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HomeMy WebLinkAbout12-21-2011 City Council Packet SupplementalAGENDA SPECIAL MEETING SARATOGA CITY COUNCIL DECEMBER 21, 2011 SPECIAL MEETING — 4:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 4:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on December 16, 2011) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON- AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION — 4:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code Section 54957.6) A. Employee organizations: Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board Agency designated representatives: Deanna Mouser, Monica LaBossiere, and /or Dave Anderson PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't. Code 54957) Title: City Attorney YOUTH COMMISSION INTERVIEWS — 5:35 P.M 1 ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102 - 35.104 ADA title I1] Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on December 16, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 16th day of December 2011 at Saratoga, California. Trj 1/A__) Crystal . 4 orrow City Cler 2 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, DECEMBER 21, 2011 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on December 16, 2011) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non - Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be . acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1. City Council Regular Meeting Minutes for December 7, 2011 Recommended action: Approve minutes. 2. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept check registers for the following accounts payable payment cycles: December 1, 2011 December 7, 2011 3. Treasurer's Report for the Month Ended November 30, 2011 Recommended action: Review and accept the Treasurer's Report for the month ended November 30, 2011. 4. Purchase of Village Pedestrian LED Lights Recommended action: Approve proposal from Electrical Distributors Co. in the amount of $143,438.77 for the purchase of 95 LED fixtures and photo controls. 5. Saratoga Ave Overlay and Rehabilitation Project ESPL - 5332(014) — Notice of Completion Recommended action: Move to accept the Saratoga Ave Overlay and Rehabilitation Project ESPL- 5332(014) as complete and authorize staff to record the Notice of Completion for the construction contract. 6. Highway 9 Safety Improvement Project Phase III, Austin Way — Award of Construction Contract Recommended action: 1. Move to declare Granite Rock Company DBA, Pavex Construction Division of San Jose to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Granite Rock Company DBA, Pavex Construction Division in the amount of $313,880.00 3. Move to authorize staff to execute change orders to the contract up to $32,000. 7. Award of Design Contract for the Village Pedestrian Enhancement Phase 2 Project Recommended action: 1. Move to award a professional services contract with Gates and Associates for Design Services in the amount of $179,943 connected to the Village Pedestrian Enhancement Phase 2 Project and authorize the City Manager to execute the same. 2. Move to authorize staff to execute change orders to the contract up to $18,000. 8. Final Acceptance of Subdivision Dedications — Subdivision Application No. SUB07- 0001, 19161 Cox Avenue Recommended action: 1. Move to accept offers of dedication within the Subdivision SUB07 -0001. 2. Move to adopt the resolution rescinding the previously rejected Offers of Dedications and accepting dedication of streets or portions of streets within Subdivision SUB07 -0001 which includes portion of Cox Avenue and a portion of Brookglen Court into the City's publicly maintained street system. 9. Subdivision Improvement Amendment and Drainage Maintenance Covenant for Balakrishnan Trust Property Recommended action: 1. Approve Amendment to Subdivision Improvement Agreement between the Balu and Mohini Balakrishnan Trust and the City of Saratoga. 2. Approve the Drainage Maintenance Covenant between the Balu and Mohini Balakrishnan Trust and the City of Saratoga. 10. Approval of Library Improvement Project and Authorizing Use of Library Improvement Fund Recommended action: Authorize use of approximately $5,000 in savings of the Saratoga Library Improvement Fund (LBIF) and approve a Post Indicator Valve (PIV) fire alarm project to improve and enhance the Saratoga Library. 11. Commission Qualifications and Expiring Terms Recommended action: Accept the list of Commission qualifications and terms expiring in the 2012 calendar year. 12. Amendment to Weed Abatement Agreement Recommended action: Approve the amendment to the agreement between the County of Santa Clara and the City of Saratoga for abatement of weeds and authorize the Mayor to sign the agreement amendment. 13. 2012 Hazardous Vegetation Program Commencement Resolution Recommended action: Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and setting a public hearing on January 18, 2012 to consider objections to the Abatement List. 14. Council CaIPERS Election of Optional Membership and Pension Reform Recommended action: Approve the terms and conditions contained in said Resolution which is attached hereto between the City Council and the City effective December 21, 2011. 15. Annexation of 19351 Redberry Drive (APN 510 -25 -062) Recommended action: Approve annexation of 19351 Redberry Drive (APN 510 -25 -062), an approximately 1.39 (gross) acre parcel and an adjacent portion of Redberry Drive, all of which is contiguous with the limits of the City of Saratoga and within the City's Sphere of Influence and Urban Service Boundaries. PUBLIC HEARINGS None OLD BUSINESS 16. Resolution Adopting Council Agency and Ad Hoc Committee Appointments Recommended action: Approve resolution adopting Council agency and ad hoc committee appointments. NEW BUSINESS 17. Pre - Annexation Agreement for the Garrod Trust property at 22600 Mount Eden Road — ANX10 -0002. Recommended action: Approve the Pre - Annexation Agreement for the Garrod Trust and authorize the City Manager to sign it on behalf of the City. 18. CDBG Program Update Recommended action: Review and accept Staff's application for CDBG ADA Improvement funds. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Let's Move City Mayor /Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District Vice Mayor Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Howard Miller City School Ad -Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Let's Move City. Mayor /Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on December 16, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 16th day of December 2011 at Saratoga, California. Crystal Morrow City Clerk Vo rre-uu NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 01/18 Regular Meeting —Joint meeting with Chamber of Commerce 01/26 Council Retreat 02/01 Regular Meeting —Joint meeting with Sheriff and County Fire 02/15 Regular Meeting —Joint meeting with Planning Commission 03/07 Regular Meeting — Joint meeting with Hakone Board 03/21 Regular Meeting —Joint meeting with SAS SC 04/04 Regular Meeting 04/18 Regular Meeting 05/02 Regular Meeting 05/16 Regular Meeting 06/06 Regular Meeting 06/20 Regular Meeting 07/04 Fourth of July —City Hall closed 07/18 Regular Meeting 08/01 Regular Meeting 08/15 Regular Meeting 09/05 Regular Meeting 09/19 Regular Meeting 10/03 Regular Meeting — 10/17 Regular Meeting 11 /01 11/14 Regular Meeting Regular Meeting 12/04 Reorganization Meeting 12/05 Regular Meeting 12/19 Regular Meeting a City of Saratoga Memo To: Mayor and City Council Members From: Macedonio Nunez, Associate Engineer Date: December 21, 2011 Re: City Council Meeting Agenda Item No. 7 Village Pedestrian Enhancement Phase II Design Project The final cost for the Village Pedestrian Enhancement Phase II Design Project was $14,390.00 higher than anticipated. Furthermore, a 10% contingency ($18,000) is recommended for any unforeseen circumstances and addressing additional work which may arise during the course of work. Please adopt the attached budget resolution to increase the project expenditure budget for the award of the design contract. