hereinafter referred to as the "Map" and incorporated herein by this reference; and WHEREAS, on May 7, 2007, City approved Subdivider’s application for a tentative subdivision to subdivide two (2) existing parcels into two (2) single family lots and one remainder lot ("the Project"), subject to certain conditions including those hereinafter described; and WHEREAS, such conditions include the demolition and construction .of certain private and public improvements; and 070716 syn 0120247 WHEREAS, Subdivider has requested approval of the Map prior to the demolition, construction; and WHEREAS, -City desires to assure that said proposed improvements will be done in a good and workmanlike manner and in accordance with the laws now in force and effect in the City of Palo Alto, California, particularly, but not exclusively, Titles 16, 18, and 21 of the Pa!o Alto Municipal Code; NOW, THEREFORE, for and in consideration of the approval of the Map and the acceptance of the dedications offered therein, and in order to insure satisfactory performance by Subdivider of Subdivider’s obligations under the Subdivision Map Act and the Palo Alto Municipal Code, the parties hereto mutually covenant and agree as follows: i. Performance of Work. Subdivider shall, at its own cost and expense, do and perform, or cause to be done or performed, in a good and workmanlike manner, all of the work and improvements, within and/or without the subdivision, which are shown on the Map, or on plans, profiles and specifications which have been-submitted te the City Engineer or may hereafter be so submitted, as finally approved, or which- improvements are required as conditions of approval of the subdivision by the City, or are required to be done by any provision of law as a condition of said subdivision. Said public and private improvements include, but are not limited to: Removal and replacement of curb, gutter, sidewalk, installation of new driveways and utilities, and street surface improvements. 2. Standards. Work to be performed hereunder shall be done to the satisfaction of the City Engineer. All improvements have been shown in detail upon the plans, profiles and specifications which have been prepared by engineers acting for Subdivider. No work on the improvements shall be commenced until said plans, profiles and specifications have beensubmitted to and approved by the City Engineer, and al! improvements shall be constructed in accordance with said plans, profiles and specifications. Subdivider shall do, or cause to be done, all work and furnish all materials necessary, in the City Engineer’s opinion and on his or her order, to complete the improvements in accordance with said plans, profiles and specifications, or with any changes required or ordered by the City Engineer, which in his or her opinion are necessary or required to complete the work. The cost of checking the plans, profiles and specifications, and of al! inspections of the work, have been or shall be paid by Subdivider. Improvements and methods of installation shall, at a minimum, meet the standards set forth in the "Standard Specifications of the City of Palo Alto," dated December 1992, ("Standard Specifications") as from time to time amended, which document is incorporated herein by 070716 syn 0120247 this reference, and provisions of the Palo Alto Municipal Code relating to construction. 3. Soils and Geologic Tests. Subdivider shall cause to be made, at Subdivider’s cost and expense, soils and geologic tests by a qualified civil engineer and shall file, or cause to be filed with the City a report or reports satisfactory to the City Engineer indicating gradation, bearing and resistance value of soils within the subdivision and setting forth recommendations for or constraints on the nature of required improvements and for development of the Property. All clearing and earthwork shall be accomplished in accordance with the plans and required recommendations of the soils report under the supervision of the Soils Engineer. Subdivider shall also cause to be made, at Subdivider’s cost and expense, all compaction tests necessary to determine that the utility trenches have been satisfactorily compacted. Subdivider shall provide a soils engineer’s certified letter of compliance, verifying that the earthwork has been completed in accordance with the plans and recommendations of the soils report. 4. Time of Completion. All improvements- and site grading under this agreement shall be completed prior to the issuance of any occupancy permit for occupancy of the Project. The time for completion may be extended only for good cause upon approval by the City Manager and pursuant to the provisions of the Palo Alto Municipal Code. agreement. Time of Essence.Time is of the essence of this 6. Payment of Costs. Without limitation, Subdivider shall pay, or cause to be paid, all costs and expenses related to or arising from the performance of any work hereunder, including, but not limited to, payment for any materials, provisions, and other supplies used in, upon, for or about said work, and for work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. 