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HomeMy WebLinkAboutItem 7.4 Approve Final Map Tr 4802 Ccritg of DUiV 1-11flf5D AGENDA STATEMENT Meeting Date: September 13, 1982 SUBJECT : Approval of Final Map for Tract 4802 EXHIBITS ATTACHED : Letter from Ron Sorensen dated September 7, 1982; Subdivision Contract; Two Resolutions RECOMMENDATION : 1 ) Adopt Resolution approving eAc- a) Subdivision Contract b) Final Map c) Directing the recording of final map 2) Adopt Resolution authorizing County Surveyor of Alameda County to accept deposit in lieu of park dedication for Tract 4082. FINANCIAL STATEMENT: Acceptance of the map will obligate the City to maintain public improvements in City streets within the tract in the future. DESCRIPTION : The final map for Tract 4802, a 90 unit subdivision being developed by Estate Homes of Northern California, has been reviewed by the City Engineer and found in conformance with the approved Tentative Tract Map. The City Council is required to approve the Final Map, if the map meets the conditions of Tentative Tract Map, the Subdivision Map Act and local subdivision regulations. In order to accomplish this, the City Council should adopt a resolution approving the Subdivision Contract and final map, and direct the recording of said map. With respect to the deposit in lieu of park dedication for Tract 4802 the Dublin San Ramon Services District plans on using these fees for capital improvements to Shannon Park. ITEM NO. . Copies To: Estate Homes 0 COUNTY OF ALAMEDA •, '�wi = PUBLIC WORKS AGENCY • t i's7 PUBLJC 399 Elmhurst Street • Hayward, CA 94544-1395 ORKS (415) 881-6470 9esources September 7, 1982 Mr. Richard C. Ambrose Tract 4802 City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: Enclosed are the original , cloth print and a paper print of the Final Tract Map for Tract 4802. The map has been signed by Mr. H. A. Flertzheim, Jr., as your City Engineer, and is ready for presentation to the City Council . Four copies of the contract and bonds are enclosed for execution by the Mayor and City Clerk. In addition, you will find draft copies of two Resolutions. One Resolution authorizes and directs the Mayor and City Clerk to execute the contract on behalf of the City in addition to authorizing and directing the City Clerk to complete the City Clerk' s certificate on the Final Map for Tract 4802 and to forward the Final Map along with the accompanying tax bond data to Transamerica Title Insurance Company for presentation to the Clerk of the Board of Supervisors for certification. The second Resolution authorizes the County Surveyor to accept a deposit of $35,940.00 for the in-lieu park dedication fee. The County currently has a check in that amount made payable to the Dublin San Ramon Services District. The check will be forwarded to the District when the Tract Map 4802 is recorded. After the Final Map has been signed by you as City Clerk, please give the original , the cloth and paper prints to the title company to be forwarded to the Clerk of the Board of Supervisors of the County of Alameda for tax certification. After the contract is fully executed, please return 3 copies, all bearing original signatures, to me for processing. One copy will be forwarded to the Developer, one copy to our field inspection crews and the other copy will be retained in the office files which will be returned to the City upon completion of the contract. If you have any questions, please contact me at 881-6476 at your convenience. I will plan on attending the City Council meeting of September 13, 1982 to answer any questions which may arise concerning Tract 4802. Very truly yours, RONALD F. SORENSEN CHIEF, ROAD DEPARTMENT By -•-s �-,�� RAYMOND F. BURNHAM R E C E 1 'I p D SUPERVISING CIVIL ENGINEER OPERATIONS, PLANNING & PROGRAMS S E P 71982 RFB:j p Enc. CITY OF DUBLIN DubWDB1 RESOLUTION NO. RESOLUTION APPROVING CONTRACT, FINAL MAP AND DIRECTING THE RECORDING OF FINAL MAP FOR TRACT 4802 WHEREAS, the Final Map of Tract No. 4802 in the incorporated territory of the City of Dublin, Township of Pleasanton, 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 Council of the City of Dublin; and WHEREAS, the Developer, Estate Homes of Northern California, Inc., has executed and filed with this City Council a contract to improve Tract 4802 in accordance with the Final Map of said Tract No. 4802, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a bond in the amount of One Million One Hundred Thousand Dollars ($1,100,000.00) which, by its terms, is made to inure to the City of Dublin, conditioned upon the performance of said contract; and WHEREAS, said contract is secured by a bond in the amount of Five Hundred Fifty Thousand Dollars ($550,000.00) which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen 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, and the Mayor and the City Clerk of the City of Dublin be and they are hereby authorized and directed to execute said contract on behalf of the City of Dublin; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4802 be and it is hereby