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO TRANSFER ADDITIONAL EXPENDITURES TO THE VILLAGE PEDESTRIAN ENHANCEMENT PHASE 2 DESIGN PROJECT WHEREAS, the City Council desires to continue to make pedestrian enhancements in the Village; WHEREAS, additional CIP funds are necessary to award the design contract and contingency for Village Pedestrian Enhancement Phase 2 Project WHEREAS, it is necessary to make adjustments to the Fiscal Year 2011/12 CIP Budget as follows: Account Description Account Amount To reduce the expenditure budget for the corporation yard vehicle shelter project and transfer funds out of project: Corporation Yard Vehicle Structure Expenditure 413.9341- 001.81161 $ (32,390.00) Corporation Yard Vehicle Structure (Transfer Out) 413.9341- 001.99999 $ 32,390.00 To appropriate transfer in funding and additional expenditure for the Village Pedestrian Enhancement Phase 2 Design Project: Village Pedestrian Enhancement Phase II Design CIP Expenditure 411 - 9142 - 010.81143 Village Pedestrian Enhancement Phase II Design CIP (Transfer In) 411.9142- 010.49999 $ 32,390.00 $ 32,390.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2011/12 Capital Improvement budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on day of 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN.: Chuck Page, Mayor City of Saratoga Attest: Crystal Morrow, City Clerk City of Saratoga Memo To: Mayor and City Council Members From: Iveta Harvancik, Senior Engineer Date: December 21, 2011 Re: City Council Meeting Agenda Item No. 9 Subdivision Improvement Agreement Amendment and Drainage Maintenance Covenant for Balakrishnan Trust Property Attached are the revised Subdivision Improvement Agreement Amendment and Drainage Maintenance Covenant for Balakrishnan Trust Property. The revision consists of clarification that the City is responsible for storm drain maintenance on the developed property. The owner is responsible for the maintenance of the storm drain system on the undeveloped properties. The owners have reviewed the modification and signed the revised Subdivision Improvement Agreement Amendment and Drainage Maintenance Covenant for Balakrishnan Trust Property 11A:54-63 vit CouKt4 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AND TO DEFER IMPROVEMENTS CONDITIONED UPON DRAINAGE MAINTENANCE COVENANT THIS AGREEMENT is entered into effective ( "Effective Date ") by and among the Balu and Mohini Balakrishnan Trust dated June 9, 1993 (hereinafter referred to as "Owner" and/or "Subdivider," ( "Subdivider" by virtue of being assignee of the "Previous Owners" Mostaan Parviz and Ouraie Farzaneh, who in turn were assignees of the "Original Subdivider" Thomas E. Burke and Hope E. Burke 1985 Trust — which status Owner hereby acknowledges) and the City of Saratoga (hereinafter referred to as "City ") with reference to property known as Assessor's Parcel Numbers: 503 -78 -033, 503 -78 -035, 503 -78 -036, and 503- 78 -037 and 503 -78 -038 ( "Original Subdivision "), as described in more detail in Exhibit A hereto. Currently parcel 503 -78 -036 is the only developed parcel ( "Developed Parcel "). Currently parcels 503 -78 -037 and 503 -78 -039 (the latter being the combination of original parcels 503 -78 -033, 503 -78 -035 and 503 -78 -038) remain undeveloped (the "Undeveloped Parcels "). RECITALS WHEREAS, in connection with the development of the subdivision of the Property (hereinafter also known as "subject subdivision "), the Original Subdivider previously filed with the City of Saratoga Community Development Director a tentative map of said subdivision (referenced by the City as SD 95 -004), which said tentative map was duly approved by City by Resolution Number SD 95 -004 dated July 24, 1996; and WHEREAS, the Original Subdivider previously filed with the City of Saratoga City Clerk a parcel map or final map (hereinafter "Map" as applicable) of the subject subdivision, which said Map was duly approved by the City Council on July 16, 1997; and WHEREAS, Owner /Subdivider has previously executed and recorded a Subdivision Improvement Agreement effective December 31, 2007 and recorded October 30, 2008 as Document # 20033350, attached as Exhibit B hereto; and Amendment to Subdivision Improvement Agreement ( Balakrishnan Trust) Page 1 WHEREAS, Section 3(f) of the Subdivision Improvement Agreement requires Owner /Subdivider to furnish to the City improvement security, as required by Section 5 of the Subdivision Improvement Agreement and by City Code Section 14- 60.020; and WHEREAS, the subject subdivision was created in 1997 but only one parcel, 503 -78- 036, the Developed Parcel, has been developed; and WHEREAS, the Owner /Subdivider purchased the Developed Parcel (503 -78 -036) in 2006 from someone other than the Original Subdividers; and WHEREAS, the Original Subdivider sold the Undeveloped Parcels 505 -78 -037 and 503- 78 -039 to Previous Owners, with the Previous Owners assuming the responsibility for the subdivision improvements related to the Undeveloped Parcels; and WHEREAS, the Owner subsequently purchased the Undeveloped Parcels (505 -78 -037 and 503 -78 -039) from the Previous Owners in January of 2008; and WHEREAS, the Previous Owners, in conjunction with the sale of the Undeveloped Parcels to Owners, requested release of their improvement security and their Subdivision Improvement Agreement, and prior to such release, the City required the Owner to execute and record a new Subdivision Improvement Agreement (which Owner did as described above, and attached hereto as Exhibit B) and to furnish the required improvement security (which Owner provided in the form of a letter of credit); and WHEREAS, the Subdivision Improvement Agreement and Owner /Subdivider's improvement security have been extended one or more times; and WHEREAS, Owner lives in the single- family dwelling on the Developed Parcel (503 -78- 036) and the Undeveloped Parcels (505 -78 -037 and 503 -78 -039) in the subject subdivision remain vacant and Owner represents that it does not have any intention to develop either of the Undeveloped Parcels in the foreseeable future; and WHEREAS, Owner has requested City to defer the requirements that Owner construct all required Works of Improvement under Section 3 and furnish the improvement security under Sections 3(f) and 5 of the Subdivision Improvement Agreement; and WHEREAS, City is willing to amend the Subdivision Improvement Agreement to defer the requirement that Owner construct all required Works of Improvement under Section 3 and the requirement that Owner furnish the improvement security under Sections 3(f) and 5 of that Agreement in accordance with the terms and conditions set forth herein; and WHEREAS, the City and Owner /Subdivider agree as a condition of approval of this Amendment, that Owner is responsible at all times for maintenance of that portion of the storm drainage system on the Undeveloped Parcels, pursuant to the Drainage Maintenance Covenant, attached as Exhibit C hereto. Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 2 AGREEMENT TO AMEND NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises and covenants of the parties hereto, the Subdivision Improvement Agreement of the Owner recorded October 30, 2008 as Document# 20033350 is amended as follows: 1. Deferral of Obligation to Construct Works of Improvement. Owner of the Property as subdivided continues to have the obligation to carry out, complete and maintain the Works of Improvement in accordance with the Subdivision Improvement Agreement recorded October 30, 2008 as Document# 20033350; however, such obligation is hereby deferred until Owner or future owner(s) of any of the Undeveloped Parcels develops one or more of the Undeveloped Parcels. 2. Deferral of Improvement Security Requirement. The requirement that Owner of the Property as subdivided furnish to the City the improvement security required by Sections 3(f) and 5 of the Subdivision Improvement Agreement, recorded October 30, 2008 as Document# 20033350, is hereby deferred until Owner or future owner(s) any of the Undeveloped Parcels develops one or more of the Undeveloped Parcels. 3. No Obstruction or Interference. Owner agrees that any and all construction or improvement (other than the repaving and maintenance of the existing driveway on the Developed Parcel that is shared by the subdivided parcels) on the subject subdivision which would obstruct or interfere in any way with installing the Works of Improvement is precluded absent an Encroachment Permit duly obtained from the City, and if, in any event, any obstruction, interference or encroachment as to any Work of Improvement intended to be installed occurs, the same shall be eliminated before the start of development of any one or more of the Undeveloped Parcels at Owner's sole expense. "Interfere" as used in this Section shall include any adverse impact on adequate access for installation and maintenance of the Works of Improvement as determined in the sole discretion of the City. 4. Indemnification. Owner herby agrees to indemnify, defend and hold harmless the City, its officers, officials, boards, commissions, employees, agents and volunteers from and against any and all claims, demands, actions, costs, expenses or liabilities arising from or resulting in any manner from the use, erection, construction or maintenance of any obstruction, interference or encroachment into any area where any Work of Improvement is intended to be installed, accessed or maintained, or the failure to comply with any term or condition of any Encroachment Permit or this Agreement, or the action(s) of the City in authorizing Owner to occupy any portion of the subject subdivision without completion of any or all Works of Improvement, or in executing this Agreement or in issuing any related Encroachment Permit. 5. Agreement Binding on Successors of Undeveloped Parcels and Any Successor of Undeveloped Parcels Required to Execute Acknowledgment. This Amendment to the Subdivision Improvement Agreement shall be binding upon the successors and assigns of Owners and future owner(s) of the Undeveloped Parcels. Owner shall Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 3 inform potential buyers of any of the Undeveloped Parcels of land of the obligations on successors and assigns created by this Agreement. Each successive owner shall provide a copy of the executed Subdivision Improvement Agreement and the Amendment thereto to each successor owner of any of the Undeveloped Parcels who shall execute an acknowledgment of his/her acceptance of the rights and responsibilities under the Subdivision Improvement Agreement and this Amendment thereto, pursuant to the form provided in Exhibit D attached hereto. 6. All Other Provisions Remain in Full Force and Effect. All provisions of the Subdivision Improvement Agreement effective December 31, 2007 and recorded October 30, 2008 as Document# 20033350 which are not expressly and directly modified by this Amendment shall remain in full force and effect. Authority to Execute. Each of the signatories hereto warrants and represents that he or she has the authority to sign this Agreement and to bind any party on whose behalf said signature is made and /or to bind any property with respect to which said signature is made. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on December 113 , 2011. Date VZ —1 � -Z U 11 Date Owner /Subdivider: Balu and Mohini Balakrishnan Trust dated June 9, 1993 �T f S 'r.�� Balu Balakrishnan, individually and as Co- Trustee I i Mohim Balakrishnan, individually and as Co- Trustee City of Saratoga By: Dave Anderson, City Manager Attachments: Exhibit A — Legal Description of Property Exhibit B — Subdivision Improvement Agreement Exhibit C — Drainage Maintenance Covenant Exhibit D — Acknowledgment of Acceptance of the Rights and Responsibilities under the Subdivision Improvement Agreement Amendment to Subdivision Improvement Agreement ( Balakrishnan Trust) Page 4 INSTRUCTIONS This Agreement shall be recorded. Owner(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code § 1. 169, et seq.) ACKNOWLEDGEMENT State of California / ) County of n,-). On Q" c� b \ t before'�e, l 1 t u� ti' e-V- .'03 , W-*, &.ft personally appeared �s- �`n ('•v�ho prro,�o'',ed -to me on the basis of satisfactory evidence to be the persons) sl(sjare-subscribed to the within instrument and acknowledged to me &h �XNHe/the.rexecuted the same in his/her /their authorized capacity(ies ;,and�that by his/ er• /t4eeir signature(s) on the instrument the person(s), or the entity upon behalf �w Lch- K p person(s) acted, executed the instrument. I certify under P�-L Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGEMENT State of California ) County of ) MAR t Comr Notary San On before me, , personally appeared , who proved to me on the basis 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 5 State of California ) County of Santa Clara ) On December 19. 2011 before me, Marsha Brittendahl , Notary Public (here insert name and title of the officer), personally appeared A \ c �, ?