HomeMy WebLinkAboutItem 4.04 Approval Final Map Tract 5616 CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: February 24, 1992
SUBJECT: Approval of Final Map, Tract 5616
Brighton Meadows
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) Resolution Approving Final Map
2) Resolution Accepting Parkland In-Lieu Fees
3) Tract Developer Agreement
4) Letter of Credit
5) Location Map
RECOMMENDATION: U Adopt resolutions
FINANCIAL STATEMENT: Parkland In-Lieu Fee submitted: $134,489.
Inspection costs are paid by the developer. The
streets in this Tract will be a public streets, and
the City will ultimately incur maintenance and street
sweeping costs.
DESCRIPTION: Brighton Meadows, formerly the "Fallon School Site, "
is a 17-lot subdivision located on Brighton Drive adjacent to Kolb Park.
Improvement plans and the Final Map for this Tract have been reviewed and found to
be in conformance with the Tentative Map and Conditions approved by the City on
September 15, 1986 and Tentative Map Extension approved on April 3, 1989.
A subdivision agreement, letter of credit in lieu of performance and payment bonds,
and inspection fees guaranteeing construction of improvements within the subject
Tract have been submitted by the developer, Brighton Meadows 89. The developer has
also submitted Parkland In-Lieu Fees in the amount of $134,489.
Staff recommends that the City Council adopt the resolutions approving the Final Map
and accepting the Parkland In-Lieu Fees.
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ITEM NO. COPIES TO: Leonard Hufton, Pan-Cal
CITY CLERK
FILE 141 /
RESOLUTION NO. -92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP
TRACT 5616 BRIGHTON MEADOWS
WHEREAS, the Final Map for Tract No. 5616, 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, Brighton Meadows 89, has executed and filed with the
City of Dublin a contract to improve Tract No. 5616 in accordance with the Final Map of
said Tract No. 5616, the Tract Improvement Plans, and the specifications attached thereto;
and
WHEREAS, said contract is secured by an Irrevocable Letter of Credit in the
aggregate amount of $429,000; said amount guaranteeing the following:
$286,000 for the City of Dublin, conditioned upon faithful performance of said
contract.
$143,000 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 Letter of Credit be and
they are hereby approved;
BE IT FURTHER RESOLVED that the Final Map of Tract No. 5616 be and the same is
hereby approved; and that Brighton Place and Brighton Court, as offered for dedication to
public use in conformity with the terms of dedication be, and they are hereby accepted as
City Streets, and that those strips of land designated as "P.U.E. " or "Public Utility
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 24th day of February, 1992.
AYES: '
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. -92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARKLAND IN-LIEU FEE
TRACT 5616 BRIGHTON MEADOWS
WHEREAS, pursuant to Chapter 9.28 of the City of Dublin Municipal Code,
each subdivider of land classified by the City of Dublin Zoning Ordinance for
residential use shall, as a Condition of Approval for 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 City of Dublin did determine in accordance with Chapter
9.28 of the aforesaid Municipal Code 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 City Engineer is in receipt of a remittance amount as
prescribed in accordance with Chapter 9.28 of the Municipal Code, furnished by the
Tract Developer, and described as follows:
Tract: 5616
Subdivider: Brighton Meadows 89
Amount: $134,489
Tentative Planned Use: Park and recreation facilities which
benefit residents of Tract 5616
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby
accepted as performance of said Subdivider's obligation under Chapter 9.28 of the
aforesaid Municipal Code.
PASSED, APPROVED, AND ADOPTED this 24th day of February, 1992.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of j 1992, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as
"CITY" , and Brighton Meadows 89, a California Limited Partnership, 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 5616 in accordance with the requirements and conditions set forth
within the City of Dublin Planning Commission Resolution Nos. . 86-053 adopted on
September 15, 1986 and 89-014 adopted on April 03, 1989; 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 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 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. Letter of Credit Furnished. Concurrently with the execution of this
Agreement, Developer shall furnish City with a Letter of Credit in lieu of a
Faithful Performance Bond and a Labor and Materials Bond. The Letter of Credit
shall be in a form prescribed by City, and shall be issued by a company duly and
legally licensed to conduct business in the State of California. The Letter of
Credit shall become a part of this Agreement.
Developer and the City agree that the Developer shall deposit with City an
irrevocable Letter of Credit in the aggregate amount of $429,000. Said Letter of
Credit shall be in lieu of Faithful Performance Bond ($286,000) and Labor and
Materials Bond ($143,000) specified in Paragraphs 2(a) and 2(b) of this Agreement. .
