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HomeMy WebLinkAboutReso 5367-1970 RESOLU?ION NO. 5367 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RE8OLUTION APPROV-NG CONTRACT PROVISIONS REGARDING COMMON GREENS IN WEST PARK 3A-E. BE IT RESOLVED by the City Council of the City of South San Francisco that the provisions regarding common green development set forth in Exhibit "A" attached hereto are approved for inclusion in agreements between City and developers in West Park 3A-E. I hereby certify that the foregoing Resolution was regularly introduced and a~opted by the City Council of the City of South San Francisc~ at a regular meeting held on the 3rd day of Auqust , 1970 , by the following vote: AYES, COUNCILMEN Patrick E. Ahem, Frank J. Bertucelli, William A. Borba and Warren Steinkamp NOES, " None ABSENT, " F. Frank ~amint EXHIBIT "A" Common Greens and A.~purtenant Works for . - Agreement Dated · 1. CONVEYANCE: SUPPLEMENT 1 Subdivider, concurrently wit~ the recording of the final Subdivision Map, but in no event later than , for the us~'. and enjoyment of homeowners and residents · .in said subdivision df the Wast Park Planned Community Dis- trict Unit 3, shall con%ey by grant deed, free and clear of liens, taxes and encumbrances, except those accepted by Ci~y~ The parcels designaT..ed on said map as common greens, which parcels are more particularly hereinafter described, and deliver to City a standard policy of ~i~le insm~ancm &l · evidence of said status of ~i~le. PARCEL DESCRIPTIONS: ~ Approved~ John E. Hoffman Landscape Specialist (Ex]- ibit PLANS AND SPECIFICATIONS: Subdivider has submitted preliminary plans for the land- scape development of said common greens which plans ars entitled . Subdivider, on or before , which time may be extended by City in increments of not more than fifteen (15) days and for a total period of forty-five (#5) days, shall have prepared complete and final detailed plans , and specifications and ~onszruction drawings implementing said preliminary plans and requimed amendments, and shall submit same to City in accordance with City Council Resolution #583 ,. passed the Sth day of December, 1966. Upon the approval of the plans, specifications and construction drawings, same shaLL constitute the landscape development plans for said common greens. Subdivider shall assure the performance of the pro- visions of this paragraph bl' filing with City coneurrently ~ with the approval of the final map, a corporate surety bond · in the principal sum of Dollars ($ ), or equivalen~ security approved by the City Council, and should Subdivider fail, neglect or otherwise refuse to have the final detailed plans, specifica- tions and construction drawings so prepared and filed, then CiTy may cause same to be dDne at Subdividerts oos~ and oha~ging Subdivi~e~'~ su~e~g ~he~efo~. ' . (Exhibi~.) CONSTRUCTION AND INSTALLATION OF LANDSCAPE IMPROVEMENTS AND APPURTENAnt WORKS: Subdivider shall construct and install the landscape fmprove-' ments and appurtenant works in accordance with the plans and · specifications and constru=tion drawings described in Para- · graph 2, commencing same o~ or before , , and diligently pursuing sane to completion on or before · Subdivider, concurrently with the approval of the final map shall secure ~he construction and installation of the land- scape improvements and appurtenant works and the payment of laborers, materialsmen an~ suppliers, and the repair and replace- ment of defective woFk an~ planting during.the sixty-day main- tenance period after acceptance 6f said improvements by City . by either · A. Filing wi~h City a corporate surety performance bond and. labor and materialsmer bond in the principal sum of Dollars ($ ~' · · which when approved ar.d accepted by City shall constitute the performance security. Should subdivider refuse, negleo~ · or otherwise fail to commence said work and~, improvements , · or phases thereof as hereinafter set forth, then City may require said performance by, the sureties, and should said sureties refuse, neglect or o~herwise fail to commence con- struction of said improvements and wot. ks within ten (10) days after notice to so commence'~ssued by City, or refuse, neglec% or otherwise fail to diligen~ly pur~ue Bame ~o (Zxhibit '. ~) . completion, then city ~ay construct and install