-- <%AC f c- r vti who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/'ar jsubscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /theirs Authorized capacity(ies), and that by his /her /t ignature(s) on the instrument the person(s), or the entity upon b_e If of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'eL(Seal) 4iT7ENDAHL w 1789814 c -California z D . -ara County :,,,.fires Jan 27, 2012 (notary)(12 -07) L MARSHA BRITTENDAHL Commission # 1789814 Z Notary Public - California € _ ' Santa Clara County Comm. , res Jan 27, 2012 State of California County of On ACKNOWLEDGEMENT before me, personally appeared , who proved to me on the basis 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 6 EXHIBIT A [INSERT PROPERTY DESCRIPTION] Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 7 Order Number: 4317 - 2916497 Page Number: 10 LEGAL DESCRIPTION Real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL A: ALL OFF PARCELS 1 AND 3, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED AUGUST 13, 1997 IN BOOK 692 OF MAPS, PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS. PARCEL e: A NON- EXCLUSIVE EASEMENT APPURTENANT TO SAID PARCELS 1 AND 3 FOR INGRESS AND EGRESS AND THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 2, AS SHOWN ON SAID MAP, DESIGNATED "20 FEET INGRESS, EGRESS AND P.S.E.," ON SAID MAP. PARCEL C: A NON - EXCLUSIVE EASEMENT APPURTENANT TO PARCEL 3, AS SHOWN ON SAID MAP FOR INGRESS AND EGRESS AND THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERN CORNER OF PARCEL 3, AS SHOWN ON THE PARCEL MAP RECORDED AUGUST 13, 1997 IN BOOK 692 OF MAPS, AT PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 3, SOUTH 150,30; 00" WEST A DISTANCE OF 105.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCR:IPT11ON, AND THE CENTER LINE OF 20 FEET WIDE EASEMENT; THENCE ALONG SAID CENTER LINE NORTH 880 52'55" WEST A DISTANCE OF 81.63 FEET TO THE EXISTING 20 FEET WIDE INGRESS, EGRESS, AND PUBLIC SERVICE EASEMENT SHOWN ON SAID MAP AND THE TERMINUS OF THIS DESCRIPTION. APIT 503 -78 -033 (.Affects: Portion of Parcel 1); 503 -78 -035 (Affects: Portion of Parcel 1); 503 -78- 03? (Affect,,: Parcel 3) and 503 -78 -038 (Affects: Remainder portion of Parcel 1) First American Title EXHIBIT B [INSERT SUBDIVISION IMPROVEMENT AGREEMENT] Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 8 EXHIBIT C [INSERT DRAINAGE MAINTENANCE COVENANT] Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) . Page 9 EXHIBIT D ACKNOWLEDGMENT OF ACCEPTANCE OF THE RIGHTS AND RESPONSIBILITIES UNDER THE ATTACHED SUBDIVISION IMPROVEMENT AGREEMENT AND THIS AMENDMENT THERETO I, (name of purchaser of parcel of property in the subject subdivision shown on parcel map or final map (hereinafter "Map" as applicable) of the subject subdivision, which said Map was duly approved by the City Council Resolution.No. SD 95 -004 dated July 16, 1997 creating parcels known as Assessor's Parcel Number(s): 503 -78 -033, 503- 78 -035, 503 -78 -036, 503 -78 -037, and 503 -78 -038 as described in more detail in Exhibit A hereto (the "Property "), do hereby acknowledge that I accept the rights and responsibilities under that Subdivision Improvement Agreement effective December 31, 2007 and recorded October 30, 2008 as Document# 20033350 and under the Amendment thereto executed effective , 20 and recorded , 20 as Document # . A copy of such Agreement and Amendment thereto is attached and I understand that the same shall be binding upon me and on my successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth below. PURCHASER: Date: By: Name: Its: Attachments: (1) Subdivision Improvement Agreement (2) Amendment to Subdivision Improvement Agreement Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 10 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 FOR RECORDER'S USE DRAINAGE MAINTENANCE COVENANT THIS COVENANT AGREEMENT is made and entered into effective this day of December, 2011 by and between the CITY OF SARATOGA, a municipal corporation, (hereinafter referred to as "CITY "), and the Balu and Mohini Balakrishnan Trust, (hereinafter referred to as "OWNER "). RECITALS WHEREAS, OWNER is the owner of certain real property located in the City of Saratoga, County of Santa Clara, State of California, known as Assessor's Parcel Numbers: 503- 78 -036, 503 -78 -037, and 503 -78 -039 (parcel 503 -78 -039 being the combination of original parcels 503 -78 -033, 503 -78 -035 and 503 -78 -038) as described in more detail in Exhibit A hereto ( "Property "); and WHEREAS, OWNER AND CITY have entered into a SUBDIVISION IMPROVEMENT AGREEMENT, recorded October 30, 2008 as Document # 20033350 and attached as Exhibit B hereto ( "SIA "); and WHEREAS, OWNER AND CITY have agreed to an Amendment to the Subdivision Improvement Agreement, attached as Exhibit C hereto ( "Amendment to SIA "); and WHEREAS, only one parcel, 503 -78 -036 ( "Developed Parcel "), has been developed; and WHEREAS, OWNER lives in the single - family dwelling on the Developed Parcel (503- 78 -036), and parcels 505 -78 -037 and 503 -78 -039 ("Undeveloped Parcels ") of the Property remain vacant and OWNER represents that it does not have any intention to develop either of the Undeveloped Parcels in the foreseeable future; and WHEREAS, the Amendment to SIA allows for the deferral of obligations to (1) construct certain Works of Improvement and (2) to furnish improvement security (as required by the SIA) Balakrishnan Trust Drainage Maintenance Covenant Page 1 until the OWNER or future owner(s) actually develops either of the Undeveloped Parcels (503- 78 -037 or 503 -78 -039); and WHEREAS, the Undeveloped Parcels have storm drain systems as the sole utility systems installed on the lots that may require maintenance in the future, notwithstanding the lots remaining undeveloped or unsold; and WHEREAS, the CITY would like to ensure that the storm drainage system is maintained on the Undeveloped Parcels, as a condition for approval of the Amendment to SIA. NOW, THEREFORE, the OWNER and CITY hereby agree as follows: 1. Storm Drain System Maintenance OWNER agrees to maintain the storm drainage system on the Undeveloped Parcels to the satisfaction of the CITY's Director of Public Works ( "DPW "). OWNER agrees that the DPW shall have the right to reject any or all of the work or maintenance to be performed under this Agreement if such work does not, in the DPW's sole determination, conform to CITY standards, or any applicable law, rule, regulation, permit, or condition of approval. 2. Perpetual Maintenance of Storm Drain System At all times OWNER, at no cost or expense to CITY, shall cause said storm drainage system to be at all times perpetually kept and maintained in good and orderly condition, repair and maintenance, in conformance with the requirements of CITY regulations. 3. Right to Inspection The CITY maintains the right, but no obligation, to enter the Property to inspect the storm drainage system at reasonable times to determine if it is kept and maintained in good and orderly condition, repair and maintenance, in conformance with the requirements of CITY regulations. Although CITY maintains this right, nothing herein shall be construed to impose any duty, responsibility, or obligation upon the CITY to inspect, visit or otherwise view said storm drainage system for purposes of determining whether upkeep and maintenance repairs are required pursuant to this Agreement. 