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HomeMy WebLinkAboutReso 070-83 FMap Tr4719 RESOLUTION NO. 70-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF FINAL MAP TRACT NO. 4719 WHEREAS, the Final Map of Tract No. 4719 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 Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developers agent, Larry Cy Lee has executed and filed with this City Council a contract to improve Tract No. 4719 in accordance with the Final Map of said Tract No. 4719, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a bank set-aside letter in the amount of ($4,277,913.00) which, by its terms, is made to inure to the City of Dublin, conditioned upon the performance of said contract; and NOW, THEREFORE, BE IT RESOLVED that said contract and security be and they are hereby approved, and the Mayor of this Council be and he is hereby authorized and directed to execute said Contract on behalf of the City of Dublin; and BE IT FURHTER RESOLVED that the Final Map of Tract No. 4719 be and the same is hereby approved; and that Stagecoach Road, Quartz Circle, Topaz Circle, Coral Way, Sapphire Street, Turquoise Street, Pearl Place, Onyx Place, Jade Circle and Agate Way as shown on said map, be and it is hereby accepted as a City Road, subject to improvement in accordance with the approved plans and specifications, in conformity with the terms of the Offer of Dedication; and that those strips of land designaged as "P.U.E." or "Public Utility Easement", "S.D.E." or "Storm Drain Easement", as offered for dedication to public use in conformity with the terms of dedication, be and they are hereby rejected; 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 12th day of December, 1983. AYES: NOES: ABSENT: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder None None Mayor CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this 12t__hday of December , 1983, by and between the City of Dublin, a municipal corporatidn, hereinafter referred to as "CITY", and Larry C. V. Lee, hereinafter referred to as "DEVELOPER". W I TNE S SETH 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 4719 in accordance with the requirements and conditions set forth within the City of Dublin (Alameda County Planning Commission Tract 4719, 1486th Zoning Unit) adopted on July 20,.1981 the requirements of the Subdivision Map Act or'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 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 a timely manner following the date on which City executes this Agreement. Developer shall complete said work not later than 18 months 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. Security Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a "Set Aside Letter" securing faithful performance and labor and materials. Such "Set Aside Letter" shall be in a form prescribed by City, and shall be issued by First Interstate Mortgage Corporation or such other major financial institution as may be approved by City. The "Set Aside Letter" shall become a part of this Agreement. The "Set Aside Letter" shall be conditioned upon the faithful performance of this Agreement and upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. The "Set Aside Letter" shall be in the form attached as Exhibit "A" and shall be in the sum of $4,277,913.00. 3. Insurance Required. Concurrently with the execution of this Agreement or prior to the commencement of any construction, Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Prior to the commencement of construction, 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 Liability 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. Page 1 ¢. Com~.rphensive Automobile Liability I~surance. 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 or 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 shall guarantee and maintain the work for a periodof one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this con~ract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 5. Inspection of the Work. Developer shall guarantee free access to City through its City Bnginee~ 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. A~reement Assignment. 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 ~he 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 matter 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 sb~l 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. Page 2 10. Patent and Copyright Costs. In the event that said plans and speci- fications 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 coumt costs, which may result from the use of said patented or copyrighted material, process or publication. 11. Alterations in Plans and Specific.ations. 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 financial institution from liability on any "Set Aside Letter" attached hereto and made a part hereof, and consent to make such altemations is hereby given, and the financial institutions hereby waive the p~ovisions of Section 2819 of the Civil Code of the State of California. a. DeveloperP~imari~y 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 opera- tions or execution of this Agreement. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent du~ing 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 financial institution under the "Set Aside Letter" shall be liable to the City for the corrective work required. c. Lit~$.ation Expens~.. 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 te~ms of this Agreement, and, in the event judgement is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. Mayor ATTEST: City Clerk Page 3