7.Acceptance of Work. The City Engineer shall have the right to reject any and a!l work to be performed under this agreement if such work does not conform, in his sole judgment, with the plans, profiles and specifications mentioned herein and with the ordinances andstandards of City. 8. Warranty of Plans. Notwithstanding the fact that Subdivider’s plans, profiles and specifications, completion of work, and other acts to be performed hereunder are subject to approval by City, it is understood and agreed that any approval by City shall in 070716 syn 0120247 no way relieve Subdivider of satisfactorily performing said work or its obligations hereunder. Subdivider warrants that the plans, profiles and specifications submitted shal! conform at a minimum to the Standard Specifications and the Palo Alto Municipa! Code, and that they are adequate to accomplish the work in a good and workmanlike manner, and in accordance with sound construction practices. 9. Repairs and Replacement. Subdivider shall replace, or have replaced, or repair, or have repaired, all improvements and monuments shown on the Map which have been destroyed or-damaged prior to final acceptance of the completed work by the City Engineer, and Subdfvider shall repair, or have repaired, replace, or have replaced, 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, prior to final acceptance of the ~completed work by the City Engineer, whether such property be owned by the United States or any agency or politica! subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Subdivider shall repair, or cause to be repaired, any damage to the improvements constructed pursuant to this agreement which may occur after installation to the satisfaction of the City Engineer and prior to release of the certificate of deposit posted by Subdivider and/or final acceptance of the completed work. i0. Warranty. Without limiting the foregoing, Subdivider expressly warrants and guarantees all work performed hereunder and all materials used therein for a period of one (i) year after completion and final acceptance thereof by the City Engineer. If within said one (i) year period any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement, or the specifications referred to herein as a result of the inadequate workmanship or materials, Subdivider shall, without delay and without any cost to City, repair and 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 situation require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs and replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs and replacement. 070716 syn 0120247 ii. Breach of Agreement; Performance by City. If Subdivider shall refuse or fail to satisfactorily complete any of the work and improvements provided for herein within the time specified above, or-any extension or extensions thereof, or if delay in the construction0 of any portion of the improvements shall, in the opinion of the City Engineer, endanger property outside the boundaries of said tract, or if Subdivider should be adjudged a bankrupt, or shall make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’~s insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents or employees, should violate any of the provisions of this .agreement, the City Engineer or City Council or its designated representative may serve written notice upon Subdivider for breach of this agreement, or any portion hereof. In the event of any such notice, City may, without relieving Subdivider of any of its obligations hereunder, take over any or all of 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 the full cost and expense of said work done by City shal! be recovered by City from Subdivider. 12. Estimate of Improvement Costs; Security. The estimated cost for the improvements to be constructed under this agreement is One Hundred Eighty-Five Thousand Dollars ($185,000). Said estimate includes applicable amounts for the expense of checking plans and for inspection Of work hereunder. A fu!l and detailed accounting of said estimate is set forth in Exhibit "A", which is attached hereto and incorporated herein by this reference. Contemporaneous with the execution of this agreement, Subdivider shall file with City surety, bonds or a standby letter of credit for the benefit of the City pursuant to Palo Alto Municipal Code Section 2.16.230 to guarantee faithful performance of all of the provisions of this agreement and compliance with all of the provisions of the Palo Alto Municipal Code, including Title 16, 18, and 21, and to secure payment to the contractor, his or her subcontractor and to persons renting equipment or furnishing labor or materials to them for the improvements required under this agreement. The amount of any performance bonds shall be one hundred percent (100%) of the estimated cost of improvements and the amount of any labor and materials bond shall be fifty percent (50%) of the estimated cost of improvements. If the Subdivider chooses instead to provide a letter of credit, the letter of credit shall be in an amount equal to one hundred and fifty-five (155%) percent of the estimated improvement cost, with the entire amount being available to secure either performance of this agreement or the payment to persons furnishing labor, materials, or equipment. The surety bonds 070716 syn 0120247 5 or letter of credit shall be in a form acceptable to the City Attorney. Among the obligations guaranteed by the security are the costs and reasonable expenses, including attorney’s fees, of the City in enforcing the obligations secured. 