4. Failure to Perform Under Agreement When, in the sole determination of the DPW, said storm drainage system has not been maintained in compliance with applicable requirements or has deteriorated to such an extent that the system no longer meets specific maintenance requirements, the DPW may give written notice of the deficiencies to OWNER and demand for correction thereof. In the event OWNER fails to perform and complete the corrective work within ninety (90) days following receipt of the written demand from the DPW (or if the corrective work is of such nature that it cannot reasonably be completed within ninety (90) days, then in the event OWNER fails to promptly commence such work and prosecute the same diligently to completion), then OWNER hereby Balakrishnan Trust Drainage Maintenance Covenant Page 2 consents that CITY shall have the right, but not the obligation, to enter the Property and to cause such corrective work to be performed, in whole or in part, by its own agents and employees or by outside contractors retained by CITY for such purpose. Any and all costs or expenses incurred by CITY in connection with the performance of the corrective work shall be charged to OWNER and shall be immediately due and payable by OWNER to CITY within thirty (30) days after OWNER's receipt of CITY's written demand. Until such charges are paid in full by OWNER, the amount thereof shall constitute a lien and encumbrance upon the Property. Said lien may be enforced in a civil action brought in the name of CITY in any Court of competent jurisdiction, or in the alternative (in the CITY's sole discretion), shall constitute a special assessment for nuisance abatement against the Property and shall be collected at the same time and in the same manner as real property taxes are collected by CITY, all the provisions relating to tax delinquency being made applicable thereto. In addition, until the corrective work required by the CITY is completed to the satisfaction of the DPW and /or all costs or expenses incurred by the CITY in its performance of the corrective work is paid in full, CITY may deny any required approval or permit for development of any portion of any of the Undeveloped Parcels or, in the CITY's sole discretion, condition issuance any such approval or permit on completion of such corrective work and/or payment in full of such costs and expenses. Nothing herein contained shall be construed to impose any duty, responsibility, or obligation upon the DPW to inspect, visit or otherwise view said storm drainage system for purposes of determining whether upkeep and maintenance repairs are required pursuant to this Agreement, or to take any action whatsoever, pursuant to this section. 5. No Waivers Enforcement of the terms of this Agreement shall be at the sole discretion of the CITY, and any forbearance by the CITY to exercise its rights under this Agreement in the event of any breach of any term of this Agreement by OWNER shall not be deemed or construed to be a waiver by the CITY of such term or of any subsequent breach of the same or any other term of this Agreement or of any of the CITY's rights under this Agreement. No delay or omission by the CITY in the exercise of any right or remedy upon any breach by OWNER shall impair such right or remedy or be construed as a waiver. Notwithstanding any other provision of law, all waivers must be express and in writing. 6. Indemnification and Defense OWNER shall hold harmless, indemnify and defend CITY and its respective officers, directors, governing members, employees, volunteers, contractors, partners, insurers, attorneys, agents, successors and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, orders, liens, charges, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: Balakrishnan Trust Drainage Maintenance Covenant Page 3 (a) Injury to or the death of any person or physical darnage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Undeveloped Parcels, or CITY property on which any storm drainage systems or improvements are installed, regardless of cause, and including any liability for any active or passive negligence of any of the Indemnified Parties arising out of or related to the storm drainage system improvements, unless due to the sole negligence or willful misconduct of any of the Indemnified Parties; (b) Any claim based on the existence or administration of this Agreement, or the enforcement or nonenforcement thereof. 7. Liability for Non - Performance and Personal Iniuries Neither CITY nor any of its officers, employees or agents shall be liable to OWNER or OWNER's contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. Nor shall CITY be liable to OWNER or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the Undeveloped Parcels, or the City Property, covered by this Agreement, or any part thereof. 8. Obligations of Owner Notwithstanding the fact that OWNER's plans, completion of the work, and other acts are subject to approval by the CITY, it is understood and agreed that any approval by CITY thereof shall not relieve OWNER from satisfactorily maintaining the storm drain system(s) under this Agreement. Compliance with the CITY's standards, specifications and all applicable laws, rules, regulations, permits and conditions of approval shall be the sole responsibility of the OWNER. OWNER hereby warrants that its plans and specifications will comply with all of CITY's standards, specifications and ordinances and that the work done pursuant thereto shall be in conformity with the said standards, specifications and ordinances and that the OWNER'S plans and specifications are adequate to accomplish the work in a good workmanlike manner and in accordance with sound drainage maintenance practices. This warranty shall survive any review, inspection or approval by the DPW and any other CITY officers, employees or agents. 9. Notices Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to any other party shall be in writing and may be served in any one of the following ways: personally, by mail, or by overnight delivery service (such as Federal Express) addressed as follows: To OWNER: Balu and Mohini Balakrishnan Trust dated June 9, 199' 3 c/o 21789 Villa Oaks Lane Saratoga, CA 95070 Balakrishnan Trust Drainage Maintenance Covenant Page 4 To CITY: Director of Public Works City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 or to such other address as any party from time to time shall designate by written notice to all other parties. Such notice shall be deemed to be effective when delivered if served personally or sent via overnight delivery service, and five days after being deposited in the mail. 10. General Provisions (a) Controlling_ Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. OWNER and CITY have all of the rights and remedies available to them under the laws of the State of California. (b) Severability. If any provision of this Agreement is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to any person or circumstance other than those as to which it has been found to be invalid, shall not be affected thereby, unless such provision was a material consideration for this Agreement. (c) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the maintenance of the storm drainage system and supersedes all prior understandings, discussions, negotiations, or agreements relating to the Agreement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless OWNER and CITY jointly amend this Agreement in writing. (d) Successors. The covenants, terms, conditions, and restrictions of this Agreement shall constitute covenants running with the land and shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal heirs, representatives, successors, transferees and assigns. All such heirs, representatives, successors, transferees and assigns shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such heirs, representatives, successors, transferees or assigns acquire an interest in the Undeveloped Parcels. (e) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (f) Warranty of Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so and has full right and authority to enter into this Agreement and all of its obligations hereunder. (g) Timing of Agreement. The Parties hereby agree that time is of the essence as to this Agreement. Balakrishnan "Crust Drainage Maintenance Covenant Page 5 11. Independent Legal Counsel The undersigned parties acknowledge their right to obtain independent legal advice prior to entering into this Agreement. The undersigned parties have either obtained the advice of legal counsel prior to entering into this Agreement or voluntarily waive the right to do so by signing it. The undersigned parties execute this Agreement voluntarily with full knowledge of any rights they may have, with full knowledge of the significance of this Agreement, and with the express intention of effecting the legal consequences provided by the laws of the State of California. