THIS AGREEMENT, made and entered into this ________ day of __________, 20__, by and between _________________________, hereinafter called "Subdivider", and the City of Willows, a political subdivision of the State of California, hereinafter called "City".
WITNESSETH:
The parties hereto agree that the Subdivider shall complete the street improvements, tract drainage, and all other improvements required in the approved construction plans for the _________________________ subdivision as per the map being filed at this time in the Office of the County Recorder of Glenn County; and Subdivider further agrees that the construction of said improvements shall be completed to the satisfaction of the City Engineer within one (1) year from the date hereof and shall be constructed in accordance with the approved plans on file with the City Engineer and the Land Division Standards and the applicable sections of the current edition of the State of California Department of Transportation Standard Specifications.
The Subdivider shall cause the work to be completed without delay except for inclement weather or other reasonable cause. Any delay in the completion of the work beyond the period stated, unless an extension thereof is approved by the City Council, shall result in forfeiture of the cash deposit and/or security, or a portion thereof, for the completion of the work.
The Subdivider further agrees to maintain these subdivision improvements for a period of one (1) year from the date of acceptance of the work by the City Council.
The Subdivider further agrees that he will pay all the costs of improvements when due, including all labor and materials and the cost of relocating existing utilities when such relocation is necessary to permit the construction of improvements required for the subdivision.
The Subdivider further agrees to pay for the setting and establishment of all survey monuments and points as shown on the filed subdivision map.
The Subdivider further agrees that at the time of execution of this agreement a deposit will be made to the City, in the form of a cash deposit or acceptable surety bond or bonds, to guarantee the performance of work, payment for labor and materials, and payment for surveying, and at the time of acceptance of all improvements a maintenance bond to cover maintenance of the facilities for a one (1) year period. The deposit amounts are as listed:
1. Performance in amount of contract price
$_______________
2. Labor and material in amount of 50 percent of contract price
$_______________
3. Maintenance bond in amount of 10 percent of contract price
$_______________
4. Surveying bond in amount equal to estimate of work
$_______________
The City in consideration of the terms above referred to agrees to permit the Subdivider to file and record said subdivision map and recognizes the subdivision described therein as a subdivision complying with the ordinances and requirements of the City of Willows and the applicable laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
CITY OF WILLOWS
______________________________
Mayor
Approved:
SUBDIVIDER
______________________________
City Engineer
______________________________
Name
Attest:
______________________________
Address
______________________________
City Clerk
______________________________
Name
______________________________
Address
(Res. 11-79 § VIII(A), 7-24-1979)
Whereas, the City Council of the City of Willows, State of California, and _________________________, hereinafter designated as "principal", have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated, _______________, 20__, and identified as project _________________________ is hereby referred to and made a part hereof; and
Whereas, said principal and _________________________, as surety, are held and firmly bound unto the City of Willows, hereinafter called "City", in the penal sum of ________________________ dollars ($________________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on _______________, 20__.
Surety
Principal
_______________________
By:_______________________
_______________________
By:_______________________
Title:_______________________
(Res. 11-79 § VIII(B), 7-24-1979)
Whereas, the City Council of the City of Willows, State of California, and _________________________, hereinafter designated as "principal", have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _______________, 20__, and identified as project _________________________, is hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Willows to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety are held firmly bound unto the City of Willows and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ________________________ dollars ($________________________), for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition.
In witness thereof, this instrument has been duly executed by the principal and surety above named, on _______________, 20__.
Surety
Principal
_______________________
By:_______________________
_______________________
By:_______________________
Title:_______________________
(Res. 11-79 § VIII(C), 7-24-1979)
AFTER RECORDING
Please Return To:
_______________________________
_______________________________
_______________________________
CERTIFICATE OF COMPLIANCE – LAND DIVISION
(Section 66499.35, Government Code)
APPLICANT:
_______________________________
(Name)
_______________________________
(Address)
_______________________________
REAL PROPERTY:
(Insert or Attach Legal Description)
_______________________________________, acting pursuant to Section 66499.35 of
(Legislative body, appeal board or advisory agency)
the Subdivision Map Act and local ordinances enacted pursuant thereto, hereby finds, determines and certifies that:
1. The real property or the division thereof described herein complies with the applicable provisions of the Subdivision Map Act and local ordinances enacted pursuant thereto; and
2. Any conditions imposed in granting this Certificate of Compliance have been fulfilled; and
3. The issuance and recordation of this Certificate of Compliance has been duly authorized and approved by the ____________________________________________________________
(governing body, appeal board or advisory agency)
of _______________________________.
(local jurisdiction)
Date of Issuance:
_____________________________________________
_____________________________________________
(Governing Body, Appeal Board or Advisory Agency)
By: _______________________________
(Authorized Officer)
CERTIFICATE OF NOTARY
(Res. 11-79 § VIII(II-B), 7-24-1979)
NOTICE OF DETERMINATION
WAIVING THE REQUIREMENT OF A PARCEL MAP
Upon application filed and in accordance with applicable provisions of the Subdivision Map Act and local ordinances permitting the waiver of the requirement of a parcel map, ____________________________________________ hereby determines and certifies as follows: (advisory agency)
Section 1. The requirement of a parcel map is waived for the following described division of land:
APPLICANT:
_______________________________
(Name)
_______________________________
(Address)
_______________________________
GENERAL DESCRIPTION OF ENTIRE PROPERTY:
(Insert or attach general description)
DESCRIPTION OF PARCEL CREATED BY DIVISION OF LAND:
(Insert or attach legal description)
Section 2. It is hereby found that the division of land described above complies with all such requirements of the Subdivision Map Act or local ordinance enacted pursuant thereto as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or local ordinance enacted pursuant thereto. This finding is based on the following facts:
(Set forth facts which support finding)
Section 3. Construction of the following offsite and onsite improvements shall be required prior to the issuance of a permit or other grant of approval by the (City) (County) for the development of the parcel of property created by the division of land under this instrument, but fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of such parcel of property is issued by the (City) (County).
(List improvements)
Section 4. This instrument shall be recorded in the Office of the Recorder of __________ County.
ADOPTED this _______________ day of _________________________, 20__.
(Res. 11-79 § VIII(I-C), 7-24-1979)
[1]
Suggested for use where waiver is granted by planning agency acting as advisory agency.