13. Permits; Compliance with Law. Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the work and improvements hereunder, give all necessary notices and pay all fees and taxes required by law. In the performance of this agreement, Subdivider shall comply with all laws, ordinances, regulations and rules of al! governmenta! agencies having jurisdiction therefor, including but not limited to, the provisions of the Labor Code of the State of California. 14. 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. 15. Subdivider Not Agent of City. Neither Subdivider nor Subdivider’s contractors, subcontractors, agents, officers, or employees are agents or employees of City, and Subdivider’s relationship to City, if any, arising herefrom is strictly that of an independent contractor. 16. Liability. Neither City nor any of its officers, agents, or employees shall.be liable to Subdivider, its contractors, subcontractors, officers, agents, or employees, for any error or omission, or any obligation whatsoever, arising out of or in connection with any work to be performed under this agreement. City, its officers, agents, and employees shall not be liable to the Subdivider or to any person, firm or corporation whatsoever, for any error or omission, or any obligation or ~iability whatsoever, arising out of or in connection with any work to be performed under this agreement. City, its officers, agents, and employees shal! not be liable to Subdivider or to any person, firm, or corporation whatsoever for any injury or damage that may result to any person or property or any obligation whatsoever from any cause arising in, on, or about the land of Subdivider or from performance or failure to perform any provision of this agreement. Subdivider hereby releases and waives any claim it may possess or come to possess against City, its officers, agents, and employees. 17. Hold Harmless. Subdivider hereby agrees to and shall protect, indemnify and hold City, its officers, agents, and employees harmless from any and all liabilities, obligations, damages, costs, injuries, or claims thereof, including but not limited to, claims for damage or personal injury, including death, and claims for property damage, arising in any manner from the performance or failure to perform the provisions of this agreement. Subdivider agrees to, and shall, defend City, its officers, agents, and employees, from any suits or actions at law or in equity for 070716 syn 0120247 6 damages, liabilities, or obligations caused by or arising from, or alleged to be caused by or arising from, the performance of this agreement. 18. Use of Improvements. Subdivider agrees that the use of any and all of the public improvements hereinabove specified for any purpose and by any person shall be at the sole and exclusive risk of Subdivider atall times prior to final acceptance by City. This shall in no way eliminate, discharge or lessen any of Subdivider’s obligations and undertakings contained in this agreement. The issuance of any occupancy permits by City for dwellings located within the subdivision shall not be construed in any manner to constitute acceptance or approval of any or al! of the improvements to be constructed hereunder. 19. Insurance. Prior to the commencement of any work, Subdivider shall furnish to City, on City’s standard form certificate of insurance, satisfactory evidence of a policy of liability insurance which shall be maintained at all times during the performance of this agreement, in form and by a responsible company satisfactory to City, insuring City, its officers, agents, and employees against loss or liability arising out of the condition of the premises or any of the work to be performed under this agreement, including all costs of defending any claim arising as a result thereof. Both bodily injury and property damage insurance shall be on an occurrence basis, and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and that if any of City insureds have other insurance against the loss covered by said policy or policies, the other insurance shall be excess only. Said policy or policies shall provide for minimum limits in the amount of One Million Dollars ($I,000,000) for bodily injury or death, each person, and One Million Dollars ($i,000,000) for bodily injury or death, each occurrence, and One Million Dollars ($!,000,000) for property damage, each occurrence. Each policy shall contain an endorsement that said policy shall not be canceled or coverage reduced except upon thirty (30) days advance written notice thereof to City. Subdivider will be required to obtain a "Permit for Construction in a Public Street" ("Permit") prior to constructing any of the improvements set forth in paragraph 1 or Exhibit "A" hereof. City will consider a request by Subdivider that the insurance posted for the Permit also be used to satisfy the insurance obligation of this paragraph 19. 20. Title to Public Improvements. Title to and ownership of all public improvements constructed hereunder shall vest absolutely in City, upon completion and acceptance thereof by City. 21. Final Drawings. Upon completion of all improvements, subsequent to acceptance thereof by City, Subdivider shall supply 0707 ! 