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on December 1� , 2011. Date i Z— ► c1— 2011 Owner /Subdivider: Balu and Mohini Balakrishnan Trust dated June 9, 1993 Date Balu Balakrishnan, individually and as Co- Trustee Al1"6",67 ��iLlt s�Giv U� P Ct7 ez-, Mohini Balakrishnan, individually and as Co- Trustee City of Saratoga By: Dave Anderson, City Manager Attachments: Exhibit A — Legal Description of Property Exhibit B — Subdivision Improvement Agreement Exhibit C — Amendment to Subdivision Improvement Agreement Balakrishnan Trust Drainage Maintenance Covenant Page 6 INSTRUCTIONS This Agreement shall be recorded. Owner(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code § 1169, et seq.) State of California County of i1 personally appeared satisfactory evidence to be the pc instrument and acknowledged to authorized capacity(ies)., a d�(ha the entity upon behalf,of- ich -t ACKNOWLEDGEMENT , who proved to me on the basis of s) is /are subscribed to the within �th'dtLfi&she /they executed the same in his/her /their Ails /her /their signature(s) on the instrument the person(s), or person(s) acted, executed the instrument. I certify under PENAETY OF PERJURY under the laws of the State of California that the is true and correct. — WITNESS my hand and official seal. Signature State of California County of Ism (Seal) ACKNOWLEDGEMENT before me, �. NC o"'miss SonloPU� C, m. personally appeared , who proved to me on the basis 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Balakrishnan Trust Drainage Maintenance Covenant Page 7 �. -j0GL' State of California ) County of Santa Clara ) On December 19. 2011 before me, Marsha Brittendahl _ , Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis 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/,t executed the same in his /her /heiPauthorized capacity(ies), and that by his /her {ter signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^% Signature% ✓ 'C�-' 1. a._ _ & (Seal) r 698 (notary)(12 -07) ti..• >:.^ MARSHA BRITTENDAHL Commission # 1789814 " Notary PublIC - California = Santa Clara County h Comm. res Jan 27, 2012 State of California County of On ACKNOWLEDGEMENT before me, personally appeared , who proved to me on the basis 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Balakrishnan Trust Drainage Maintenance Covenant Page 8 EXHIBIT A [INSERT PROPERTY DESCRIPTION] Balakrishnan Trust Drainage Maintenance Covenant Page 9 Order Number: 4317-2916-497 Page Number 10 LEGAL DESCRIPTION Real property in the City of Saratoga, County of Santa Clara, State of California, described as followE : PARCEL A: ALL OF PARCELS 1 AND 3, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED AUGUST 13, 1997 IN BOOK 692 OF MAPS, PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS. PARCEL 6: .4 NON- EXCLUSIVE EASEMENT APPURTENANT TO SAID PARCELS 1 AND 3 FOR INGRESS AND EGRESS AND THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, N10RE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 2, AS SHOWN ON SAID MAP, DESIGNATED "20 FEET INGRESS, EGRESS AND P..S.E.," ON SAID MAP. PARCEL C: A NON- EXCLUSIVE EASEMENT APPURTENANT TO PARCEL 3, AS SHOWN ON SAID MAP FOR INGRESS AND EGRESS AND THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERN CORNER OF PARCEL 3, AS SHOWN ON THE PARCEL MAP RECORDED AUGUST 13, 1997 IN BOOK 692 OF MAPS, AT PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 3, SOUTH 150,00' 00" WEST A DISTANCE OF 105.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, AND THE CENTER LINE OF 20 FEET WIDE EASEMENT; THENCE ALONG SAID CENTER LINE NORTH 880 52'55" WEST A DISTANCE OF 81.63 FEET TO THE EXISTING 20 FEET WIDE INGRESS, EGRESS, AND PUBLIC SERVICE EASEMENT SHOWN ON SAID MAP AND THE TERMINUS OF THIS DESCRIPTION. AP' I. 5)3 -78 -033 ;.Affects: Portion of Parcel 1); 503 -78 -035 (Affects: Portion of Parcel 1); 503 -78- 03 7 Affects: Parcel 3) and 503 -78 -038 (Affects: Remainder portion of Parcel 1) First American Tit /e EXHIBIT B [INSERT SUBDIVISION IMPROVEMENT AGREEMENT] Balakrishnan Trust Drainage Maintenance Covenant Page 10 EXHIBIT C [INSERT AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT] Balakrishnan 'Frust Drainage Maintenance Covenant Page 11 Memorandum TO: City Council FROM: Crystal Morrow, City Clerk DATE: December 21, 2011 SUBJECT: Item 16: City Council Agency and Ad Hoc Assignments Council Members: The list of proposed 2012 City Council Agency and Ad Hoc Assignments is attached. Crystal 2012 City Council Agency and Ad Hoc Assignment Mandatory Agency Assignments Council Member Alternate Association of Bay Area Governments Lo Page Chamber of Commerce Cappello Hunter County HCD Policy Committee Cappello Lo Hakone Foundation Board Page * Hunter Hakone Foundation Executive Committee Page N/A KSAR Community Access TV Board Hunter Miller Library Joint Powers Authority Lo Hunter Santa Clara Valley Water District Commission Miller Hunter Santa Clara County Cities Association Page Lo Santa Clara County Cities Association Selection Committee Page Lo Santa Clara County Emergency Council Cappello Miller Valley Transportation Authority PAC Miller Page West Valley Flood Control & Watershed Advisory Committee Hunter Page West Valley Mayors and Managers Association Page Hunter West Valley Sanitation District Page Cappello West Valley Solid Waste Management Joint Powers Authority Miller Page * Both members attend Hakone Foundation Board meetings Liaison Assignments Council Member Alternate Historical Foundation Hunter Cappello Saratoga Ministerial Association Miller Cappello SASCC Hunter Cappello Sister City Liaison Lo Cappello Ad Hoc /Committee Assignments Council Member 2nd Council Member City School Ad Hoc Page Miller Council Finance Committee Miller Cappello Highway 9 Ad Hoc Lo Cappello Let's Move City Ad Hoc Page Cappello TEA Ad Hoc Page Cappello Village Ad Hoc Hunter Lo Both members are required to attend Ad Hoc /Committee meetings Removed Assignments Council Member 2nd Council Member Carlson House Restoration Ad Hoc Lo Cappello Electric Vehicle Charging Station Ad Hoc Lo Cappello Mayor /Vice Mayor Oath of Office Ad Hoc Page Cappello Tree Ad Hoc Hunter Cappello RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE PREANNEXATION AGREEMENT FOR RECORDATION WITH THE RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA GARROD TRUST PREANNEXATION AGREEMENT Page 1 GARROD TRUST PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ( "Agreement ") is made and entered into this -- day of _ 2011 by and between the CITY OF SARATOGA (City), a municipal corporation of the State of California and the Garrod Trust (Owner). The Owner and the City are collectively referred to herein as the Parties. RECITALS A. WHEREAS, Owner is the owner of a certain parcel of real property (approximately 68 acres) developed with a Winery /Equestrian Facility located in the County of Santa Clara within the City Sphere of Influence and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference ( "Annexation Property") which said Property is subject to a Williamson Act Contract with the County of Santa Clara dated December 24, 2001 and pursuant to Government Code Section 51243, if the Annexation Property is annexed to the City of Saratoga in 2011, the City will succeed to all rights, duties, and powers of the County under the 2001 Williamson Act Contract. B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately 51 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga_and_more particular-l- y- descr-i- bed -in- Exhibit B; attached - her -eto- and- incor- por-ated- her -ein -- - by this reference ( "Principal Property "), which said Principal Property is subject to a Williamson Act Contract with the City of Saratoga executed November 21, 1970. The Principal Property is currently developed with three dwelling units, a hay barn, miscellaneous covered horse paddocks, horse riding academy /day camp buildings, and metal shop and an administrative office. C. WHEREAS, Owner currently has no future plans for new or expanded use or development of the Property which will be in the City of Saratoga after the 2011 Annexation (approximately 119 acres — " Resulting Property" or "Property ") D. WHEREAS, annexation of the Annexation Property to the City in accordance with the teens of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning. E. WHEREAS, both Owner and City desire to restrict the use of the Resulting Property to agricultural, open space and uses compatible thereto; and F. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's respective responsibilities and understandings in pursuing and achieving annexation of the Annexation Property; hence, the Parties intend and agree that the annexation of the Annexation Property subject to the following specified agreements and conditions. GARROD TRUST PREANNEXATION AGREEMENT Page 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: Annexation: A Resolution Initiating Annexation having been approved by the City Council on November 17, 2010, Owner and City agree that for the purposes and goals and subject to the agreements and conditions set forth in the Recitals above, and in order to provide for rational long -term land use planning, the Annexation Property may be processed for filial annexation into the City. City agrees to take the steps necessary to achieve amiexation of the Annexation Property at the soonest reasonable opportunity, including referral of the matters in paragraph 2 below to staff and the Planning Commission to obtain recommendations thereon. Owner hereby consents to annexation of the Annexation Property and agrees to support said annexation. 2. Application and Approval for Development Agreement and Use Permit for Winery /Equestrian Facility. The Owner agrees to formally submit a proposal to the City which includes the following essential elements: a. Development Agreement and Conditional Use Permit. The Owner shall submit a complete Application and obtain City approval for a Development Agreement and Conditional Use Permit for the Winery/Equestrian Facility for the entire Proposal to be located on the Resulting Property; b. Determination of Conformity /Legal Nonconformity Status. The Owner shall submit a complete application and obtain City determination as to Conformity /Legal Nonconformity Status of all Uses and Structures on the resulting Property. C. Williamson Act Contract. The Owner shall submit a complete application and obtain City approval to rescind the Williamson Act Contract on the Annexation Property (68 acres) and the Principal Property (51 acres) and simultaneously re -enter a Williamson Act Contract covering the entire Resulting Property (approximately 119 acres) in substantially the form attached hereto as Exhibit C, which Williamson Act Contract shall include the Winery /Equestrian Facility and all other existing uses and structures as compatible uses; d. Agricultural Preserve /Open Space Overlay Zoning. Owner shall submit a complete application and obtain City approval to add Agricultural Preserve -Open Space ( "AP -OS ") overlay zoning to the Annexation Property (which overlay zoning already exists on the Principal Property currently in the City). 3. Final Annexation Process and Determination of Conformitv. The City staff and Planning Commission shall review the Proposal submitted under Paragraph 2 above and make recommendations to the City Council which shall take such action thereon; and such action as to final amlexation, as it deems to be in the best interests of the City. GARROD TRUST PREANNEXATION AGREEMENT Page 3 The City General Plan and Hillside Specific Plan establish goals and polices applicable to annexations which are relevant to the Garrod Trust integrated annexation package Application. General Plan ( "GP ") Policy LU 14.1 provides that: "Land shall not be annexed to Saratoga unless it ... is determined by the city that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. Similarly, Goal 5 of the Hillside Specific Plan ( "HSP ") is that "[d]evelopment and maintenance of public services shall minimize financial risks to the City and shall be equitable to all citizens of Saratoga." As part of the Final Annexation Approval, Garrod Trust hereby agrees to take all reasonable actions within its power and to endeavor to assure that the following benefits accrue to the City. With regard to minimized financial risk (HSP Goal 5), avoidance of disproportionate financial risk to the City will be accomplished by Garrod Trust providing reasonable stabilization services (such as clearing of minor slides and repair of culverts) for the annexation- related geological hazard risks to the City regarding Mt. Eden Road as identified by the Geotechnical Survey already conducted at the expense of the Garrod Trust. The County has also committed to provide some funding or services for repair and maintenance of Mt. Eden Road and Garrod Trust support the City in obtaining such funding or services. The County's road annexation policies include the agreement to resurface roads that are to be annexed from the County to another public agency. Instead of the County performing this road resurfacing work prior to the aulexation of approximately 2,075 feet of Mount Eden Road, the County has agreed to pay to the City $25,000 for the cost of resurfacing. In addition, the Geotechnical- Evaluation -of Road -wa -y- Conditions - identified -at least two -road- way -dr -ai -page facilities that require repair. The County has indicated that this work will be paid for by the County and performed by County roadway crews. The County has estimated that their costs to pay for the repairs would be approximately $40,000. HSP Goal 5 that the annexation be equitable to all citizens of Saratoga is supported by fact that the portion of the Property proposed to be annexed will bring with annually $750,000 to $1,000,000 in gross revenues, as estimated by Garrod Trust which hereby commits to use all reasonable efforts to continue to bring in such revenues or more. The City receives 1 cent of the 9.25 cents in sales tax collected on every taxable dollar — meaning the City would receive approximately $7,500 to $10,000 per year in additional revenues. This also supports the GP LU 14.1 determination that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. Analysis of whether this determination can be made is in the context of the fact that the public services which are provided by the City are already being provided to nearly half of the Garrod Trust Property. Since Saratoga is a "contract city" for most public services, the primary services for the Property to be annexed will remain essentially the same. Garrod Trust shall provide other benefits to the City and the public by providing public trail and restroom access. 