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HomeMy WebLinkAboutItem 4.11 Estate Homes Final Map Tr 4930 (2) 0 0 Lite 5---rjs AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 28, 1985 SUBJECT: Approval of Final Map Tract 4930 (Estate Homes Unit 3) EXHIBITS ATTACHED: Resolution Accepting Final Map; Vicinity Map and reduced copy of Final Map Resolution in Lieu Park Fees Copy of letter from Estate Homes dated May 22, 1985 Copy of Tract Developer Agreement RECOMMENDATION: Dr/1) Approve Resolution Accepting Final Map Tract 4930 2 ) Approve Resolution in Lieu Park Fees FINANCIAL STATEMENT: None at this time. Staff ' s time is being paid by developer for processing and inspection. After acceptance of improvements, City will assume maintenance responsibility of Marwick Drive, Bloomington Way, and Marwick Court. DESCRIPTION: Improvement plans and the Final Map for Tract 4930 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by Alameda County on May 4, 1982 and extended by the City of Dublin to October 4 , 1985 A subdivision agreement, bond and fees have been submitted guaranteeing the contruction of improvements within the subject tract. This subdivision is located west of the southerly intersection of Bloomington Way and Fenwick Way. Estate Homes notified the City by letter dated May 22 , 1985, that they were paying the $55, 440 . 00 in lieu Park Fee under protest. They feel that the valuation of the property determined by the City Engineer was too high. The City Engineer has responded that the City is willing to hire an appraiser at Estate Homes expense, if agreeable to Estate Homes . Should an appraisal of the value of undeveloped acre of land result in a lower valuation, then a refund of a portion of the park fees would be made. ITEM NO. " • 1I COPIES TO: Estate Homes 0 4:40) RESOLUTION NO. 045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------- ACCEPTANCE OF FINAL MAP TRACT NO. 4930 WHEREAS, the Final Map of Tract No. 4930 in the incorporated territory of the City of Dublin and the unincorporated territory of Alameda County; 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 Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developer, Estate Homes of Northern California has filed with the City of Dublin a contract to improve Tract No. 4930 in accordance with the Final Map of said Tract No. 4930, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a bond in the amount of $1, 862, 000 which, by its terms, is made to inure to the City of Dublin conditioned upon the performance of said contract; and WHEREAS, said contract is secured by a bond in the amount of $931, 000 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements , conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said contract . NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4930 be and the same is hereby approved; and that Marwick Drive, Bloomington Way and Marwick Court as shown on said map, be and they are hereby accepted as public highways in conformance with the terms of the offer of Dedication; and that those strips of land designated "S .D .E. " (Storm Drain Easement) "P.U.E. " (Public Utility Easement) , "W.L.E. " (Water Line Easement) , "E.A.E. " (Emergency Access Easement) , "P .S .E. " (Private Scenic Easement) and "P .A.E. " (Private Access Easement) as offered for dedication to public use in conformity with the Offer of Dedication, be and they are hereby rejected; 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 28th day of May, 1985. AYES : Councilmembers Jeffery, Moffatt and Mayor Snyder NOES : None ABSENT : Councilmembers Hegarty and,Vor' eder Mayor � ATTEST : C _ - City Clerk • I 0 0 IllhilliVr . IP -AIIIIIIIIIII"' I .44\‘ \ -- - - ---- _- _ --------- p„,, P.- COSIN01%. CO* \ cot•OCk i :-. v o 0 6 t. .; Ajta 0 v 6% v Z 0 I- o if 13 i 1 RO• _ T 13 . o 1 - • ----- ' - --------_ _ - I . PROJECT LOCATION MAP SCALE In= 1000 ® yco-5Z) RESOLUTION NO. 42-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPT DEPOSIT IN LIEU PARKLAND - TRACT 4930 WHEREAS, pursuant to Section 8-7 . 1 of the Subdivision Ordinance of Alameda County, as adopted by the City of Dublin, and Dublin City Council Resolution #74-83 each residential use shall, as a condition to the approval of a Final Subdivision Map, dedicate or reserve lands , pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes ; and WHEREAS, in its action on the Tentative Map of the subject tract, the Planning Commission of the County of Alameda did determine in accordance with Section 8-7 .1 of the aforesaid Subdivision Ordinance that a fee in lieu of land dedication for park and recreational facilities is to be paid, said fee to be used for the development of park and recreational facilities within a period of five years from the date of adoption of this resolution to serve the residents of the subject tract; and WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance with Section 8-7 . 