HomeMy WebLinkAbout4.07 DubRanA6 FMap7141CITY CLERK FILE 600-60
AGENDA STATEMENT
CI'TY COUNCTL MEETZNG DATE: July 17, 2001
SUBJECT:
Approval of Final Tract Map 7141, Dublin Ranch,
Area A-6 (Toll Brothers)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
1)
2)
3)
dopt
Resolution Approving Final Tract Map 7141
Reduced copy of Final Tract Map 7141
Tract Developer Agreements for Improvements and
Landscaping
resolution approving Final Tract Map 7141
FINANCIAL STATEMENT:
The developer is providing bonds to guarantee construction of the
street, grading, utility improvements, and landscaping, and will pay
the cost of construction inspection. Once improvements have been
constructed and accepted, the City will incur maintenance costs for
the City-maintained improvements.
DESCRiPTION: Final Tract Map 7141 is located in Eastern Dublin, Dublin Ranch
Area A, northwesterly of existing Fallon Road and westerly of Bent Tree Drive, and will divide 18.7 acres
into 97 single-family residential lots.
Final Tract Map 7141 includes the dedication of Twin Eagles Lane, Royal Pines Way, Royal Pines Court,
Cherry Hills Lane, Cherry Hills Court, Southwind Lane, Poppy Hills Lane, and Poppy Hills Court, storm
drain, sewer, public access and emergency vehicle public utility easements to serve these large parcels,
and the Dublin Ranch Area A Development. The improvement plans for the backbone improvements and
the Final Tract Map have been reviewed and found to be in conformance with the Tentative Map and
Conditions of Approval. All of the required fees, bonds, and signed Tract Developer Agreements have
been submitted.
Staff recommends that the City Council adopt the resolution approving Final Tract Map 7141.
COPIES TO: Toll Brothers
G:\DEVELOP\Dublin RanchL4,reas A-E~GST7141.doc
ITEM NO.
RESOLUTION NO. - O1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP FOR TRACT 7141
(DUBLIN RANCH AREA A-6, TOLL CA II, LP)
WHEREAS, the Final Map for Tract 7141, 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 provisions of the
Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Developer, Toll CA II, LP, has executed and filed with the City of Dublin a contract
to improve Tract 7141 in accordance With the Final Map of said Tract 7141, the Tract improvement plans and
specifications attached thereto; and
WHEREAS, said agreement is secured by bonds in the amount of $1,956,016. Required ·
improvements include: Twin Eagles Lane, Poppy Hills Lane, Cherry Hills Lane, Southwind Lane, Royal
Pines Way, Cherry Hills Court, Royal Pines Court, and Poppy Hills Court, of which $L~-173,104 for said
improvements is conditioned upon faithful performance of said contract, and $782,912 for said improvements
for the benefit of laborers and materials 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 agreement and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that the Final Map of Tract 7141 be and the same is hereby approved,
and that rights to the area marked as the following Courts: Cherry Hills, Royal Pines and Poppy Hills; the
areas marked as the following Lanes: Cherry Hills, Twin Eagles, Southwind and Poppy Hills; the area marked
as the following Way: Royal Pines; and those strips of land marked as Public Service Easement (P.S.E.),
Storm Drain Easement (S.D.E.), Public Access Easement (P.A.E.), Emergency Vehicle Access Easement
(E.V.A.E.), offered for dedication to public use in conformity with the terms of dedication be, and they are
hereby accepted; subject to improvement 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 17th day of July, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GSDEVELOP\Dublin Ranch~reas A-E\RESO7141 .doc
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TlqACT 7141
A SUBDIVISION OF PARCEL 'A'-TRACT 7135, AS FILED IN
BOOK OF MAPS, AT PAGES -
ALAMEDA COUNTY RECORDS.
CITY OF DUBLIN
-ALAMEDA COUNTY,' CALIFORNIA
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i ~ NOTES:
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cITy OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered .into this 17th day .of July, 2001, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and TOLL CA
II, L.P., a California Limited Partnership, hereinafter referred to as."DEVELOPER".
RECITALS
WHEREAS, .it has been determined by the CITY Council of the CITY of DUblin, State
of California, that DEVELOPER, the subdivider of Tract No. 7141, desires to improve and
dedicate those public improvements (hereafter "The Improvements") required by City of
Dublin Planning Commission Resolution No. 00-42 adOpted on 25th day of July, 2000 in
accordance with the requirements and conditions set forth in said resolution, the
requirements of the SubdiviSion Map Act of the state of California, the Subdivision Ordinance
of the CITY, and those certain plans and specifications for said development approved by
CITY on 25th day of April, 2001, prepared by MacKay &.Somps, titled Improvement Plans,
Dublin Ranch Area A-6, Tract 7141, and now on file in the office of the Public Works
DirectodCity 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 Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements 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 construction of The Improvements 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 of The Improvements, including ~
any authorized modifications.
