647, Agreement for subdivision, Resolutions & Approval ConditionsUI IIIIIMIIU II III
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LEAD SHEET
RECORDING REQUESTED BY
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02-0715886
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNSA
9:01 AM MAR 26 2002
SPACE ABOVE THIS LINE FOR RECORDERS USE
TITLE(S)
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D.T.T.
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APR 2 9 2082
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CITY QF.ROLLWRO MLS
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Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown
THIS FORM IS NOT TO BE DUPLICATED
02-0715886
SUBDIVISION AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and
entered into by and between the City of Rolling Hills, a municipal corporation ("City" herein),
and the Subdivider whose name and address is set forth in the Subdivision Reference Data
attached herein as Schedule A.
RECITALS
A. Subdivider has presented to the City for approval a Parcel Map, identified above in the
Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of
the State of California and the City's ordinances and regulations relating to the filing, approval
and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws").
B. The Subdivision Laws establish, as a condition precedent to the approval of a Parcel
Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i)
complete, in compliance with City standards, all of the improvements and land development
work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii)
enter into a secured agreement with the City to complete the improvements and land
development work, within a period of time specified by the City.
C. In consideration of approval of the Parcel Map for the Subdivision by the City Council,
Subdivider desires to enter into this Agreement whereby Subdivider promises to install and
complete, at its sole expense, all public and private improvement work required by the City for
the proposed Subdivision. Subdivider has secured this Agreement by improvement security
required by the Subdivision Laws and approved by the City.
D. Improvement Plans, and related specifications for the construction, installation and
completion of the Improvements identified in Schedule A hereto, have been prepared by the
Subdivider and approved by the City. The Improvement Plans, and related specifications, are
incorporated herein by this reference.
NOW, THEREFORE, in consideration of the approval by the City Council of the Parcel
Map of the Subdivision, Subdivider and City agree as follows:
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A . Subdivider shall, at its sole expense, furnish, construct and install the
Improvements generally described in Schedule A attached hereto.
B. Subdivider shall, at its sole expense, replace or repair all public improvements,
public utility facilities, and surveying or subdivision monuments which are destroyed or
damaged as a result of any work under this Agreement. Any such replacement or repair shall be
subject to the approval of the City Engineer.
SUBDIVISION AGREEMENT PAGE NO. 1
02 0715886
C . Until the Rolling Hills Community Association (RHCA) accepts the
Improvements, Subdivider shall be responsible for the care and maintenance of such
Improvements and shall bear all risks of loss or damage to the Improvements. Neither City,
RHCA nor their respective officers, agents and employees, shall have any liability for any
accident, loss or damage to the Improvements prior to their completion and acceptance.
D. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for
the construction and installation of the Improvements, give all necessary notices, and pay all fees
required by City ordinance or resolution and all taxes required by law.
2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A . Subdivider shall at all times maintain proper facilities and safe access for
inspection of the Improvements by the Los Angeles County Fire Department, City and RHCA
personnel.
B . Upon completion of the Improvements, the Subdivider may request a final
inspection by the Fire Department. If the Fire Department and RHCA determine that all of the
Improvements have been completed in accordance with this Agreement and in compliance with
the Improvement Plans and all applicable standards, then the Fire Department shall certify to the
City the completion of such Improvements.
C . Acceptance of the Improvements by the RHCA shall be made upon
recommendation and certification of the Los Angeles County Fire Department following
inspection of the Improvements pursuant to subparagraph B above.
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one (1) year following acceptance by the RHCA of the
Improvements specified in Schedule A, any Improvements or part of any Improvements
furnished, installed or constructed by the Subdivider, or any of the work performed under this
Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws,
or the Improvement Plans and related specifications, the Subdivider shall, without delay and
without cost to the City and RHCA repair, replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall
include the repair, replacement or reconstruction of all roadway surface and curbs constructed
pursuant to this agreement for such one-year period.
B. Should the Subdivider fail or refuse to act promptly or in accordance with
subparagraph A above, or should the exigencies of the situation require repair, replacement, or
reconstruction to be undertaken before the Subdivider can complete said work, then the City
may, in its discretion, make the necessary repairs or replacements or perform the necessary
reconstruction. If the Subdivider's improvement security does not cover the total cost of such
repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess
costs incurred.
