HomeMy WebLinkAboutItem 4.05 DubRanL6 TDA amend CiTY CLERK FILE #600-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 2002
SUBJECT: Second Amendment to Tract Developer Agreement, Tract 6961
(Dublin Ranch Neighborhood L-6, "Highgrove") to Extend
Completion Date by One Year
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution Amending the Tract Developer Agreement
2) Original Tract Developer Agreement with Shea Homes
Limited Parmership, for Tract 6961 improvements
3) Location Map
RECOMMENDATION:/~g_.J(~Adopt resolution amending the Tract Developer Agreement for
/~ '~ Tract 6961 to extend the completion date until September 5, 2003.
FINANCIAL STATEMENT: Shea Homes, Limited Partnership, has submitted performanCe and
labor and materials bonds to guarantee construction of the tract
improvements for Dublin Ranch, Tract 6961 (Neighborhood L-6),
and has paid the cost of the associated construction inspection.
Once improvements have been completed and accepted, the City
will incur maintenance costs for City-maintained improvements.
DESCRIPTION: The Tract Developer Agreement with Shea Homes Limited
Parmership, approved by the City Council on September 5, 2000, for Dublin Ranch, Neighborhood
L-6 "Highgrove", allowed the developer 365 days to comPlete the tract improvements. This agreement
expired on September 5, 2001, but was amended on November 20, 2001, via City Council Resolution
No. 197-01 to extend the project completion date to September 5, 2002. Although the improvements are
essentially complete in accordance with the approved plans and specifications, Staff is not recommending
acceptance of the Tract until the heavy equipment needed to construct the homes is no longer necessary.
The time limit for completion of the work pursuant to Section 1 of the Agreement has expired, and as
Such, the Agreement needs to be extended. Through discussions with Staff, Shea Homes believes the
work can be completed if the time limit is extended by one year, or to September 5, 2003.
The City Engineer has determined that it is in the best interest of the City to authorize a one-year time
extension by approving the Resolution amending the Agreement. The original performance bond and
labor and materials bond will remain in effect throughout the proposed extension, and the Developer's
insurance will also remain in effect.
Staff recommendS that the City Council adopt the Resolution amending the Tract Developer Agreement
for Tract 6961 to extend the completion date until September 5, 2003.
COPIES TO: Jon McCaustland, Shea Homes
ITEM NO.~ 4_~
G:\DEVELOP\Dublin Ranch~L-6-Shea, Highgrove~agst 2nd amend t. dev.agmnt.doc / ~ /
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 6961
(DUBLIN RANCH, PHASE I - NEIGHBORHOOD L-6)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Shea Homes, Limited
Parmership (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement
(hereinafter referred to as AGREEMENT) on September 5, 2000; and
WHEREAS, the AGREEMENT was extended until September 5, 2002, on November 20, 2001,
via City Council Resolution No. 197-01; and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT no later than 365 days following the date of execution; and
WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion
date by one year, or until September 5, 2003; and
WHEREAS, it is in the City's best interest to extend the completion date of the AGREEMENT; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth
in the AGREEMENT, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that the amendment (Exhibit "A" of this resolution)
to the Tract Development Agreement for Tract 6961, Dublin Ranch, Phase 1, Neighborhood L-6, is hereby
approved, and the City Council hereby authorizes the Mayor to execute Exhibit "A".
PASSED, APPROVED AND ADOPTED this 1 st day of October, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
EJO:I-IBIT ~'A" OF
RESOLUTION NO. -02
A RESOLUTION OF TI~rE CITY COUNCIL
OF TWE CITY OF DUBLIN
SECOND AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR DUBLIN RANCH-PItASE I, TRACT 6961 (1NEIGI:[BORltOOD L-6)
BETWEEN CITY OF DUBLIN AND Slt-EA HOMES, LIMITED PARTNERSm-P
WFtEREAS, the City of Dublin (hereinafter referred to as "CITY") and Shea Homes, Limited
Parmership (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as AGREEMENT) on September 5, 2000; and
WlCt-EREAS, the AGREEMENT was extended to September'5, 2002 on November 20, 2001 via
City Council Resolution No. 197-01; and
Wl~REAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 365 days following the date of the execution; and
Wl~REAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion
date by one year or until September 5, 2003; and
Wl:I-EREAS, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT; and
Wgl-E~REAS, this Amendment hereby incorporates by reference all terms and conditions s~ forth
in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall
remain in full force and effect; and
NOW, TI-IEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended
one year or until September 5, 2003.