approved; and that Southwick Drive, Bloomington Way, Norfolk Place, Royston Court, Becket Way, Bloomington Court, Waterford Court, Southwick Court and Vomac Road, as shown on said map, be and they are hereby accepted in conformance with the Offer of Dedication; subject to improvement in accordance with the approved plans and specifications, and that the five ( 5) foot wide parcel of land designated as "Lot A" offered in fee simple in the Offer of Dedication be and it is hereby accepted; and that those strips of land designated as "P.U.E." or "Public Utility Easement," "S.D.E." or "Storm Drain Easement," and "S.S.E." or "Sanitary Sewer Easement, as offered for dedication to public use, be and they are hereby rejected; and that the City Clerk of the City of Dublin, be and he is hereby authorized and directed to complete the City Clerk' s certificate and to transmit said map to Transamerica Title Insurance Company for presentation to the Clerk of the Board of Supervisors of the County of Alameda for tax certification and to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this day of , 1982, by the following vote: AYES: NOES: ABSENT: Peter W. Snyder, Mayor ATTEST: Richard C. Ambrose, City Clerk DubWD1A3 RESOLUTION NO. RESOLUTION TO AUTHORIZE THE COUNTY SURVEYOR OF ALAMEDA COUNTY TO ACCEPT DEPOSIT IN LIEU OF PARK DEDICATION FOR TRACT 4802 WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance of Alameda County, as adopted by the City Council of the City of Dublin, each sub- divider of land classified by the Alameda County Zoning Ordinance for 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 County of Alameda did determine in accordance with Section 8-7.1 of the aforesaid Subdivision Ordinance that a fee in lieu of land dedication for park and recreational facilities is to be paid, 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 County Surveyor of the County of Alameda as acting City Engineer for the City of Dublin is in receipt of a remittance amount as prescribed in accordance with Section 8-7.6 of the aforesaid Subdivision Ordinance, furnished by the tract developer and identified as follows: Tract: 4802 Subdivider: Estate Homes of Northern California, Inc. Amount: $35,940.00 Tentative planned use: Shannon Park, operated by Dublin San Ramon Services District, located at the corner of Shannon Avenue and San Ramon Road, Dublin. 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; and BE IT FURTHER RESOLVED, that the County Surveyor of the County of Alameda is hereby authorized and directed to convey said remittance to the aforesaid named park district upon approval of the final map for the aforesaid tract by the City Council of the City of Dublin. PASSED, APPROVED AND ADOPTED this day of , 1982, by the following vote: AYES: NOES: ABSENT: Peter W. Snyder, Mayor ATTEST: Richard C. Ambrose, City Clerk Dublin WD1A2 `^ ,, CONTRACT THIS AGREEMENT, made and entered into this 19th day of August , 1982, by and between the City of Dublin, acting by and through its City Council who are duly authorized, hereinafter designated as the First Party, and Estate Homes of Northern California, A California Corporation, 3001 S. Winchester Boulevard, Campbell , CA 95008, hereinafter designated as the Second Party, WITNESSETH: That whereas, it has been determined by the City Council of the City of Dublin, County of Alameda, State of California, that the Second Party; as a subdivider, be required to dedicate and improve Tract 4802, City of Dublin, Alameda County, in accordance with the Subdivision Map Act of the State of California and the Subdivision Ordinance of Alameda County, and in accordance with plans and specifications therefor accepted by the City Engineer, and duly approved by said City Council , now on file in the office of the City Clerk of said City of Dublin and the City Engineer, and which said plans and specifications are hereby referred to as a more definite and distinct description of the work to be performed under this contract, and which are made a part of this contract the same as though fully set forth herein; NOW, THEREFORE, in consideration of the premises and the further consideration of the acceptance of the offers of dedication by the City, the Second Party agrees to complete the work within the time hereinafter specified, which consideration is hereby deemed and declared to be in full for the performance of all acts and things to be done and performed by the Second Party. The Second Party, for himself, his heirs, executors, administrators, successors or assigns, hereby promises, covenants and agrees with the First Party that the Second Party will honestly and faithfully do and perform the work herein referred to and will furnish all the labor and mate- rial necessary therefor in strict accordance with the said plans and specifications and in strict accordance with the terms of this contract, and upon the completion of said work as provided for by the terms of this contract that the Second Party will deliver the work or building or structure to the First Party or its authorized agents. And the First Party, for and in consideration of the performance of all the acts and things to be done and performed by the Second Party as herein rvided, accepts the offers of dedication and the same are hereby expressly P rassle referred made a part of this contract. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. That the work provided for by this contract shall be actually commenced by the Second Party within 30 days from and after the execution of the same and shall be completed within 365 days from and after the execution of this contract, time being of the essence hereof. 2. That the First Party, or its regularly appointed agent or superintendent, shall , at all times during the progress of said work, have free access thereto, and shall be allowed to examine the same, and all the material to be used therein, and if the same or any part thereof shall not be in strict accordance with said plans and specifications herein referred to, it shall refuse to accept and shall reject said defective work and material . The whole of the work is to be done to the satisfaction and approval of the First Party, and its agents authorized to superintend the same, in strict accord- ance with the plans and specifications hereinabove referred to. 1 ■ 3. That the Second Party will secure the services of those skilled in the trade or calling necessary to perform the work agreed to and done under this contract, and that the First Party, not being skilled in such matters, relies upon the skill of the Second Party to have performed the work and labor necessary in the most skillful and durable manner, and the Second Party guarantees the same and agrees to maintain the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this contract, and the acceptance of the work does not operate as a release to said Second Party or his bondsmen from said guarantee. 4. That` the Second Party further agrees that if the work to be done under this contract shall be abandoned, or if this contract shall be assigned by the Second Party, or if at any time the agent authorized to superintend the work shall be of the opinion and shall so certify in writing to the First Party that the said work or any part thereof is unnecessarily or unreasonably delayed, or that the Second Party is willfully violating any of the conditions or covenants of this contract, or is executing this contract in bad faith, the First Party shall have the power to notify the Second Party to discontinue all work or any part thereof under this contract, and thereupon the Second Party shall cease to continue the work or such part thereof as the First Party may designate, and the First Party shall thereupon have the power to obtain by contract, purchase, rental or otherwise, the labor, equipment, and materials, it may deem necessary to complete the work, and to use such materials as may be found upon the line of said work. The Second Party and his sureties shall be liable for all expenses incurred by the First Party for the acquisition and use of such labor, equipment, and materials. 5. That upon notice of the completion of said work, the First Party, or its agents, shall proceed without delay to examine the same and if found to be in accordance with the aforesaid plans and specifications and this contract, shall accept the work and shall notify the Second Party thereto, or his agents, of such acceptance. 6. That the Second Party shall furnish and deliver to the First Party, upon the execution of this contract, a good and sufficient surety bond and undertaking issued by a company duly and regularly authorized to do a general surety business in the State of California in the penal sum of ONE MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,100,000.00) by its terms made to inure to the City of Dublin approved by the City Council of the First Party, conditioned for the faithful performance of this contract by the Second Party, according to the terms and provisions herein. 7. That the Second Party shall furnish and deliver to First Party upon the execution of this contract, a good and sufficient surety bond and undertaking issued by a company duly and regularly authorized to do a general surety business in the State of California, in the penal sum of FIVE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($550,000.00) by its terms made to inure to the benefit of laborers and materialmen upon such work and improvements, approved by the City Council of the First Party, conditioned upon the payment of such laborers and materialmen for labor or material performed or rendered under the terms and provisions herein, in accordance with any law of the State of California requiring the same and with Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. 8. That the Second Party agrees that at all times prior to the final accept- ance of the work by the First Party, the use of any or all streets and improvements hereinabove described shall be at the sole and exclusive risk of the Second Party. The issuance of any building or occupancy permit by the First Party 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. The Second Party agrees, and will hold harmless the First Party therefor, that the Building Official of the First Party may withhold the issuance of building or occupancy permits when the work or its progress may substantially and detrimentally affect public health and safety. 