SUBDIVISION AGREEMENT PAGE NO. 2
42 0715886
4. TIME OF PERFORMANCE
A. Subdivider shall complete the Improvements prior to securing any building
permits for construction on Lot 2 created by Parcel Map No. 21486 and no later than September
30, 2002.
B. Upon a showing by the Subdivider of good cause therefor, the duration of the
Completion Period, may be extended by the City Manager. As used herein, "good cause" may
include, without limitation, delay resulting from an act of the City; acts of God or force majeure,
and strikes, boycotts or similar job actions by employees or labor organizations which prevent
the conduct of the work.
5. IMPROVEMENT SECURITY
A. Prior to City's execution of this Agreement, Subdivider shall provide as security
to the City an instrument in the amount of seven thousand five dollars ($7,500.00), which
represents one hundred percent (100%) of the Estimated Total Cost of the Improvements as set
forth in Schedule A. With this security, the form of which shall be subject to City's prior
approval, the Subdivider assures faithful performance under this Agreement and guarantees the
Improvements for one year after the completion and acceptance of the Improvements against any
defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3
hereof.
B. If the improvement security is a corporate surety bond and in the opinion of the
City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace
any such surety bond with good and sufficient surety within thirty (30) days after receiving form
City written demand therefor.
C. Improvement security consisting of surety bond shall be kept on file with the City.
If a surety bond is replaced by another approved bond, the replacement shall be filed with the
City, and, upon filing shall be deemed to have been made a part of and incorporated into this
Agreement. Upon filing and approval by the City of a replacement bond, the former
improvement security shall be released.
D . Modifications of the Improvement Plans and related specifications, and
modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated
Total Cost of the Improvements, shall not relieve or release any improvement security furnished
by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%)
of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional
improvement security for performance and guarantee, and for payment as required by
subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of
the Improvements.
6. INDEMNIFICATION OF CITY BY SUBDIVIDER
SUBDIVISION AGREEMENT PAGE NO. 3
02 0715886
A. Neither the City, County of Los Angeles or RHCA nor their respective officers,
agents and employees, ("indemnities") shall be liable or responsible for any accident, injury, loss
or damage to either property or person attributable to or arising out of the construction or
installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the
indemnities from and against any and all losses, claims, costs, expenses, liabilities, damages,
actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or
attributable to Subdivider's performance under this Agreement.
B. Subdivider's obligations under this Section 6 are not conditioned or dependent
upon whether the indemnities prepared, supplied or reviewed any Improvement Plans or related
specifications in connection with the Subdivision or the Improvements, or has insurance or other
indemnification covering any of these matters.
C. Subdivider's obligation to indemnify, hold harmless and defend the indemnities
shall extend to injuries to persons and damages to or alleged taking of property resulting from the
design or construction of the Subdivision, and the Improvements required herein, and shall
likewise extend to adjacent property owners asserting claims based upon the diversion of waters
caused by the Subdivider's design or construction of public drainage systems, streets, and other
public facilities or improvements. The RHCA's acceptance of the Improvements shall not
constitute an assumption by the indemnities of any responsibility or liability for any damage or
alleged taking of property referenced herein. The indemnities shall not be responsible or liable
for the design or construction of the Subdivision or the improvements constructed or installed
pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission
by the indemnities in approving the Improvement Plans or the Final Map, unless the particular
Improvement design was required by the indemnities over the written objection of the
Subdivider, which objection stated that the Improvement design was potentially dangerous or
defective and set forth an alternative design. After RHCA's acceptance of the Improvements, the
Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by
defects in design or construction; provided, however, that Subdivider shall not be responsible for
routine maintenance. Subdivider's obligations hereunder shall remain in effect for one (1) year
following acceptance of the Improvements. Subdivider acknowledges and agrees that Subdivider
shall be responsible and liable for the design and construction of the Improvements and other
work done pursuant to this Agreement, and the indemnities shall not be liable for any acts or
omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or
relate specifications, or in inspecting, reviewing or approving any work or construction of
Improvements. If, in any judicial proceeding involving rights or obligations of indemnity
hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et
seq.) asserted by the indemnities, is determined by a court of competent jurisdiction to be
inapplicable or unavailable to immunize indemnities from potential liability for any alleged acts
or omissions under this Section 6.C, then such rights or obligations of indemnity hereunder shall
be governed by principles of comparative fault.
