HomeMy WebLinkAboutReso 134-08 Parcel Map 7893
RESOLUTION NO. 134 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING PARCEL MAP 7893
AND IMPROVEMENT AGREEMENT
WHEREAS, Parcel Map 7893, 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 provisions of the
Subdivision Map Act of the State of Cali fomi a and the City of Dublin Municipal Code; and
WHEREAS, the Developer, AvalonBay Communities, Inc., has executed and filed with the City
of Dublin an Improvement Agreement to complete required subdivision improvements in accordance with
the Conditions of Approval for the Tentative Map, and the improvement plans attached thereto; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by the Travelers
Casualty and Surety Company of America in the amount of $ 2,150,000.00 for the tract improvements
(Bond No. 105127410), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by the Travelers
Casualty and Surety Company of America in the amount of $ 2,150,000.00 for the tract improvements
(Bond No. 105127410), conditioned upon payment for labor performed or material furnished under the
terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement, hereto attached as Exhibit "A."
BE IT FURTHER RESOLVED that Parcel Map 7893 is hereby approved, and that rights to the
areas marked as DeMarcus Boulevard and Iron Horse Parkway, Public Utility Easement (PUE), Storm
Drain Easement (SDE), Sidewalk Easement (SWE) and Emergency Vehicle Access Easement (EV AE)
offered for dedication to public use in conformity with the terms of dedication be, and they are hereby
accepted, subject to improvement, and that the Landscape Easement, Traffic Signal Easement, and Public
Access Easement, as delineated on Sheet 3 of this Map and previously dedicated on Parcel Map 7395,
recorded October 31, 2000, in Book 254 of Maps, Pages 28-37, are hereby abandoned and vacated; the
Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing.
Reso No. 134-08, Adopted 7/15/08, Item 4.15
Page 1 of2
PASSED, APPROVED AND ADOPTED this 15th day of July, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Sbranti, and Scholz and Mayor Lockhart
NOES: None
ABSENT: Councilmember Oravetz
ABSTAIN: None
AT~{IW
Deputy City Clerk
Reso No. 134-08, Adopted 7/15/08, Item 4.15
Page 2 of2
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
PARCEL MAP 7893
This agreement is made and entered into this 15th day of July, 2008, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and the
Alameda County Surplus Property Authority, a Public Corporation, and AVALONBAY
COMMUNITIES, INC., a Maryland corporation, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER, desires to improve and dedicate those public improvements
(hereafter "The Improvements") required for Parcel Map 7893 by Planning Commission
Resolution No. 06-11 adopted on October 27,2006 in accordance with the requirements and
conditions set forth in said resolution, the requirements of the Subdivision Map Act of the
State of California, the Subdivision Ordinance of the CITY, and those certain plans for said
development entitled Parcel Map 7893 Street Improvement Plans for Portions of Dublin Blvd.,
DeMarcus Blvd. and Iron Horse Pkwy prepared by BKF Engineers/Surveyors/ Planners, with
Smith+Smith Landscape Architects, Gates & Associates Landscape Architects and Giacalone
Design Services and now on file in the office of the 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;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete
said work not later than one year 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 of The Improvements, including any authorized
modifications.
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coveraqes.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
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5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in workmanship and materials
actually appear during the one-year guarantee period, and have been corrected, the
guarantee period for the defected items shall automatically be extended for an additional year
from the date of the completion of the repair to insure that such defects have actually been
corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
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.
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400 Race Street, Suite 200
San Jose, CA 95126
and
Pat Cashman
Surplus Property Authority of the County of Alameda
224 W. Winton Avenue, Room 110
Hayward, CA 94544-1215
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Travelers Casualty and Surety Company of America
Mark W. Edwards II
135 N. Los Robles Avenue
Pasadena, CA 91101
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
9. 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.
10. 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.
11. 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 DEVELOPER, 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, and upon submittal of a warranty bond
in the amount of 25% of the estimated cost of The Improvements, shall recommend
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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.
4) Litioation 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. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
15. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
By:
AVALON ~OMMUNITIES, INC.
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ATTEST:
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Ca.rotiMe p. St,fo ,City Clerk, Depllfy
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SURPLUS PROPERTY AUTHORITY OF
ALAMENDA COUNTY
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