CITY OF DUBLIN
ATTEST: Mayor
Shea Homes, Limited Partnership,
City Clerk a California limited parmership,
By: J.F. Shea Co. Inc.,
on, its general partner
Its:'~Assis~ant S~cr~ry ~
Its: Assistant Secretary 'r'
Date: ~./'~. O 2-
C:~Documents and Settings\jonmekLocat Settings\Temporary Internet Files\OLK14Xreso 2nd amend tr der L6.doc
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this~.O'~'- day of~)~'~;~',, 2000, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Shea Homes Limited Partnership, a'California limited partnership, hereinafter referred to as
"DEVELOPER".
WITNESSETH
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 6961 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 99-26 adopted on August 10, 1999 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. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a LabOr and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
.)
19105-1jtS-2-00Tract D~vA ,,~nnt99-26
Page
1
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to I~e in the penal sum
of $2,300,705.00.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond 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 shall be in the penal sum of $1,'150,352.50.
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. Ail'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. Ali 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~ity (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of those
skilled in the trade, profession, or calling necessary to perform the work to be accomplished
under the terms of this contract, and shall guarantee and maintain the work for a period of one
(1) year following the completion and acceptance thereof against any defective workmanship
or defective materials furnished in the performance of this Agreement, and any acceptance of
the work by City will not operate as a release to Developer or Developer's bondsmen from the
) aforesaid guarantee.
! 9 ! 06- ljtg-2-00Tract DevAgmnt99-26
Page 2
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works DirectodCity Engineer and his designated representative for the safe and
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materials and workmanship which are not in accordance with
the plans and specifications, and all such materials and or work shall be removed promptly by
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications.
6. Agreement Assiqnment. 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 w.ork 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 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.
19 t 06= tjt~-~-oo'~ ract ~evA§mn~9-26
Page 3
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 Copyd.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.
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. 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 (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 event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
19106- ljtS-2-00Tract DevAffm
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement ,in duplicate
t at Dublin, California, the day and year first above written.
06- ljtg-2--0OTr~ct DevAgmnt99.26
Page 5
CITY OF DUBLIN
Mayor
ATTEST:
L--C~ ~lerk
DEVELOPER
SHEA ROMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP
BY: J. F. SHEA CO., INC., A NEVADA CORPORATION, ITS GENERAL PARTNER
BY j_. _,~ __ ' TITLE /
/
] 9106- I jt$-2-OOTract DevA§mntgg-2$
Page 6
cr,.oo' mm~. LEGEND
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T ACT 1
EASE~NT NOTES: REFERENCES: NOTES: A 3UHDIVISIOH OF PARCE~ 'K', 'H', 'P', & 'q' OF ~CT 6960 AS FILgD
~ I0 ~C~ 6a~ ~ ~ ~ ~ ~ ~. IR*H ~ ~ ~ ~. ~S. riLED ~Y ~.~,S. ~. 16 n.o.s.. PO. ~l-s~. ' BO0~ 24e OF M~. AT PAG~ 85-g5. ~C~PT~G THE PARCEL CONVEYE[
~~]-~F~ IR-ZI ~C1 6~Z5. FILEO~Y }6. ISS~BK, ~41 ~S.P~. ~-5~, a~O~C~Y. ~. T~A~ 6956 AS ~D l~ BOOK 251 OF M~S. AT PAGES 48-53. AHD
· 92-~7~24. BASIS OF BEARINGS: o~r t~ ~ ~r[~e ~ TOWNS~P 2 SOU~I. ~Ngg I ~t. M.O.~. & M.
~o ~ ,,.... ~ ,..-,o~,6~ ~, ~a ~c~ ~ u~ e. ,~ ,~-,, - ~,t~ n~a~ ,. am ~s) ~ ~ .u ~ ~ ~s CITY OF DUBLIN
~C~U~t13.199g.~ro. 99-~10414. RE~S. eASI~N~Im6ASIS~I~F ........ 6~1~0~~94~.an5 A~MEDA COUNTY, CALIFORNIA
s) ~ ~ ~ ~ ~a~ ~ ~ ~. AUGUST, 2000