2. Estimated Cost of Improvements.. -
The estimated cost of constr~lmprovements required by this agreement as
adjusted for inflation is agreed t° b~8b,384~. Said amount includes costs and reasonable
expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to fifty per cent (50%) of the estimate set forth
in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors,
subcontractors, and other persons furnishing labor, materials, or equipment shall be paid
therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform with the provisions of
Chapter 5 of the Subdivision Map Act.
4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph; and such
insurance shall have been approved by the Administrative Services Director of CITY, or his
designee, as to form, amount and carrier. Prior to the.commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and
such insurance shall have been approved by the Administrative Services Director of CITY, as
to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to
commence work on this contract or subcontract until all insurance required for DEVELOPER
and DEVELOPER's general contractor shalt have been so obtained and approved. Said
insurance shall .be maintained in full force and effect until the completion of work under this
Agreement and the final acceptance thereof by CITY. All requirements herein provided shall
appear either in the body of the insurance policies or as endorsements and shall specifically
bind the insurance carder.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER' shall maintain limits hO.less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, if commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per aCcident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident..
C. Deductibles and Self-insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigationS, claim administration and defense expenses.
D.. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a)
The CITY, its officers, agents, officials, employees and .volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the-DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The.coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b)
The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers.. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d)
The DEVELOPER's insurance shall apply separately to each
'insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability'Coveraqe.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to. the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:Vll.
b)
Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
5. Work Performance. and Guarantee.
Exceptas otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER% agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year to insure that
such defects have actually been corrected.
In 'the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the dght, but shall not be obligated, to.repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CiTY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If ClTYi at its sole option, makes Or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay; in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
6. Inspection of the Work.
DEVELOPER shall guarantee free aCcess to CITY through its Public Works
Director/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 impr. ovement plans and specifications.
7. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such.time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its Public Works Director may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of
breach of this Agreement, or of any portion, thereof, and default of DEVELQPER.
in the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof Within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and deliVered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Lee Thompson '
Notices reqUired to be given to DEVELOPER shall be addressed as follows:
Toll Brothers, inc.
100 Park Plaza #140
San Ramon, CA 94583
Attn: Jon Paynter
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Continental
1101 Market Street P.O. Box 8206
Philadelphia, Pennsylvania 19101
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and
has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY
may record said abstract in the Official Records of Alameda County.
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 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.
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 recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
12. Patent and Copyri.qht 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 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.
14. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its. elective and appointive boards, commissions, officers agents and
employees, from and against any and all.loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not; and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless'of
whether or not Such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
3) 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.
4) Liti.qation 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 judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs, if CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
15. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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:
AS OWNER: TOLL CA, L.P., A CALIFORNIA LIMITED PARTNERSHIP
BY: TOLL CA GP CORP., A CALIFORNIA CORPORATION, GENERAL PARTNER
Type or Print Name
/~(.,,//¢ Title
tract development agmt form.doc
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this 17th day of'July, 2001, by and between
the CITY of Dublin, a municipal corporation,, hereinafter referred to as "CITY", and TOLL CA
il, L.P., a. California Limited Partnership, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER, the subdivider of Tract No. 7141, desires to improve and
dedicate those landscape.public improvements. (hereafter "The Improvements") required by
City of Dublin Planning Commission Resolution No. 00-42 adopted on 25th day of July, 2000
in accordance with the requirements and conditions set forth in said resolution, the
requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance
of the CITY, and those certain plans and specifications for said development approved by
CITY on 25th day of April, 2001, prepared by MacKay & Somps, titled ImProvement Plans,
Dublin Ranch Area A-6, Tract 7141, 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 Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements 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 constrUction of The Improvements 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 shali furnish CITY
with-a complete and reproducible set of final as-built plans of The Improvements, including
any authorized modifications. .