4. Survival of Riahts and Obliaations. The rights and obligations of the Parties as set forth in this Abreement shall survive amexation of the Anmexation Property to the City. GARROD TRUST PREANNEXATION AGREEMENT Page 4 5. Termination of Agreement. Unless mutually extended in writing, this Agreement shall have no further force and effect and each Party shall be released from the obligations set forth herein in the event that annexation of the Annexation Property to the City has not become final (including an executed LAFCO Certificate of Completion) within twelve (12) months after the effective date of this Agreement. 6. Legal Action. Any party may, in addition to any other rights or remedies herein provided, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of the Parties hereto or obtain any other remedy consistent with this Agreement. In no event shall any party be entitled hereunder to monetary damages for any action or inaction of another party hereunder, including breach of contract. Nothing in this Section shall be deemed to limit any party's rights under the Tort Claims Act or the City's right to collect fees allowable and otherwise due and payable or to impose penalties for violations of City Ordinances. 7. Attorneys Fees and Costs. If legal action by any parry is brought because of a breach of this Agreement, or to enforce a provision of this Agreement, each party shall bear their own attorneys fees and costs. 8. Controlling Law. This Agreement shall be construed and enforced in accord with the laws of the State of California. 9. No Joint Venture or Partnership. The Parties hereby renounce the existence of any form of joint venture or partnership between any or all of the Parties and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making any or all of the Parties joint ventures or partners. Further, the Owner is not an agent of the City. 10. Agreement By Owner To Indemnify, Hold Harmless And Defend City As To Action(s) Challenaina Approval Of Annexation, This Preannexation Agreement And All City Actions Processed Prior To Or Concurrently With The Annexation. Owner hereby agrees to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers (collectively "City ") harmless from and against: any and all claims, actions or proceedings to attack, set aside, void or annul any action by City on the subject annexation of the Annexation Property, or any of the proceedings, acts or detenninations taken, done or made prior to or concurrently with said annexation: and Owner's obligations under subparagraph 10 above shall prevail over any other provision in this Preannexation Agreement. 11. Cooperation in the Event of Legal Challenge In the event of any administrative, legal or equitable action or other proceeding instituted by a third party, governmental agency or official challenging the validity of any provision of this Agreement or the annexation and related proceedings described herein, the Parties shall cooperate in defending the action or proceeding. GARROD TRUST PREANNEXATION AGREEMENT Page 5 12. Notices. All notices or conirnunications required hereunder between the Parties shall be in writing and may be given either personally, by overnight carrier, or by first class mail, addressed to the party intended to be notified. The notice shall be deemed to have been given and received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Post Office. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until duly changed as set forth above. City of Saratoga City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Copy to: Richard S. Taylor City Attorney City of Saratoga Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 13. Miscellaneous. Garrod Trust 22600 Mt. Eden Road Saratoga, CA 95070 Jan Garrod Office: (408) 867 -9527 a. Successor a71d Assigns. The covenants, terms, conditions and restrictions of this Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties hereto, including heirs, assigns, representatives, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts of the City or Owner. All such heirs, representatives, successors, executors, or assigns shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such heirs, representatives, successors, executors, or assigns acquire an interest in Owner's Properties or any thereof b. Parties in Interest. This Agreement is entered only for the benefit of the Parties executing this Agreement and not for the benefit of any other individual, entity or person. C. Amendment of Agreement. This Agreement may be amended in writing by mutual agreement of the original Parties or their successors in interest. GARROD TRUST PREANNEXATION AGREEMENT Page 6 d. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless the provision held invalid forms a material consideration of this Agreement. e. Change in Laiv. If a subsequent change occurs in federal or state laws or the regulations of a federal or state agency which prevents or precludes compliance with a provision of this Agreement, that provision shall be modified or suspended only to the extent necessary to comply with the federal or state law or regulation. f. Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building ordinance. g. Entire Agreement. This Agreement, and the conditions referred to herein, and the Exhibits attached hereto, constitute the entire understanding and agreement of the parties and supersede all negotiations or previous agreement of the parties with respect to all or part of the subject matter hereof.. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment to this Agreement. h. Captions. The captions in this Agreement have been inserted solely for convenience or reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: CITY OF SARATOGA, CALIFORNIA A Municipal Corporation Approved as to Form: By: Richard Taylor, City Attorney Dave Anderson; City Manager ATTEST: Ann Sullivan, City Clerk C Garrod Trust, Owner [Authorized Signature] GARROD TRUST PREANNEXATION AGREEMENT Page 7 EXHIBIT A Leeal Description of Annexation Property (Approximately 68 acres) GARROD TRUST PREANNIE ATION AGREEMENT IDI:�II: Legal Description of Property in City Prior to 2011 Annexation (Approximately 51 acres) GARROD TRUST °READ NEXATION AGREEMENIT EXHIBIT C Land Conservation (Williamson Act) Contract on Entire Resulting Property GARROD TRUST PREANNEXATION AGREEMENT