Loading...
HomeMy WebLinkAboutItem 4.15 DubRanL5 Tr 6960 TDACITY CLERK FILE 600-60 AG EN DA STATEMENT CITY COUNCTL MEETZNG DATE: December 2000 SUBJECT: Amendment to Tract Developer Agreement, Tract 6960 (Dublin Ranch L-5) Report Prepared by: Lee S. Thompson, Public Works DirectOr ATTACHMENTS: 1) 2) Resolution Approving the Amendment to Tract Developer Agreement for Tract 6960 Tract Developer Agreement with Centex Homes for L-5 Neighborhood On-site Tract Improvements RECOMMENDATION: Adopt resolution approving the amendment to the Tract Developer //~Agreement for Tract 6960 FINANCIAL STATEMENT: Centex Homes has submitted performance and labor and materials bonds to guarantee construction of the on-site tract improvements for Dublin Ranch, Phase 1, Neighborhood L-5, and has paid .the cost of the associated construction inspection. Once improvements have been constructed and accepted, the City will incur maintenance costs for City-maintained improvements. DESCRIPTION: Tract Map 6960 is located in the Eastem Dublin Specific Plan area and within Dublin Ranch, Phase I. The development is generally bounded by Tassajara Road on the west, the extension of Gleason Drive on the south, and the extension of Fallon Road to the east. Tract 6960 consists of 117 residential lots. On February 19, 1999, the City Council approved a Tract Developer Agreement with Centex Homes, which covers all on-site tract improvements associated with the development of the L-5 Neighborhood. All of the required fees, bonds, insurance certificates were submitted as required by the Tract Developer Agreement Section 1 of the Tract Developer Agreement stipulates the time of completion of work to be within 365 days following the date of execution of the Agreement. The Developer is currently constructing the improvements required for the subdivision in accordance with the approved plans and specifications. Since the time limit for completion of the work has expired, the Developer has submitted a request to the City for extension of the time limit for completion to December 31,2001, together with a letter from the COPIES TO: g:\develop\dubranch\L-5 Centex\agst amend tr dev agmt Barry Crosby, Centex Homes ITEM NO. surety certifying that the performance and labor and materials bonds will remain in effect, or new bonds and a certificate from the Developer's insurer that the required insurance remains in effect. The City Engineer has reviewed the request, and has determined that it is in the best interests of the City and the Developer to approve the request to ensure orderly completion of the public improvements being constructed by the Developer. In order to extend the time limit set by the Tract Developer Agreement, an amendment to the Agreement is needed. This amendment will grant the Developer a time extension up to December 30, 2001, to complete the remaining improvements. Staff recommends that the City Council adopt the resolution approving the amendment to the Tract Developer Agreement for Tract 6960. Page 2 RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 6960 (DUBLIN RANCH, PHASE I - NEIGHBORHOOD L-5) WHEREAS, Centex Homes, a Nevada Corporation, the Developer of Tract 6960, Dublin Ranch, Phase I, Neighborhood L-5, executed a Tract Improvement Agreement (hereinafter referred to as Agreement) on February 19, 1999; and WHEREAS, pursuant to the requirements of said Agreement, the Developer has submitted the required bonds to guarantee construction of tract improvements for Dublin Ranch, Phase 1, Neighborhood L-5, and has paid the costs of construction inspection; and WHEREAS, the time limit for completion of tract improvements set by said Agreement has expired; and WHEREAS, the City Engineer has reviewed the Developer's request for an extension of the time limit for completion of tract improvements to December 30, 2001; and WHEREAS, in order to extend the time limit set by the Agreement, an amendment to the Agreement is needed' NOW, THEREFORE, BE IT RESOLVED that the amendment (Exhibit "A" of this resolution) to the Tract Development Agreement for Tract 6960, Dublin Ranch, Phase 1, Neighborhood L-5, is hereby approved. PASSED, APPROVED AND ADOPTED this 19th day of December, 2000. AYES: NOES: ABSENT: " ABSTAIN: ATTEST: Mayor City Clerk g: ldevelop~dub ranchLL-5 Centex~reso amend tr dev agmt L-5 /5 EXHIBIT "A" OF RESOLUTION -2000 AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE I, TRACT 6960'(NEIGHBORHOOD L-5) BETWEEN CITY OF DUBLIN AND CENTEX HOMES WHEREAS, the City of Dublin (hereinafter referred to as "CITY"') and Centex Homes (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on February 19, 1999; and WHEREAS, 'time limit for completion of certain on-site and off-site improvements (hereinafter referred to as WORK) as set forth in the AGREEMENT has expired, and the DEVELOPER has submitted a request to extend the time limit for completion of said WORK; and WHEREAS, the City Engineer has reviewed the DEVELOPER's request, and determined that, it is in the best interest of the City and the DEVELOPER to approve the request; and WHEREAS, in order to extend the time limit set by the AGREEMENT, an amendment to the AGREEMENT is needed; 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; and NOW, THEREFORE, the parties hereto agree as follows: Timing of completion of WORK is extended to December 30, 2001. CITY OF DUBLIN ATTEST: Mayor City Clerk Centex Homes A Nevada Corporation rosy G:\develop\dublinranch\L-5\amend to tract dev agmt CITY OF DUBLIN TRACT DEVELOPER AGREEMENT 199~, by and between the City.of Dublin, a municipal corporation, hereinafter referred to 'as "C1¥~;', and CENTEX HOMES. a Nevada Corporation, 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 6960 in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No.98-56 adopted on December 8, 1998; 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. a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal su~' of $895.466.00 Page I 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 performan.ce 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 $447,733.00 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 Califomia, 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. 4o 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. Page 2 5. 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 improvement plans and specifications. 6o' 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 tothe 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. 9o 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 !eft clean and orderly. 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 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 C~ 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 adse 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 event judgment is entered in said action, the prevailing party shall be entitled to recover its attomeys' fees and court costs. Page 4 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On February 11.1999 , before me, M. Sue Patterson, personally appeared Barry Crosby , personally known to me (or pro. ved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. My Commission~E~ires Aug. 8, 2002 0 coma.