7. INSURANCE
A. Prior to commencement of work on the Improvements, the Subdivider or his
Contractor shall obtain, and shall maintain throughout the period of construction, at its sole
SUBDIVISION AGREEMENT PAGE NO. 4
02 0715886
expense, policies of general liability insurance covering any and all damages or claims for
damages for injuries to persons (including death) or property in an amount not less than
$1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount
not less than $1,000,000.00 for property damage.
8. OWNERSHIP OF THE IMPROVEMENTS
Ownership of all or any category of the Improvements constructed and installed by the
Subdivider pursuant to this Agreement shall vest in the Rolling Hills Community Association
created as a condition of the Subdivision, or other specified governmental agency(s), as
appropriate, upon acceptance of the Improvements and recordation of a Notice of Completion.
C. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF
THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be
deemed to be in default under this Agreement:
i) Subject to any time extensions granted in accordance with Section 4,
failure to complete the Improvements within the time performance specified in this agreement;
ii) Failure to correct or cure any defect in the Improvements during the one
year guarantee and warranty period as required by Section 3.A;
iii) Subject to any time extensions granted in accordance with Section 4,
failure to perform substantial construction work, after commencement of work on the
Improvements, for a period of thirty (30) days after written notice thereof from the City;
iv) Insolvency appointment of a receiver, or the filing of any petition in
bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a
period of thirty (30) days;
v) Commencement of a foreclosure action against the Subdivision or any
portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or
vi) Failure to maintain the improvement security required by Section 5 in
effect during all times required by this Agreement, including failure to renew the improvement
security no later than fifteen (15) days prior to any expiration date; or
vii) Failure to perform any other obligations in accordance with the terms and
provisions of this Agreement within thirty (30) days after written notice thereof from the City.
B. City reserves to itself all remedies available to it at law or in equity for any breach
of Subdivider's obligations under this Agreement. City shall have the right, without limitation of
other rights or remedies, to draw upon or utilize any improvement security furnished hereunder
to mitigate City's damages in the event of Subdivider's default.
SUBDIVISION AGREEMENT PAGE NO. 5
02 0715886
C. The City may serve written notice of any default upon the surety on any corporate
surety bond furnished as improvement security hereunder, and request that the surety take over
and complete the Improvements herein specified. If such surety, within thirty (30) days after
service of such notice of default, does not give the City written notice of its intention to perform
this Agreement, or does not commence such performance within thirty (30) days after notice to
the City of such intention to perform, the City may take over the work and prosecute the same to
completion, by contract or by any other method the City deems advisable, for the account and at
the expense of the Subdivider and its surety.
D . Subdivider acknowledges that the Estimated Total Costs and improvement
security amounts set forth herein may not reflect the actual cost of construction or installation of
the Improvements, and, consequently, city's damages for Subdivider's default shall be measured
by the cost of completing the required Improvements. If the damages incurred by the City in
taking over and completing the Improvements exceeds the principal amount of the improvement
security, then Subdivider shall reimburse the City in the amount of such excess.
E. City may, without liability for so doing take possession of, and utilize in
completing the Improvements, such materials, appliances, plant and other property belonging to
Subdivider as may be on the site of the work and necessary for the Performance of the work.
Subdivider hereby consents to entry by the City and its forces, including contractors, upon any
real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in
the event the City elects to maintain or complete the work on the Improvements following
Subdivider's default.
F. The City's failure to take an enforcement action with respect to a default, or to
declare a default or breach, shall not be construed as a waiver of that default or breach or any
subsequent default or breach of the Subdivider.
G. If City sues to compel Subdivider's performance of this Agreement, or to recover
damages or costs incurred in completing or maintaining the work on the Improvements,
Subdivider agrees to pay all reasonable attorneys' fees and other costs and expenses of litigation
incurred by the City in connection therewith, even if Subdivider subsequently resumes and
completes the work.
10. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or
shall be deemed to be, agents of the City or RHCA in connection with the performance of
Subdivider's obligations under this Agreement.
11. ASSIGNMENT
A. Subdivider shall not assign this Agreement without the prior written consent of
the City. Any attempted or purported assignment in violation of this subparagraph A shall be
null and void and shall have no force or effect.