It is further agreed that the Letter of Credit shall be renewed on an annual basis,
Page 1 .:
unless the bank notifies City, in writing, not less than thirty (30) days before
expiration of its intention not to renew. Should bank choose not to renew said
Letter of Credit, as provided herein, Developer and City agree that City reserves
the right to collect the total amount, in cash, on Letter of Credit to hold as
security for Developer's work required by this Agreement and the Improvement Plans
for Tract 5616.
a. Faithful Performance Bond. Developer shall furnish City with a
bond or Letter of Credit conditioned upon the faithful performance of this
Agreement, said bond or Letter of Credit to be in the penal sum of $286,000.
b. Labor and Materials Bond. Developer shall furnish City with a
bond or Letter of Credit conditioned upon payment of all claims for labor and
materials used or consumed in the performance of this Agreement. Said bond or
Letter of Credit shall comply with the laws of the State of California, and with
Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082) . Said bond or Letter of Credit shall be in the penal
sum of $143,000.
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 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.
Page 2
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 Director/City Engineer and his desig-nated 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 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
Page 3
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.
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 accordance with said plans and specifications
and this Agreement, shall accept the work and notify Developer or his designated
agents of such acceptance.
11. 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.
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 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 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
1
Page 4
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 written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER Brighton Meadows 89,
a California Limited Partnership
By G -�
Page 5
CALIFORNIA NATIONAL BANK
DATE: FEBRUARY 13 , 1992
OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-53058
THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE
CITY OF DUBLIN
100 CIVIC PLAZA
DUBLIN, CA 94568
ATTN: LEE THOMPSON (DIRECTOR OF PUBLIC WORKS/CITY ENGINEER)
GENTLEMEN:
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN
YOUR FAVOR FOR ACCOUNT OF BRIGHTON MEADOWS 89, A CALIFORNIA LIMITED
PARTNERSHIP C/O PAN CAL INVESTMENT CO. INC. 4125 BLACKFORD AVE. ,
SUITE 200 , SAN JOSE, CA. 95117 UP TO AN AGGREGATE AMOUNT OF
US$429 ,000. 00 (U.S. DOLLARS FOUR HUNDRED TWENTY NINE THOUSAND ONLY)
AVAILABLE BY YOUR DRAFT(S) DRAWN ON OURSELVES AT SIGHT ACCOMPANIED
BY:
YOUR CERTIFICATE SIGNED BY THE CITY MANAGER OR CITY
ENGINEER STATING: "THE FUNDS ARE DUE IN CONNECTION WITH
CERTAIN PUBLIC IMPROVEMENT AGREEMENT DATED FEB. 13 , 1992
BETWEEN BRIGHTON MEADOWS 89 AND THE CITY OF DUBLIN AND
APPROVED PLANS FOR TRACT 5616"
SPECIAL INSTRUCTION: 1 . IT IS A CONDITION OF THIS IRREVOCABLE
LETTER OF CREDIT THAT IT SHALL BE
AUTOMATICALLY EXTENDED FOR ADDITIONAL
PERIODS OF ONE YEAR FROM THE PRESENT OR
EACH FUTURE EXPIRATION DATE UNLESS THIRTY
DAYS PRIOR TO SUCH DATE WE SHALL NOTIFY
YOU IN WRITING BY REGISTERED MAIL AT THE
ABOVE ADDRESS, THAT WE ELECT NOT TO RENEW
THIS LETTER OF CREDIT FOR SUCH ADDITIONAL
PERIOD. HOWEVER, THIS CREDIT SHALL HAVE
A FINAL EXPIRY DATE ON FEBRUARY 13 , 1998 .
2 . THIS STANDBY LETTER OF CREDIT SHALL BE
INCREASED BY 5% COMPOUNDED ON THE OCCASION
OF EACH ONE YEAR RENEWAL.
ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CREDIT DATE
AND NUMBER AND BE PRESENTED AT THIS OFFICE NOT LATER THAN FEBRUARY
13 , 1993 .
1
601 Montgomery Street 2858 Stevens Creek Bouleva
San Francisco, California 94111 San Jose. California 95128 r 4
(415)399-8000 (408)984-7878 ` y" �' `s;s_..-,
CALIFORNIA NATIONAL BANK
THIS IS AN INTEGRAL PART OF OUR STANDBY L/C NO. S-53058
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (1983 REVISION) . INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 400.
WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED.
YOURS VERY TRULY,
AUTHORIZED SIGNA HORI/Z SIGNANURE
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601 Montgomery Street 2858 Stevens Creek Boulevard 429"J"Street
San Francisco, California 94111 San Jose.California 95128 Sacramento.California95814
(415)399-8000 (408)984-7878 (916)441-7878
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