2 ..y 9. That the Second Party, its prime contractor, and all subcontractors per- forming the work or any portion thereof: (a) shall pay all workmen employed by them on said work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or corporations under similar employment, which salary or wage shall not be less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work, and which salary or wage shall be not less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the Department of Industrial Relations, State of California, and which is now on file with the Public Works Department and by reference incorporated herein, and made a part hereof; (b) agree and understand that eight hours labor shall constitute a day' s work for any one calendar day on said work, and that no workman employed by them on the work or any part thereof shall be required or permitted to work thereupon more than eight hours in any one calendar day, and forty hours in any one calendar week unless such work- man is compensated for all hours worked in excess of eight hours per day or forty hours per week at a rate not less than one and one-half (1-1/2) times his basic rate of pay; (c) shall keep an accurate record showing the names and actual hours worked of all workers employed by him on the said work, which record shall be open at all reasonable hours to the inspection of the First Party or its agents, and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents. 10. That the Second Party shall forfeit to the First Party as a penalty the sum of twenty-five dollars ($25.00): (a) for each workman on said work who is required or permitted to labor more than eight hours in any one calendar day or forty hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California; and (b) for each workman on said work employed for each calendar day, or portion thereof, who is paid less than the said stipulated rates for work done under this contract in violation of the provisions of Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. 11. That the Second Party shall , at its own expense before commencing work under this contract, take out and at all times during the prosecution of the work hereunder and until final completion and acceptance thereof, maintain in full force and effect compensation insurance with an insurance carrier satisfactory to the City Engineer, covering the full liability of the Second Party to any and all persons employed by the Second Party, directly or indirectly in or upon said work, or their dependents in accordance with the provisions of Division 4 of the If Labor Code of the State of California, and any Act or Acts amendatory thereof. the Second Party shall fail to take out and maintain said insurance as hereinabove provided, the same may be taken out, maintained, or renewed by the First Party at the cost and expense and in the name of the Second Party, and the Second Party and his sureties shall be liable for said cost and expense. 12. That the Second Party shall carry insurance at its sole cost and expense from the date of this contract to the date of acceptance of said tract by the First Party insuring the First Party and its officers, employees, and agents against loss or liability which may result from the performance of the work or any other obliga- tion to be performed under this contract, including all costs of defending any claim arising as a result thereof, in the minimum amounts of Five Hundred Thousand Dollars ($500,000.00) for the death or injury to any one person in any one incident or accident, One Million Dollars ($1,000,000.00) for the death or injury to more than one person in any one incident or accident, and One Hundred Thousand Dollars ($100,000.00) for damage to property in any one incident or accident. Prior to commencement of any work or other obligation pursuant to this contract, the Second Party shall furnish proof of carriage of such insurance by delivering to the First Party an insurance policy or policies, or copies of same or certificates attesting thereto, written by an insurer satisfactory to the City Engineer. Such insurance shall state by its terms or endorsement upon the policy or policies that: (1) it shall not be cancelled except on ten (10) days' prior notice in writing to the First Party; (2) it shall name the First Party and its officers and employees as additional insureds; and (3) it shall state that such coverage is primary to any other coverage of the First Party. 