SUBDIVISION AGREEMENT PAGE NO. 6
02 0715886
B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its
obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any
other person or entity, the Subdivider may request a novation of this Agreement and a
substitution of improvement security. Upon the City's approval of the novation and substitution
of improvement security, the Subdivider may request a release.or reduction of the improvement
security furnished pursuant to this Agreement.
12. NOTICES
All notices required or provided for in this Agreement shall be in writing, delivered in
person or by mail, postage prepaid, and addressed as follows:
If to the City:
If to the Subdivider:
City of Rolling Hills, City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
Dr. and Mrs. Ramon Cukingnan
16 Pine Tree Lane
Rolling Hills, CA 90274
Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of
deposit in the United States Mail.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject
matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in
writing and signed by the duly authorized representatives of the parties. In the case of the City,
the duly authorized representative, unless otherwise specified herein, shall be the City Manager.
14. SEVERABILITY
The provisions of this Agreement are severable. If a court of competent jurisdiction
holds any portion of this Agreement invalid, the remainder of the Agreement shall remain in full
force and effect.
15. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS
The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this
Agreement.
16. GOVERNING LAW
Laws of the State of California shall govern this Agreement.
SUBDIVISION AGREEMENT PAGE NO. 7
02 0715886
17. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly
authorized officer or employee of the City, it being the intention of the parties that the
Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall
insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement
and shall transmit a fully executed counterpart to the Subdivider.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective officers, thereunto duly authorized, as of the dates set forth below their
respective signatures.
"SUBDIVIDER" -
Authorized Represe�t ft've
l?A mc,J /-I c. k. t N P,(»An.)
.( /-1
Authorized Representative
T? C Q r/A- D [L r ice= /7 . C' '/ / i0 e-r 44
"CITY" - THE CITY OF ROLLING HILLS, A MUNICIPAL CORPORATION
By: Sh AA Approved as to form:
Crig. R. Nealis, City Manager
Date: 512 do Z . By
orney
Attest By: -I • k t_s, Date: '' > I D-z'
Deputy ity Clerk
Date: 3 /2.S- / D 2—
/
SUBDIVISION AGREEMENT PAGE NO. 8
SCHEDULE A
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
FINAL PARCEL MAP NO. 21486
SUBDIVIDER: Dr. and Mrs. Ramon Cukingnan
NIDad f1: 13L RrJq 7c i Tr
SUBDIVIDER ADDRESS: 16 Pine Tree Lane
Rolling Hills, CA 90274
02 0715886
catc n)<-,t.,r-14
CITY COUNCIL RESOLUTION OF APPROVAL No.
SPECIFICATION: PER DEVELOPMENT PLAN DATED AUGUST 25, 1999.
DESCRIPTION OF WORK:
• Remove and dispose of approximately 140LF of existing curb and asphalt from the existing
underlying asphalt and pavement.
• Provide 18 feet of drivable roadway surface for approximately 140 lineal feet as shown on
Development Plan dated August 25, 1999, on file with the City of Rolling Hills Planning
Department.
• Install approximately 400 Sq. Ft. of asphalt in the cul-de-sac.
• Install approximately 80 LF. of asphalt in the cul-de-sac.
ESTIMATED TOTAL COSTS: $7,500.00
EFFECTIVE DATE OF AGREEMENT: March 25. 2002
COMPLETION PERIOD: September 30, 2002.
SUBDIVISION AGREEMENT PAGE NO. 9
State of California
County of �d% �Nc,Cccs
on 3 2;-va
personally appeared
(40r\)A10
02 0715886
before me,T)o06,4fI6 g /''I9/-/A?, 1
�i1r'i0rJ An) ��' 130/.4n� %ie 1"1
personally known to me -orY_-_
to be the person(s) whose name(s) .is -/are subscribed to the within
instrument and acknowledged to me that -heIshe/they executed the same in
hisLher/their authorized capacity(ies), and that by hds4rher/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 hand and official seal.
Signature .(/61...c..e,4i/ /
DOUGLAS K. MC HATIIE
Commission # 1295324
Notary Public - California
Los Angeles County
MyComm. E�ares Feb25.21n5