HomeMy WebLinkAboutItem 4.03 ApprFinalMap Glifden Park
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CITY CLERK
File # D~[l][Q]-(1][Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 16,1999
SUBJECT:
Approval of Final Map for Tract 7067, Clifden Park (Gleason 17-Lot
Subdivision)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS
1)
2)
3)
4)
Resolution Approving Tract Map 7067
Resolution Accepting Parkland In Lieu Fee
Reduced Copy of Tract Map 7067
Tract Developer Agreement
RECOMMENDA nON: ~AdoPt resolutions approving Final Map for Tract 7067 and accepting
the parkland in lieu fee.
FINANCIAL STATEMENT:
The developer is providing performance and labor and materials
bonds to guarantee construction of the street, grading, and utility
improvements and will pay the cost of construction inspection. Once
the improvements have been constructed and accepted, the City will
incur maintenance costs for the City-maintained improvements.
In addition, the developer is contributing a parkland in-lieu fee in the
amount of$35,035.
DESCRIPTION: Tract 7067 Clifden Park also known as the Gleason 17-lot
,
subdivision, is located westerly of the Hansen Hill subdivision, above Inspiration Circle. The developer is
The DeSilva Group, and the homes will be constructed by Taylor Woodrow Homes.
The improvement plans and Tract Map have been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval. All of the required fees, bonds, and insurance certificates have
been submitted.
The $35,035 parkland in-lieu fee is identified for use on the Dublin Sports Grounds renovation.
Staff recommends that the City Council adopt the resolutions approving the Final Map for Tract 7067 and
accepting the parkland in-lieu fee.
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COPIES TO: The DeSilva Group; Taylor Woodrow Homes
ITEM NO.~
RESOLUTION NO. - 99
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FINAL MAP FOR TRACT 7067
(CLIFDEN PARK)
\VlffiREAS, Tract Map 7067, in the incorporated territory of the City of Dublin, State of California,
has been presented to this City Council for approval, all. in accordance with the provisions of the Subdivision
Map Act of the State of California and the City of Dublin Municipal Code; and
\VlffiREAS, the Developer, The DeSilva Group, has executed and filed with the City of Dublin a
contract to improve Tract No. 7067 in accordance with the Final Map of said Tract No. 7067, the Tract
improvement plans, and the specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the amount of $200,000 conditioned upon faithful
performance of said contract; and
WHEREAS, said contract is secured by a bond in the amount of$100,000 for the benefit of laborers
and materialmen upon the work and improvements, conditioned upon payment for labor performed and
material furnished under the terms of said contract. and
,
WHEREAS, certain public improvements within Tract Map 7076 are offered for dedication to the
. public;
NOW, THEREFORE, BE IT RESOL \lED that Tract Map 7067 be and the same is hereby approved;
and that rights to areas marked as the following streets: Mountain Rise Place, Clifden Court, and Galway
Court within the boundary of the embodied Tract Map, and those strips ofland marked as Public Service
Easement (P.S.E.), Storm Drain Easement (S.D.E.), and Emergency Vehicle Access Easement (E.VA.E), as
offered for dedication to public use in conformity with the terms of dedication be, and they are hereby
accepted; and that the Clerk of this City Council be and is hereby directed to transmit said Map to the County
Recorder for filing.
PASSED, APPROVED AND ADOPTED this 16th day of March, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
.ATTEST:
Mayor
City Clerk
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RESOLUTION NO. - 99
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEES FOR FINAL TRACT MAP 7067
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City
of Dublin, and City of Dublin Municipal Code 9.28.020, each residential use shall as a condition to the
approval of a Final Subdivision Map, dedicate' or reserve lands, pay fees in lieu thereof, or a combination
of both, for park and/or recreational purposes; and
WHEREAS, in its action on the Tentative Map of the subject Tract, the Planning Commission of
the City of Dublin did determine in accordance with Section 8-7.1 of the aforesaid Subdivision Ordinance
that a fee in lieu ofland dedication for park and recreational facilities is to be paid, and said fee to be used
for the development of park and recreational facilities within a period of five years from the date of
adoption of this resolution to serve the residents of the subject tract; and
WHEREAS, the Developer has paid to the City a remittance amount as prescribed in accordance
with Section 8-7.6 of aforesaid Subdivision Ordinance 1-91; furnished by the Tract Developer and
identified as follows:
Tract:
Subdivider:
Amount:
7067
The DeSilva Group
$ 35,035
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The proposed In Lieu Fee is to be used for the Dublin Sports Grounds Renovation.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as
performance of said subdivider's obligation under Section 8-7.1 et seq. of the aforesaid Subdivision
Ordinance 97-1.
PASSED, APPROVED AND ADOPTED this 16th day of March, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
.
City Clerk
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BEING A SUBDNISION OF LOT 1OBA. AS SHOWN ON
LOT LINE ADJUSTMENT 99-01, RECORDED MARCH_,
1999 AS RECORDER'S SERIES NO. 99- . OF
OFFICIAL RECORDS OF ALAMEDA COUNTY.
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
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This agreement is made and entered into this 16th day of March, 1999, by and between
the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and The DeSilva
Group, hereinafter referred to as "DEVELOPER".