3 13. That the Second Party shall be held 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 contract, and for which the First Party might be held liable. The Second Party shall protect and indemnify the City of Dublin, the City Council , the City Engineer, and/or any officer, agent or employee of the First Party, 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 contract. That the Second Party shall be fully responsible for accidents to the public and/or damage to public and private property on and off the site of the work. That the Second Party shall provide and maintain such guards, fences, barriers, signs, red lights, watchmen and other safety devices adjacent to and on the site as may be necessary to prevent accidents to the public and damage to property. The Second Party shall furnish, place and maintain such lights as may be necessary for illuminating the said signs and fences. That at the end of the work all signs, lights, barriers, etc., except such permanent barriers as may be shown on the plans and included in the items of work, shall be removed from the site of the work by the Second Party and the entire site left clean and orderly. 14. That neither the First Party nor any of its officers, employees, or agents shall be liable to the second Party or its contractors or subcontractors or agents for any error or omission arising out of or in connection with any work or other obligation to be performed under this contract. Additionally, if any design defect in the work of improvements, which may substantially affect public health or safety, or unduly increases ongoing maintenance costs, manifests itself during the course of construction or within one year after acceptance of the improvements, the Second Party shall correct the defect at its own cost and expense, and its bondsmen guaran- tees the same, upon order of the City Engineer. 15. That if any material , composition, process, or any other thing as called for or required by the plans and specifications heretofore adopted by the First Party is covered by letters patent, all royalties and expenses therefor, all litigation therefrom, or other things whatsoever which may develop as a cost from the use of such material , composition, process or any other thing which is covered by letters patent, shall be borne by the Second Party. 16. That any alteration or alterations made in the plans and specifications which are a part of this contract or any provision of this contract 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. 17. That price and quality being equal , preference shall be given by the Second Party and his contractors to Alameda County products. 18. That in the event suit is brought upon this contract by the First Party and judgment is recovered by the First Party, the Second Party shall be liable to the First Party for court costs and for reasonable attorney' s fees. 19. This contract shall not be assigned by the Second Party without the written consent of the First Party. 20. That any action commenced in connection with any alleged violation of this contract shall be deemed to be an action upon a contract, obligation or liability founded upon an instrument in writing, for the purpose of determining the period within which an action must be commenced. Any action hereon shall be filed in a court of competent jurisdiction within Alameda County, as the proper place of venue, and the laws of the State of California shall govern the obligations of the parties hereto. 4 • • ' — 21. That the Second Party or his contractors will not discriminate in the employment of persons under this contract because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 1420 of the Labor Code. Any violation of the provisions of Section 1735 of the Labor Code by the Second Party will subject him to all the penalties provided by said Section 1735. IN WITNESS WHEREOF, the First Party has hereunto caused its corporate name to be signed and its corporate seal to be affixed by the City Clerk of the City of Dublin, County of Alameda, State of California, who is thereunto duly authorized, and the Second Party has executed this contract the day and year first above • written. ESTATE HOMES OF NORTHERN CALIFORNIA, INC.' A CALIFORNIA CORPORATION By rau. •"`ages:, esi.en . (All signatures must be notarized By_ (/ and properly acknowledged.) CITY OF DUBLIN By Mayor of the City of Dublin By City Clerk of the City of Dublin One (1) Officer Signing.for Corporation: STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss. On this 19th day of August , 19 82 , before me,. a Robert J. Ravizza • Public in and for the said County and State, residing therein, duly commissioned and sworn, per- sonally appeared Grant K. Hagestad , known to me to be the President of Estate Homes of Northern California, Inc. the corporation that executed the within and foregoing instrument and known to me to be the person who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the same and acknowledged toe that a atsuch corporation its of ratioxecute the within instrument pursuant to its by-laws Directors. In Witness Whereof, I have hereunto set my hand and affixed my ar in this Ce i. icate rst - ive written. Q.. OFFICIAL SEAL r/ 2 ; ROBERT J. RAVIZZA �1 for t ounty of ' ' Not•r Public "1n an.cJ �s� • NOl=�,t f r 1BLiC �A�1FGRraA (_ y Z' tAA1A Santa Clara , State of California 9 My Commission Expires Feb. 26, 1984 �F?iT9GT2GX?G?2fiGu7iG�b)vGX .•. 5 Dub2A1