HomeMy WebLinkAboutItem 4.18 Parcel Map 7233 Appr (2)
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CITY CLERK
File # D[?l][2][Q]-~[I]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 16, 1998
SUBJECT:
Approval of Parcel Map 7233, Alameda County Surplus Authority
and Opus West Corporation.
Report Prepared by: Lee S. Thompson, Public Works Director
EXIDBITS ATTACHED:
1)
2)
3)
Resolution Approving Parcel Map 7233
Reduced copy of Parcel Map 7233
Tract Developer Agreement
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RECOMMENDATION:
~AdOPt resolution approving Parcel Map 7233
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FINANCIAL STATEMENT:
The Developer, OPUS West Corporation, is providing performance
and labor and materials bonds to guarantee construction of the City
streets, traffic signals and storm drain improvements and will pay
the cost of construction inspection. Once the City improvements
have been constructed and accepted, the City will incur maintenance
costs for the City-maintained improvements.
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DESCRIPTION: Parcel Map 7233 is further splitting the 631.05-acre parcel that is
owned by the Alameda County Surplus Authority and located within the Eastern Dublin Specific Plan
area. This portion is bounded by Arnold Road on the west, Hacienda Drive on the east, 1-580 on the
south, and Opus Creekside Business Park II to the north. The property is being divided into four (4)
parcels: Parcell is 11.46 acres; Parcel 2 is 19.63 acres and will be the Emerald Pointe Business Park site;
Parcel 3 is 26.0 acres; Parcel 4 is 48.58 acres and will be the proposed PeopleSoft project site. The
remainder parcel consists of 513.27 acres. The Developer of Parcel 2 ,Opus West Corporation, plans to
construct three large office buildings totaling 424,485 s.f., which is currently under Site Development
Review by the Planning Department.
Parcel Map of Tract 7233 includes an offer of dedication of public streets for Dublin Boulevard, Central
Parh'Way, Arnold Road, a portion of Hacienda Drive, and various utility, access and drainage easements
and is. therefore, being brought to the City Council for approval. The Alameda County Surplus Authority
plans to contract with the Developer, Opus West Corporation, to construct public improvements including
Dublin Boulevard from the BART Station to Hacienda Drive; the e},."iension of Central Parh'Way to Arnold
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COPIES TO: OPUS WEST Dublin, Inc.,
Alameda Co.
lTEMNO.~
g: \develop\Emerald\agst 7233
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Road; the extension of Arnold Road to Dublin Boulevard; and the widening of Hacienda Drive between"-
Central Parkway and Dublin Boule,:,~d.
The Final Parcel Map has been reviewed and found to be in conformance with the Tentative Map and
Conditions of Approval. The required fees, bonds, insurance certificates, and signed Tract Developer
Agreement have been submitted.
Staffrecornmends that the City Council adopt the resolution approving Final Parcel Map 7233 (Exhibit 1).
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RESOLL"7ION NO. - 98
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING
PARCEL MAP of TRACT No. 7233
WHEREAS, the Parcel Map of Tract No. 7233, 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, OPUS 'WEST, Inc., has executed and filed with the City of Dublin a
contract to improve proposed public improvements within Parcel Map Tract No. 7233 in accordance with the
improvement plans of Parcel Map of said Tract No. 7233, the Tract improvement plans and specifications
attached thereto; and
WHEREAS, said contract is secured by bonds in the amount of$ 7,305,542 for City street and storm
drain improvements, conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by bonds in the amount of$ 3,652,771 for City street and storm
drain improvement 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; and
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NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that the Final Parcel Map of Tract 7233 be and the same is hereby
approved; and that rights to areas marked as the following Parkway: Central; and areas marked as the
following Boulevard: Dublin; and areas marked as the following Road: Arnold; and the areas marked as
the following Drive: Hacienda; and those strips ofland marked as Public Service Easement (P.S.E.), Storm
Drain Easement (S.D.E.), and Sidewalk Easement (S.W.E.) 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 16th day of June, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
e ATTEST:
City Clerk
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
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This agreement is made and entered into this --1.k- day of q Ll.J\IlL , 1998, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
OPUS WEST Corporation, hereinafter referred to as "DEVELOPER".
WITNESSETH
WHEREAS, it has been detennined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements shown on Tract 7233, in accordance with the requirements and conditions set
forth within the City of Dublin Planning Commission Resolution No.02-98 adopted on June
2,1998; 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 tenns 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
li::ensed 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 sum .
aT $ 7,305,542.
Page l
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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
perfonnance 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 $ 3,652,771.
3. Insurance Reauired.. 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 Liabilitv 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.
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c. Comorehensive 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 ofinterests 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.
4. Work Pertormance 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 pertormance 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.
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5. Insoection 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
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convenient inspection of the work throughout its construction. Said City representative sh;;lIl
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. Aoreement Assionment. This Agreement shall not be assigned by Developer
without the written cO!1sent 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 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. Acceotance 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
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.accordance with said plans and specifications and this Agreement, shall accept the work and
notify Developer or his designated agents of such acceptance.
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11. Patent and CODvriaht 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 publicatlon.
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.
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a. Developer Primarilv 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. Desian 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. Litiaation Exoenses. 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
c:Jurt costs.
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IN WITNESS WHEREOF I the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
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ATTEST:
City Clerk
CITY OF DUBLIN
By
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Mayor
DEVELOPER
By M----<----<
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Type or Print Name
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Title
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