HomeMy WebLinkAboutItem 3.5 Accept Final Map Tract 4719 D ( 0
CITY OF DUBLIN
AGENDA STATEMENT
MEETING DATE: December 12 , 1983
SUBJECT: APPROVAL OF FINAL MAP - TRACT 4719 .
EXHIBITS ATTACHED: Resolution - Acceptance of Final Map;
Resolution - Park Land Deposit; Tract Developer
Contract; Security in the form of a bank set-aside
letter; Reduced Copy of Final Map
RECOMMENDATION:_ Approve Resolutions Accepting Final Map Tract 4719
Accept a Deposit In Lieu of Land for Park Land
Dedication ( $40 , 545 )
FINANCIAL STATEMENT: None at this time .
Staff ' s time is being paid by developer for processing
and inspection. After acceptance of improvements,
City will take over maintenance of the public streets .
DESCRIPTION: Improvement plans and the Final Map for Tract 4719
have been reviewed and found to be in conformance with
the Tentative Map and conditions approved by Alameda
County (July 20 , 1981 - 150 single family homes )
A subdivision agreement and securities have been
submitted guaranteeing the construction of improvements
within the subject tract.
The maintenance of landscaping and open space is the
responsibility of the subdivider, which will pass onto
the Homeowners Association. The developer is proposing
to form an assessment district for the maintenance
along the public streets .
A petition has been filed for this district and will
appear on the Council ' s next agenda.
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ITEM NO �•`J COPIES TO: Developer
RESOLUTION NO.
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:
Mavor
ATTEST:
City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
-------------------------------------
ACCEPT DEPOSIT IN LIEU - TRACT No. 4719
WHEREAS, pursuant to Section 8-7 . 1 of the Subdivision Ordinance
of Alameda County, as adopted by the City of Dublin, each subdivider 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 Board of Supervisors 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;
WHEREAS, the City Engineer 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: 4719
Subdivider : Larry Cy Lee, et al
Amount: $40, 545
NOW, THEREFORE1 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 City Engineer of the said City
of Dublin is hereby authorized and directed to convey said remittance to the
Dublin San Ramon Services District upon approval of the Final Map for the
aforesaid tract by this City Council .
PASSED, APPROVED AND ADOPTED
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of , 1983,
by and between the City of Dublin, a municipal corporatidh, hereinafter referred
to as "CITY", and Larry C. V. Lee, hereinafter referred to as "DEVELOPER".
W I T N E S S E T H
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 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 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
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 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 period of one (1)
year following the completion and acceptance thereof against any defective workmanship
or defective materials furnished in the performance of this contract, 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 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. Agreement 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 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 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 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.
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 court costs, which may result from the use of said patented or copyrighted
material, process or publication.
11. 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 financial institution
from liability on any "Set Aside Letter" attached hereto and made a part hereof,
and consent to make such alterations is hereby given, and the financial institutions
hereby waive the provisions of Section 2819 of the Civil Code of the State of
California. .
12. Liability.
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 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 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 financial institution under
the "Set Aside Letter" 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 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.
CITY. OF DUBLIN
BY:
Mayor
ATTEST:
City Clerk
DEVELOP R
BY
r
Page 3
� First Interstate Mortgage Company
rY� Suite 2401
s One Embarcadero Center
^sca�i /nterte San Francisco, CA 94111
Mortgage 415 544-5900
A subsidiary of
First Interstate Bancorp
December 2 , 1983
Mr. Lee Thompson, City Engineer
City Of Dublin
Dublin, California
Gentlemen:
First Interstate Mortgage Company has agreed to provide a
land development loan in the sum of $6 , 000,000 to Larry C.Y.
Lee, as to an undivided 1/3 interest; Standard Nominees
Ltd. , a Hong Kong Corporation, as to an undivided 1/3
interest; and in Campion Investment Ltd. , a Liberian
corporation, as to an undivided 1/3 interest, for the
purpose of constructing improvements in that certain
subdivision entitled Tract 4719 , Dublin, California.
We hereby advise you that out of the loan proceeds the sum
of $4 , 277, 913 will be designated for construction of
subdivision improvements as required by Tract Developer
Agreement entered into between the City of Dublin,
hereinafter referred to as City and Larry C.Y. Lee, et al,
hereinafter referred to as Developer in accordance with said
agreement and that said sum will be advanced with said
agreement and that said sum will be advanced for the purpose
of paying bills for labor materials and construction costs
incurred in the construction of such subdivision
improvements. Other costs relating to the subdivision
financing and development which are included within the
First Interstate Mortgage Company loan are separately
accounted for , and no part of the aforesaid designated sum
will be used to pay such other financing and development
costs.
In the event that Developer fails to complete and/or pay for
the subdivision improvements or meet its obligations to
parties with which Developer has contracted to do the work
as required by City , all designated funds remaining shall
upon written demand by City to First Interstate Mortgage
Company be immediately available to City for the purpose of
completing and paying cost of said improvements. In such
event, Developer waives any claim or interest in the
remaining funds. City shall not be obligated to repay said
funds so used to First Interstate Mortgage Company provided
that upon completion and acceptance of said improvements
satisfactory to City First Interstate Mortgage Company shall
be entitled to receive any remaining funds which are not
City of Dublin
December 2 , 1983
Page 2
required for completing and paying the costs of said
improvements or repairs thereto that may be required during
the warranty period.
This is an irrevocable commitment of funds not subject to
recall or offset by First Interstate Mortgage Company
provided however First Interstate Mortgage Company reserves -
the right to require Developer to provide City with a labor
and materials and performance bond or bonds which conform to
the requirements of Sections 66499. 1 and 66499. 2 of the
Governmental Code of the State of California and in the
principal amounts required by the City. Upon delivery of
said bond or bonds by Developer to City the obligation of
First Interstate Mortgage Company shall immediately cease
and terminate.
If a stop notice is served upon City pursuant to Section
3103 of Government Code , First Interstate Mortgage Company
shall withhold loan funds to the extent required by such
stop notice relating to the subdivision improvements
mentioned above, or 'by the order of any court, tribunal or
other governmental authority. City shall promptly notify
First Interstate Mortgage Company of the filing of a stop
notice.
DATE: FIRST INTERSTATE MORTGAGE COMPANY
By: C,l-� V z�C- '..t=-2
Executive Vice President
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I� TRACT 4719
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CITY OF DUBLIN
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