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 7067 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 79-10 adopted on June 25, 1990; the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of
Dublin; and those certain plans and specifications for said development approved by said City
Council, and now on file in the office of the Public Works Director/City Engineer, which are
hereby referred to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required improvement .
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said improvement(s) in consideration for Developer's satisfactory performance of
the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promIses, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time. Developer will commence the work required by this Agreement
within thirty (30) days following the date on which City executes this Agreement. Developer
shall complete said work not later than three hundred sixty-five (365) days following said date
of execution. Time is of the essence in this Agreement. Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans, including any
authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
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a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $200,000.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $100,000.
3. Insurance Required. Concurrently with the execution of this Agreement, Developer
shall furnish City with evidence of insurance coverage as specified below.
a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance. with the provisions of Division IV of the
Labor Code of the State of California, and an employer's liability insurance coverage with a
limit of not less than $100,000 per occurrence to cover any claims arising from employment
not covered by worker's compensation laws.
b. Comprehensive General Liabilitv Insurance. Minimum limits of liability
shall not be less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; any deductible provision shall not exceed $1,000 per claim, and
each and every policy must contain a cross liability or severability of interests clause.
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c. Comprehensive Automobile Liabilitv Insurance. Minimum limits of liability
shall be not less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; coverage shall include owned, non-owned, and hired vehicles,
and each and every policy must contain a cross liability of severability of interests clause.
d. Other Requirements. All insurance policies shall be issued by a company
legally licensed to transact business in the State of California, shall be issued at Developer's
own cost and expense, shall be maintained by Developer in full force and effect during the life
of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written notice of cancellation or reduction in coverage shall be
furnished the City (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of
those skilled in the trade, profession, or calling necessary to perform the work to be
accomplished under the terms of this contract, and shall guarantee and maintain the work for
a period of one (1) year following the, completion and acceptance thereof against any
defective workmanship or defective materials furnished in the performance of this Agreement,
. and any acceptance of the work by City will not operate as a release to Developer or
Developer's bondsmen from the aforesaid guarantee.
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5. Inspection of the Work. Developer shall guarantee free access to City through .
its Public Works Director/City Engineer and his designated representative for the safe and
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materials and workmanship which are not in accordance with
the plans and specifications, and all such materials and or work shall be removed promptly by
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications.
6. Aoreement Assianment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement is abandoned,
or if this Agreement is assigned by Developer without written consent of City, or if City through
its City Engineer determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully violating any of the conditions or
covenants of this Agreement or is executing this Agreement in bad faith, the City shall have
the authority to order Developer to discontinue all work or any part thereof under this
Agreement, and Developer shall cease to continue the work or such part thereof as City may
designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental
or otherwise, all labor, equipment, and materials deemed necessary to complete the work and
to use such materials as may be found upon the line of such work. Developer and his sureties
shall be liable for all expenses incurred by City for the acquisition and use of such labor, .
equipment, and materials.
8. Use of Streets or Improvements. At all times prior to the final acceptance of the
work by City, the use of any or all streets and improvements within the work to be performed
under this Agreement shall be at the sole and exclusive risk of Developer. The issuance" of
any building or occupancy permit by City for dwellings located within the tract shall not be
construed in any manner to constitute a partial or final acceptance or approval of any or all
such improvements by City. Developer agrees that City's Building Official may withhold the
issuance of building or occupancy permits when the work or its progress may substantially
and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on
the tract site as may be necessary to prevent accidents to the public and damage to the
property. Developer shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and
other safety devices (except such safety items as may be shown on the plans and included in
the items of work) shall be removed from site of the work by the Developer, and the entire site
left clean and orderly.
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10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of
a set of final as-built plans to City by Developers, City, through its City Engineer or his
designated representative, shall examine the tract work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall accept the work and
notify Developer or his designated agents of such acceptance.
11. Patent and Copyriqht Costs. In the event that said plans and specifications require the
use of any material, process or publication which is subject to a duly registered patent or
copyright, Developer shall be liable for, and shall indemnify City from any fees, costs or
litigation expenses, including attorneys' fees and court costs, which may result from the use of
said patented or copyrighted material, process or publication.
12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans
and specifications which are a part of this Agreement or any provision of this Agreement shall
not operate to release any surety or sureties from liability on any bond or bonds ~ttached
hereto and made a part hereof, and consent to make such alterations is hereby given, and the
sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the
State of California.
13. Liability.
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a. Developer Primarily Liable. Developer shall be responsible for any and all
loss, accident, neglect, injury or damage to person, life or property which may be the result of
or may be caused by construction, operations, or execution of this Agreement, and for which
City might be held liable. Developer shall protect and indemnify the City of Dublin, the City
Council, the City Engineer and/or any officer, agent or. employee of the City, and save them
harmless in every way from all suits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any way because of construction operations or
execution of this Agreement.
b. Desiqn Defect. If, in the opinion of the City, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1) .year
fOllowing acceptance by the City of the improvements, and said design defect, in the opinion
of the City, may substantially impair the public health and safety, Developer shall, upon order
by the City, correct said design defect at his sole cost and expense, and the sureties under
the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the
corrective work required.
c. Litiqation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in dUPlicate.
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER
By ~ A-1+Jv.e
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Ernest Lampkin
Type or Print Name
Vice-President
Title
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