HomeMy WebLinkAbout4.5 Approve Parcel Map Villages IV and V • 600 -,30
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: June 27, 1988
SUBJECT: Approval of Parcel Map 5353
Villages IV and V of the Villages at Willow Creek
EXHIBITS ATTACHED: 1) Resolution: Acceptance of Parcel Map 5353
2) Location Map
3) Tract Developer Agreement
RECOMMENDATION: opt Resolution Accepting Parcel Map 5353 and
W thorize Mayor to execute agreement.
FINANCIAL STATEMENT: None at this time. Staff's time for processing and
inspection is being paid for by the developers.
DESCRIPTION:
Parcel Map 5353 subdivides Lot 146 of Tract 5511 into two parcels and a
new loop road (Fall Creek Road) . These lots are proposed to be developed as
Villages IV and V of the Villages at Willow Creek project.
Rafanelli and Nahas has provided a performance bond in the amount of
$671,300 and a payment bond in the amount of $335,650, along with liability
insurance certificates, as required.
The parkland dedication requirements have been met through the
dedication and development of Alamo Creek Park.
The developer has requested annexation into the Street Lighting and
Landscaping Maintenance Assessment District 1986-1 (Villages) . The annexation
will be done next June (1989) during the Assessment District hearing process.
The Parcel Map and improvement plans have been reviewed by Staff and
found to be in conformance with City standards, the Tentative Map, and
Planning Department Conditions of Approval.
Staff recommends that the City Council adopt the Resolution accepting
Parcel Map 5353 and authorize the Mayor to execute the agreement.
----------------------------------------------------------------------------
ITEM NO. COPIES TO.: Rafanelli & Nahas
Standard Pacific
J.L. Construction
RESOLUTION NO. -88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------
ACCEPTANCE OF PARCEL MAP 5353
WHEREAS, the Parcel Map No. 5353 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 and amended by the City of Dublin; and
WHEREAS, the Developers, Rafanelli and Nahas have executed and
filed with the City of Dublin a contract to make improvements within Parcel
Map No. 5353 in accordance with the Parcel Map 5353, the Improvement Plans and
the specifications attached thereto; and
WHEREAS, said Contract is secured by a bond in the amount of
$671,300 which, by its terms, is made to inure to the City of Dublin
conditioned upon the performance of said contracts; and
WHEREAS, said Contract is secured by a bond in the amount of
$335,600 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 contracts.
NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be
and they are hereby approved;
BE IT FURTHER RESOLVED that the Parcel Map 5353 be and the same is
hereby approved; and that Fall Creek Road as shown on said map be, and it is
hereby accepted as a public highway subject to improvement in the terms of the
offer of Dedication; 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 27th day of June, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
codl'n
Y -
BRA � �c-yf y
S SITE
God MEA
A 6A '.0
`�� %-% O
y-
141
v
J
�y a
OR -A
P L I etv
s8o .
VICINITY MAP
Z SHEET 5
SHEET 4
LU
i
EE
W FALL ti -
D
3 � � m+
o cn
INDEX MAP ��
Tq
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
FALL CREEK ROAD IMPROVEMENTS S
PARCEL MAP 5353
This Agreement is made and entered into this day
of --------------- , 1988 , by and between the City of Dublin, a
municipal corporation, hereinafter referred to as "CITY" , and
Rafarielli -and Nahas , hereinafter referred to as "DEVELOPER" .
W I T N E S S E T H
WHEREAS , the City Council of the City of Dublin, State of
California , and the Developer , as a subdivider , entered into a
Tract Developer Agreement for the Master Tract Improvements
within Tract 5511 on September 8 , 1986 ; and
WHEREAS , Developer intends for condominium purposes to
subdivide Lot 146 of said Tract 5511 into two parcels , and to
improve and dedicate Fall Creek Road in accordance with the
requirements and conditions set forth within the City of Dublin,
City Council Resolution 32-86 (PA85-041 . 1 and . 2 and Tentative
Tract 5511 ) adopted on March 24 , 1986 , and 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 parcel map and said
improvements approved by such 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 . Improvements Subject to this Agreement . The improvements
subject to this Agreement shall include construction of street
and drainage improvements within Fall Creek Road , landscaping on
Fall Creek Road , and construction of the soundwall and
landscaping on Dougherty Road from Willow Creek Drive to Fall
Creek Road , all of which shall constitute Fall Creek Road
Improvements .
Aq ,
;. 'J
2 . Separate Agreement . This Amendment shall form a separate
and complete agreement regading the improvements within Lot 146
and shall not serve to extend or otherwise modify obligations of
the Developer under the Master Tract Improvements Development
Agreement referred to above . The obligations under this
Amendment No . 1 are separately secured as provided herein and
shall not effect the release of security for the improvements
provided for in the Master Tract Agreement .
':-3'.' ' ' Comr)letion Time . Developer will complete 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 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 , including any
authorized modifications .
4 . Security Furnished . Concurrently with the execution of
this Agreement , Developer shall furnish City with bonds , or other
acceptable security, securing faithful performance and labor and
materials . Such bonds , or other security, shall be in a form
prescribed by City . The bond , or other security , shall become
a part of this Agreement .
a . Faithful Performance Bond. Developer shall furnish
the City with a bond conditioned upon the faithful performance of
this Agreement . Said bond to be in the penal sum of $_671 ,300
b . Labor and Materials Bond . Developer shall furnish
the City with a Bond conditioned upon payment for labor and
materials . Said bond to be in the penal sum of $_335..,6So
5 . 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 Comtiensation 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
comuensation 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 or severability of interests clause .
d . , Other Reauirements . 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.
6 . 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 . The amount of the
maintenance bond , following acceptance of the work , shall be
25% of the amount of the performance bond .
7 . Inspection of the Work . Developer shall guarantee free
access to City through its City Engineer and his designated
representative -f-or 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 .
8 . Agreement Assignment . This Agreement shall not be
assigned by Developer without the written consent of City.
9 . 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 .
10 . 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 .
11 . 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.
12 . 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 , shall accept the work and
notify Developer or his designated agents of such acceptance .
13 . Patent and Copyright Costs . In the event that said
plans and specifications 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.
,14 . 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 bonds 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 .
15 . 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 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 financial institution under the 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 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 in Dublin , California , the day and year
first above written.
CITY OF DUBLIN
�^ By • ------------------
ATTEST.:
C i t y C l e r k—r--__---
DEVELOPER
By • — --------------