6 syn 0 ! 20247 7 City with "as-built drawings. The as-built drawings of the project shall consist of one (i) permanent (mylar--3 mi!) drawing, and one set of computer-aided drafting (CAD)drawings (the ~CAD Drawings"). The CAD Drawings shall be without representation or warranty as to any portion of the.plans which contain reference to improvements that are not designed or constructed by geographic information systems, and depict all water, gas, wastewater, storm drain, electric, telephone,communications, and cable television facilities therein.The CAD Drawings shall conform to the California Coordinate System, Zone 3 (CCS83). The CAD Drawings sha!l be certified as being ~as-buiits" and shall reflect the job as actually constructed, with all changes incorporated therein. The requirements of this paragraph 21 shall not apply to the private improvements to be performed hereunder, specified as Items 9-12 of Exhibit A hereof. However, Subdivider shall comply with all requirements of Titles 16 and 18 of the Palo Alto Municipal Code concerning all public and private improvements required to be performed hereunder. 22. Notice of CompletiOn. Subdivider shall file, or cause to be filed, a Notice of Completion of the improvements herein specified. 23. Final Inspection, Acceptance and Certification. All of the improvements must be completed prior to the final inspection. Notice in writing, requesting final inspection shall be submitted to the City Engineer at least five (5] days prior to the anticipated date. Upon the satisfactory completion of the improvements by Subdivider, the City Engineer shall certify that the work of said improvements has been satisfactorily completed. Such certification shall be made in writing in accordance with standard City procedures. 24. Grade Differential. The Project that is the subject of this agreement shall return to the City Council for further approval if there is a change in the grade differential of one (i) foot or greater in height from neighboring sites. 25. ARB Compliance. The Project shall be constructed in compliance with all conditions established by the ARB. 26. Assignment of Contract. Neither this agreement, nor any part hereof, shall be assignable by Subdivider without the written consent of City. Any attempted assignment without first obtaining such consent shall be void and of no effect. 27. Binding on Successors. The terms, covenants and conditions of this agreement shall run with the land and shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, contractors, and subcontractors of the parties. 070716 syn 01202#7 28. Costs and Attorneys’ Fees. The prevailing party in any action broughtto enforce the terms of this agreement or arising out of this agreement may recover from the other party its reasonable costs and attorneys’ fees expended in connection with such an action. 29. Notices. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To City: To Subdivider: Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 A/CF Palo Alto 1 LLC 9940 Research Drive, Suite 200 Irvine, CA 92618 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate the day and year first above written. PALO ALTO!.~. Assfstant City Manager APPROVED AS TO FO~: Director of Pubic Works DireCtor c~ Planning and Community Environment A/CF PALO ALTO I LLC Name : Title: ....~. _~.~ ....~-~o . ~-~ -. 070716 syn O120247 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF ) ) ) On \]Wd~{ ~[~ ~O[ , before me, k.!~!/t~{t~f I!t!0~{tL~u-I, a no~t~.ary public ~ in and for said County, personally appeared ~I~.i ~ifiD~, personally known to me ea.~t~hc ~a~i~s--e{-~-~s4~rgt-~_-~£dence) to be the person(~) whose name(~) is/a~e subscribed to the within instrument, and acknowledged to me that he/~y executed the same in his/he~-/-t-heJ:~ authorized capacity (Les) , and that by his/her-~-t-~e{<r signature (~) on the instrument the person(~), or the entity upon behalf of which the person(~) acted, executed the instrument. (~_ITNESS my/hand and official seal. 0707}6 syn 0120247 I0 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) notary public~~ in and ) ) before me, / ~- -,.,.. ~-- - a for said County, personal ly appeared ¯ , personally kno~ to me (or proved to me on the ~i~ of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha~d and official seal. q " " :~~""~’7. ~’ ./’..’,, - ,.:." "~" 070716 syn 0120247 11 EXHIBIT Wilkie Way Subdivision Estimated Offsite Construction Costs Demolition Curb and gutter Sawcut Concrete pad Paving and Concrete Concrete sidewalk 9in. Asphalt deep lift Driveway w/gutter and sidewalk Slurry seal Curb and Gutter 6in. Curb and gutter Gas ~ 2in. Sch. 40 galvanized pipe Sanitary Sewer 4in. SDR-26 8in. Vitrified clay pipe 4in. Sewer.cleanout SS manhole < 6ft. deep Connection to existing manhole Water 2in. Water line Street impaotion fee Subtotal Contingency Total $1,565 $2,562 $9,174 $12,453 $2,306 $35,OOO $3,515 $6,636 $9,700 $3,600 $29,625 $1,250 $5,0OO $2,5OO $9,520 $15,000 $149,406 $32,869 $182,275 BONDING AMOUNT =$1851000 EXHIBIT "A" ATTACHMENT C THIS ATTACHMENT WAS ERRONEOUSLY INCLUDED UNDER THE ATTACHMENTS LIST OF THE STAFF REPORT. THE BMR AGREEMENT IS NOT REQUIRED FOR THIS PROJECT.