2. Estimated Cost of Improvements.
The estimated cost of construC~tiB-g The Improvements required by this agreement as.
adjusted for inflation is agreed to b("_$-3~2,72.0.~. Said amount includes costs and reasonable
expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attomey:
A. Faithful Performance. Either a cash deposit, a corporate sui'ety bond issued
by a company duly and legally liCensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to 'assure CITY that The Improvements will be
· satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to Conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of.the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment
shall be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CiTY that the surface water drainage of the subdivision shall not
interfere with the use of Neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform wit'h the provisions of
Chapter 5 of the Subdivision Map Act.
4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or his
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, ali insurance required under this paragraph, and
such insurance shall have been approved by the Administrative Services Director of CITY~ as
to form, amount and carrier. DEVELOPER shall not allow.any contractor or sbbcontractor to
commence work on this contract or sUbcontract until all insurance required for DEVELOPER
and DEVELOPER's general contractor shall have been so obtained and approved. Said
insurance shall be maintained in full force and effect Until the completion of work under, this
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........... appear either in the body of the insurance policies or aS endorsements and shall speciTical y
bind the insurance carrier.
A. Minimum Scope'of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1173) covering
comprehensive General Liability. and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive'General Liability; or Insurance
Services-Office Commercial General Liability coverage ("occurrence" form
CG 0001 .)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "'any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined sing!e limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At.the option of the
CITY,.either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activit.i.es_p.._._.e__rf_or_med b~ or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b)
The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c)
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
em ployees or volunteers.
d)
The DEVELOPER's insurance shall apply separately to each
insured against whom claim is .made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
3) All Coveraqes.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior, written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers..Insurance is to be placed with insurers
with a Bests' rating of no less than A:VlI.
b)
Verification of Coverage,. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by 'this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified Copies of all
required insurance policies, at any time.
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate Certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
'5. Work Performance and Guarantee.
Except.as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and 'unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attaChed to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the'entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any Other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship' or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one,year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year to insure that
such defects have actually been corrected.
in the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay' to CITY on demand all costs and expense of such repair.
Notwithstanding ,..anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the Public health, safety, or welfare, CITY shall have the right to
.immediately repair, or cause to be repaired, such defect; and DEVELOPER shall pay to CITY
on demand all costs.and expense of such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs .which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) bf such costs and expenses
for overhead and interest at the maximum 'rate of interest permitted by law accruing thirty (30)
days from the date. of billing for such work or repairs.
6.. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its Public Works
Director/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 speqificati.o_n..s_,~and all such materials and .o_r_work shall be removed prompt_l.v, b__y_
.................... ~'i~-E-~lS~:~j"'~:~-~ ~Cj ~'~~:~ CITY without any expense to CqTY~"[~'-'~:t~'?'¥~''~'?~''~:~?~''-'-
accordance with the improvement plans and specifications.
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7. A,qreement Assi.qnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY.
8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's '
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said .work 'within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit, of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its Public Works Director may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of
breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty.(30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract- or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to-DEVELOPER as
may be on the site of the work and. necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Lee Thompson
Notices required to be given to DEVELOPER shall be addressed as follows: Toll Brothers, inc.
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San Ramon, CA 94583
Attn: Jori Paynter
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Continental '
1101 Market Street P.O. Box 8206
Philadelphia, Pennsylvania 19101
Any party or the Surety may change such address by noticein writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
ConcUrrently with the execution of this Agreement, DEVELOPER has executed and
has caused to be acknowledged an abstract of this Agreement. 'DEVELOPER agrees CITY'
may record said abstract i~n the Official Records of Alameda County.
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 manner to
constitute a partia! o~' 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 iights, 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 recommend acceptance of the
work to the City Council and, upon such acceptance, shall 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 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.
14. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend-, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does riot, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or.the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to ali damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied, or
.approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
3) Desi.qn 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 .(l_)_y_ear following accep_tance by. the CITY of the im~rovem_e_n_t_s_~, and :..: .................
..:. :... ....... _= ...... : ........................... ::-..:~-~:~-~:i~ f~:- d-~f~;:~--~:-~-~i fii~:~-~t-~---C~:t--~ ---~-~---~-:~-~-~t~i~l~a'~r -'t h~- .................................................
public health and safety, DEVELOPER shall, upon order by the O]TY, correct
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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.
4) .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 judgment is entered in said action, the' prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
15..Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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:
AS OWNER: TOLL CA, L.P., A CALIFORNIA LIMITED PARTNERSHIP
BY: TOLL CA GP CORP., A CALIFORNIA CORPORATION, GENERAL PARTNER
Type or Print Name
tract development agmt form.doc