said common green improvements and appurtenant works or phases thereof or cause same to be constructed and installed~ . charging sureties of St~divider therefor to the extent of the principal amount of the bond and Subdivider for any cost in excess thereof. Should City not accept · approve said corporate surety bond, then Subdivider shall provide the fund for security as set forth in "B". Subdivider shall establish a fund of , Dollars ( $ , ), subject to increase or decrease in accg~dance with the cost of' per- forming the work and maintenance as hereinafter set for%h, · which fund shall be subject to disbursement on ~oint au%hori- ., zations of City and Subdivider, .~o pay for said work, to pay Those furnishing l~bor, material and supplies ~herefo~, and to pay fOr repair and replacement of defective work and · planting determined to be necessary du~ing the sixty-day maintenance period after acceptance of said improvements appurtenant works by C'_ty. Upon the expiration of the sixty-day maintenance period following acceptance of the · , improvements by. City and the r~pair and ~epia'cement of .the . . , defective work and planting, the unexpended balance of the fund shall be released to Subdivider or the parties entitled thereto. The time for the performance of the work set forth in this paraSraph or Paragraph 2 'may bi extended in addition ~o ~he..o~her provisions therefor, should performa, n?e be (Zxhibi~ .), interfered with by Acts of God or strikes~ embargoes oT like cause~. #. CERTIFICATES OF OCCUPANCY: freight A. Alternate Procedure (1). Subdividers shall not occupy or permit occupancy of the residential uni.~s until the adjacent common green is completed and accepted by City and no certificate of occupancy shall issue until same is completed and · accepted by City, except as provided in Alternate Procedure (2). B. Alternate Procedure (2) The City Planner and Landscape Specialist may approve · issuance of occupancy permit,s prior to completion of common greens as set forth in Alternate (1) if subdivider has: · 1) Completed the plans, specifications and construction drawings constituting tk.e landscape development plans as set forth in Pa. raEraph 2 above and obtained approval of The same. 2) Filed the performance bond 'as required in.Paragraph above. B) Filed a schedule fo? completion of the common greens improvement and phases ~hereof substantially complying with .. · the schedule set forth below. ' ~) Constructed .and insnalled the phases of improvement in accordance with ~he schedule. (Exhibit) -- ~ -- ., r'r~mmon F,t'r,~nr;~ r'xr:r~l(t: for ~ct~ o[ (;od~ atr~k~8, and ~v,,~lt'n l~yond er~nt:t'ol of sul)c[~.v~der, then the C~ty Planner and l,,,t~,l~cape Special[s*: may w{t~hold approval of occupancy un t.il the ~mprovement work is completed as set forth in sa~d ~ch~d~le, o~ may req~ire the deposit of a $700 additional cash ~.curity for each uqit for wr~ch an occupancy permit is ~ssued, or m,w ~usp~nd the op. rat:ion of Alternate P~ocedure (2) and ~erll~[~',. st~b~iivider to continue development pursuant to A1 l:et'n,~ te Procedure (1). 'i'i~e approvals for issuance oi occupancy permits shall not be effective until same bears t~e written approval of the City Planner and Landscape SpeciaList, and a copy thereof is filed in the office of the City Clerk. (Exhibit) o $ - WESTBOROUGH GREESS WEST PARK COMMON GREEN SCHEDULE 1. Underground 2. Grading . ' 3. Walks Sprinklers 5. Planting , A. Between Bettman $ Baidwin B. Between Bassett & Bet%man C. Gilber~ $ Basse~ D. Eas~ of Gilbert A 1. August 10th 2. August 10th 3. August 17th ~. August 2~th $. August 31st B ' C D August lOth August 10th August 10th August 2$th September 8th September 22nd September 1st September lSth September 29th September 8th September 23rd October Sth September lSth Septembe~ 30th Octobe~ 12th 5. MAINTENANCE AND REPAIR: Subdivider shall comply with the regulations set forth in City Council Resolution ~$83 passed the Sth day of December, 1966, except that the post-planting maintenance period shall be sixty (60) days after final inspection and Subdivider. shall replace all plant material which is not in a good, healthy a/id flourishing condition of active growth at the end of said maintenance period and repair and replace any appurtenant works which are,.defective or cthe~ise inoperable.' (l?.xhibit) '