HomeMy WebLinkAboutItem 4.02 PM7287 AutoNat/ExtSty ._ CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 6, '1999
SUBJECT: Approval of Parcel Map 7287 (AutoNation / Extended Stay)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution approving Parcel Map 7287
2) Tract Developer Agreement
3) Reduced copy of Parcel Map
RECOMMENDATION: ~ Adopt resolution
FINANCIAL STATEMENT: The developer Will-Provide performance and payment bonds
guaranteeing Construction of public improvements. This Parcel Map
includes a small strip of public right of way on Dublin Boulevard
which will incur maintenance costs following acceptance of
improvements.
DESCRIPTION: Parcel Map 7287 is a resubdivision of a portion of Parcel 2 of Parcel
Map 6879, which is the AutoNation property. The developer for work to be completed under this
agreement is Extended Stay California, Inc.
Dedications offered on this Parcel Map include a three-foot strip of public right of way along the
southerly edge of Dublin Boulevard, as well as several Emergency Vehicle Access Easements CEVAE)
and Public Service Easements (PSE).
Extended Stay is providing a performance bond in the amount of $230,000 and a payment bond in the
amount of $165,000 to guarantee construction of these improvements.
Staff. recommends that the City coUncil adopt the resolution approving Parcel Map 7287 and authorizing
the Mayor to execute the Tract Developer Agreement.
COPIES TO: Extended Stay california, Inc.
ITEM NO. 4-~
g:\develop\extstaykagst7287 ~
RESOLUTION NO. -' 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING
PARCEL MAP 7287
(AutoNation/Extended Stay Site)
WHEREAS, Parcel Map 7287, 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
WHEREAS, the Developer, First Security Bank., has executed and filed with the City ofDublin a
contract to improve proposed public improvements within Parcel Map 7287 in accordance with the
"improvement plans of Parcel Map 7287, and the improvement plans and specifications attached thereto; and
WHEREAS, said contract is secured by bonds in the amount of $230,000 for improvements,
conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by bonds in the amount of $165,000 for improvements for the
benefit of laborers and materialmen upon the work and improvements, conditioned upon payment for labor
performed or material furnished under the terms of said contract.
NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that Parcel Map 7287 be, and the same is hereby approved; and that
rights to Dublin Boulevard, and those strips of land marked as Public Service Easement (P.S.E) and
Emergency Vehicle Access Easement (E.V.A.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 t° the County Recoi'der for filing.
PASSED, APPROVED AND ADOPTED this 6th day of July, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: . ·
City Clerk g:~lev¢lopXeXtstayXreso7287
ClTY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made~' ~nd entered into this'- day of , 1999, by and
between the City of Dublin; a municipal corporation, hereinafter referred to as."CITY", and
Extended Stay America, 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 Parcel Map
7287 ih~'~Ccordan6e'with the requirements'and 60nditions set forth'" within the City of Dublin
Planning Commission Resolution No. 03-99 adopted on April 21; 1999; 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 ihe required improvement
~" within the time hereinafter specified,, .. and _City intends to accept, Develope~s offer(s) of
~:" dedication .o'f said improvement(s) in consideration for Deveioper'.S satisfactory performance of
~' the terms and conditions of this Agreement:. · .
NOW, THEREFORE, in consideration 'of the 'mutual promisesl "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 cor~duct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
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 $ 230,000.00.
Page 1
· . '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, P'art 4, Division 3of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $185,000.00.
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 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.
c. Comprehensive Automobile Liability 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 ReoUirements. Ali 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.
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works DirectodCity Engineer and his designated representative for the safe and
Page 2
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materia!s 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 witho'ut any expense to City in strict
accordance with the improvement plans and specifications.
6. Agreement Assiqnment. 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 Drder 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 ali 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, ali 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.
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
Pa~e 3
accordance with said plans and specifications and this Agreement, shall accept the' work and
notify Developer or his designated agents of such acceptance.
1i. Patent and Copyright Costs. In the event that said plans and specifications require the
use of any material, Process ,qr publication which is subject to a duly registered patent or
copyright, DeVel0Pe~ 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 attached
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.
a. Developer Primarily Liable. Developer shall be responsible for any and ali
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. Design 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. Litigation 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.
IN WITNESS WHEREOF, the parties hereto have executed this'Agreement in duplicate
at Dublin, California, the day and year first above Wdtten.
Page 4
City Clerk .~; ' :~*' -
DEVELOPER . ~ :~,'..,,
Gregory R, Moxley
Vice President- Finance
Title
Page
CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA ,,
CITY OF
SAN RAMON
CAMP PARKS
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CI~Y OF
DUBLIN PROJECT
SITE
CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA
HACIENDA DRIVE
~ ~i"' PARCEL 6
PARCI:.L ¢ '~',,,--~ PARCEL MAI:' 7223
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LEGEND
3' DEDICATION
TO CITY OF DUBLIN
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.... PROPERTY LINE
PROPOSED LOT LINE
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