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HomeMy WebLinkAboutItem 4.08 Accept Final Map Village III CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 26, 1990 SUBJECT: Acceptance of Final Map, Tract 6258 Park Wood Circle (Village III) - Rafanelli & Nahas Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution Accepting Final Map 2) Tract Developer Contract 3) Letters of Credit in Lieu of Bonds 4) Location Map RECOMMENDATION: Adopt Resolution Accepting Final Map for Tract 6258 and authorizing Mayor to execute agreement. FINANCIAL STATEMENT: Staff's time for processing and inspection of the subdivision is being paid for by the developers. DESCRIPTION: Tract 6258, "Park Wood Circle" (Village III of the Villages at Willow Creek) is a 216-unit condominium development located at Dougherty Road and Wildwood Road. The developer of the project is Rafanelli and Nahas. This is the last "Village" to be developed. This subdivision is a one-lot Tract subdivided for condominium purposes. All of the utility, landscape maintenance, and emergency vehicle access easements are indicated on the plan and offered for dedication. There are no public streets within this Tract. Staff has reviewed the Final Map and Improvement Plans for Tract 6258 and found them to be in accordance with the Tentative Map for Tract 5511. The developer has submitted letters of credit in lieu of bonds and an insurance certificate. Staff recommends that the City Council adopt the Resolution accepting the Final Map for Tract 6258. ---------------------------------------------------------------------------- ITEM NO. COPIES TO: Rafanelli & Nahas RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- ACCEPTANCE OF FINAL MAP TRACT NO. 6258 WHEREAS, the Final Map of Tract No. 6258 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 Developer, Rafanelli and Nahas, has executed and filed with the City of Dublin contracts to improve Tract No. 6258 in accordance with the Final Map of said Tract No. 6258, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by a letter of credit in the amount of $294,100, 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 $147,050, 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 Final Map of Tract No. 6258 be and the same is hereby approved; and that those strips of land designated as "P.S.E. " or "Public Service Easement," "L.M.E." or "Landscape Maintenance Easement," and "E.V.A.E. " or "Emergency Vehicle Access Easement, " 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 to the County'Recorder for filing. PASSED, APPROVED, AND ADOPTED this 26th day of March, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 111 x, z RIP lCf�_ 11 l i n C-,A! a_•._ _n.:11}74.a..,!4..i.i,J%,,.1::•x......:......4.f.... •.,:L.Sa.«......:_'1:..i::aa+�vs/.'..L..aAJ'ti.:+%: /Wr:45fY..3.+Maa].y:i.'Lk..,..L+...3.ra.aM, ul..:h, LY.4.:...u.. `,R-+l.L..... :.1.r ancYCn.1.4ib.'b°AU.'+.I[lflt'WY.E:iTalf..a:°r3c1ii51.L"1.:LCI?ilisJntL�,aW.e. si...+/_MLka. CITY OF DUBLIN TRACT DEVELOPER AGREEMENT TRACT 6258, LOT 148 (a portion of Master Tract 5511) VILLAGE III IMPROVEMENTS (Park Wood Circle) This Agreement is made and entered into this day`.of , 1990, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Rafanelli 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 to construct upon Tract 6258 a condominium project as provided for in the map for Tract 5511 and to improve certain Tract 6258 improvements in keeping 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 in accordance with those certain plans and specifications for said Tract 6258 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 offer for dedication storm drainage facilities, public service easements, emergency vehicle access easements and landscape maintenance easements within said Tract 6258 ; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept some and reject other of the 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 all mass grading within Tract 6258, construction of storm drainage facilities and street improvements within Park Wood Circle. 2 . Completion 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. 3 . 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 $ 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 $_ 14-71050 . 4 . 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. 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. 5. 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. 6. 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. 7 . Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. 8 . 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 ..r:...i..a,.......w.u..e,.cnavauuU:r_ra.u:.ci.;.r._>..,,...r. ,a.w... s....e.,..,,a:..r...a..,.++.w.w.... .,.,........... «r,.....w....,...,..-....-...:...«....,., a....,...,.....,... .......-................«.,._........... ............. ........_,................. .... incurred by City for the acquisition and use of such labor, equipment and materials. 9. 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. 10. 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. 11. 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. 12 . 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. 13 . 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. 14 . 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: City Clerk DEVELOPER RAFANELLI AND NAHAS By: / `��� ��'lJ llll�C�����I'a ��M�J(_����� 1Y �����,����1.1, �_ ��� C'/ st Interstate Bank bi Rmt -i California In Division kF lrdembde Box 54191 Z Bank Los Angeles,California 90054 , Cable Address: FICALBANK Telex No.674421 OUR NUMBER: 57000690 IRREVOCABLE STANDBY LETTER OF CREDIT PLACE AND DATE OF ISSUE: 345 CALIFORNIA STREET, 7TH FLOOR SAN FRANCISCO, CALIFORNIA 9.4104 DATE AND PLACE OF EXPIRY: MARCH 15, 1990 1SMAR91 AT ISSUING BANK APPLICANT: BENEFICIARY: RAFANELLI & NAHAS CITY OF DUBLIN 20211 PATIO DRIVE SUITE 215 100 CIVIC PLAZA, CASTRO VALLEY, CA. 94546 DUBLIN, CA 94563 AMOUNT: USD *********294, 100.00 TWO HUNDRED NINETY FOUR THOUSAND ONE HUNDRED AND 00/100 USI) THIS LETTER OF CREDIT IS AVAILABLE WITH' FIRST INTERSTATE BANK OF CALIFORNIA, SAN FRANCISCO, CALIFORNIA BY PAYMENT AGAINST PRESENTATION OF THE F70LLOWING DOCUMENTS: i) BENEFICIARY'S DRAFT(S) DRAWN AT SIGHT ON US AND MARKED: "DRAWN UNDER FIRST INTERSTATE BANK OF CALIFORNIA, SAN FRANCISCO, CALIFORNIA LETTER OF CREDIT NUMBER 57000690" 2) BENEFICIARY'S SIGNED AND DATED STATEMENT THAT RAFANELLI AND NAHAS HAS NOT FAITHFULLY PERFORMED ITS OBLIGATIONS TO CONSTRUCT STREET AND STORM DRAIN IMPROVEMENTS PURSUANT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 6258, PARK WOOD. 3) THE ORIGINAL OF THIS LETTER OF CREDIT AND ITS AMENDMENTS, IF ANY, 3, WE HEREBY ISSUE THIS STANDBY LETTER OF CREDIT IN YOUR FAVOR. 11' IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION, INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE, PUBLICATION N0.400) AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF wl N Im JIMMY BERT A. 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