6 of the aforesaid Subdivision Ordinance #74-83; furnished by the tract developer and identified as follows : Tract : 4930 Subdivider : Estate Homes of Northern California Amount: $55, 440 . 00 The proposed $55 , 440 . 00 is to be used for acquisition and/or improvements to Dolan Park and/or Kolb Park and/or Shannon Park. NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said subdivider's obligation under Section 8-7 .1 et seq. of the aforesaid Subdivision Ordinance and Dublin Resolution of #74-83; and PASSED, APPROVED AND ADOPTED this 28th day of May, 1935. AYES : Councilmembers Jeffery, Moffatt & Mayor Snyder NOES : None ABSENT: Councilmembers Hegarty & Vo er „ Mayor ATTEST: Kci City Clerk gaal1_ 41- 3 3 sin `-< _I 4o� _ii kt W, ;ER: s g oa ii N ZP8 iill•h r. J r .n •- r o• n '".w' _ si UN\1; 'dY1 - c f C ,tom /ON 13 dh�l� `%.,- I► t 1 S /k/ / / \Z •,'.• � i o� O. ; \ Zdri ,.(1 I ' / • 1 9iiiitrift it- k77.) 9. .,-----.N ___.../ 4 / •- ■.. •••■■----", . •''lik:: VI r `\ �i� . / / 0 t` 0 O L limillikA— ch,• tt, --v i a \ ,...)cr) ® w ;,/,/,‘ ).., 1 �Q0 ;z.0 ® CO , ',//i4; '' ,:,--- • O o p . av � 4 0 o. j \ O p P 0 (A4 :C7 k .1, L a 4%4 3.41/( \\\ . '. 0 AkVILI 44,14% ° Q.. . . 0 _sll) . Ilik Z I b 6 i Ts\ I O O /off ° W Qr.: it re . W i° Y O . , Q O / O 0 O0 rr - 0 e li- 1 Z T �� _� O 4 ` ' cm . W ® o �. tray t' . W 1 O t O ---......44 ` o _T,... 4 , , --4%.%...„ ,11 Okg 4 . hit !! b ti R R RR R �Uetl o a II/ 1 ° 4.5 11 S g 31 gri F I Ill i 1ES 13 -i 2./ Jr 11 i ; ~� i ; -u° 1 Ei `t Q s 3 la I t G� w 1�e i S 1� a �� >z � >S � S ��� is Q S i Y _�o.2 3 1 !:;1 t g •111:11% .. Estate Homes I of Northern California, Inc. 3001 SOUTH WINCHESTER BOULEVARD • CAMPBELL, CALIFORNIA 95008 • 408/374-7910 May 22, 1985 City of Dublin P. O. Box 2340 Dublin, Ca. 94568 Attention: Lee Thanpson City Engineer Re: Foothill Estates - Tract 4930 Park Fee Gentlemen: This letter will serve to notify you that we are paying the $55,440.00 Park Fee under protest. The $70,000.00 per acre value that was used to ccmpute this fee is an overvaluation of this property, and a more accurate valuation would reflect a figure of something less than $60,000.00 per acre. We feel a survey of raw land values in this area will substaniate the less than $60,000.00 value. We would request your consideration in reducing the Park Fee to conform with the land value. If you have any questions please feel free to contact us. Sincerely, ESTATE HOMES OF NORTHERN CALIFORNIA, INC. 41_124)(Vsevii- J Robert J. Ravizza RJR/ps CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this AND day of f+i1 Jy • 1985, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Estate Homes of Northern California, hereinafter referred to as "DEVELOPER" . W I T N E S S E T H WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 4930 in accordance with the requirements and conditions set forth within the Dublin Planning Commission Resolution No. 84-25 adopted on October 4, 1984 ; 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 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. Compl-tion Time. Developer will commence the work required by this Agreement w:thin thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not -later than three hundred six- i-five (365) days following said date of execution. Time is of the essenc.. in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any auti, rized modifications . 2. Bonds Furnished. Concurrently with the execution of this Agreement, Develo_..er 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 tiis Agreement. • a Faithful Performance Bond. Developer shall furnish City • with a bond cond_tioned upon the faithful performance of this Agreement, J said bond to be is the penal sum of $1, 862,000.00. 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 $931, 000.00. 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 . I Page 1 b. Comprehensive General less l nl $1t 000 000 Insurance. -occurrence limits of liability shall not be ess combined single limit bodily .,injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. c . Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1, 000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability of severability of interests clause. d. Other Requirements . All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a 'provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ;ten ,`days in . advance of the effective date thereof, and shall state ' that 9uch 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 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 contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. - - 5. Inspection of the Work. Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenience inspection of the work throughout _ts construction. , Said City representative shall have the authority to re_pct all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and/or work ...hall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the impro—ement plans and specifications . 6. Agreement Assignment. This Agreement shall r_ t 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 assicied by Developer without written consent of City, or if City through =ts City Engineer determines that the said work or any part thereof is bein_ 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 maydesignate, 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 Page 2 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 . 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 . Wage Rate. Developer, his prime contractor, and all subcontractors performing the work or any portion thereof: a. Prevailing Salary or Wage. Developer shall pay all workmen employed by them on said work a salary or wage at least equal to the Prevailing salary or wage for the same quality of service rendered to priva-e persons, firms or corporations under similar employment, which salar or wage shall not be less than the general prevailing rate of per diem +ages for work of a similar character in the locality in which the work .s performed, and not less than the general prevailing rate of per diem a,.,ages for legal holidays and overtime work , and which salary or wage shall be not less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the Department of Instrial Relations, State of California, and which is now on file with the ' A_ameda County Public Works Department and by reference incorporated herei:., and made a part hereof. b. Working Hours and Overtime Wages. Developer agrees 'and under-tands that eight hours labor shall constitute a day's work for any one calendar day on said work, and that no workman employed by Developer on the �-Drk or any part thereof shall be required or permitted to work there-pon more than eight (8) hours in any one calendar day, and forty (40) hours in any one calendar week unless such workman is compensated for all hours worked in excess of eight (8) hours per day or forty - (40) hours per week =t a rate not less than one and one-half (1 1/1/2) times his basic rate of pa=. c . Record of Hours Worked. Developer shall keep an accurate record showing the names and actual hours worked of all workers employed by him on the said work, which record shall be open at all reasonable hours to the inspection of the City or its agents, and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his Deputies or agents. 12 . Labor Code Penalties. Developer shall forfeit to CITY, as a penalty, the sum of twenty-five dollars ($25.00) : (a) for each workman on said work who is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California; and (b) for each workman on said work employed for each calendar day, or portion thereof, who is paid less than the said stipulated rates for work done under this Agreement in violation of the provisions of Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Page 3 13 . Affirmative Action. No discrimination shall be made in the employment of persons under this Agreement because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 1450 of the Labor Code of the State of California. Any violation ,.> of this requirement will subject Developer to all the penalties imposed for a violation of Chapter 1 of Part 7 of Division 2 of the aforesaid Labor ;.: Code . 14 . 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 of publication. 15. 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 `Agreementshall ' not operate to release . any surety or sureties from liability on 'any bond or bonds attached hereto t 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. 16. 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 cr property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. • b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes ,apparent dt .-ing the course of construction, or within one (1) year following accepta ice by the City of the ` improvements, and said design defect, in the '`'opinic:,n of the City, may substantially impair the public health and safety, ,De,:,-eloper shall, upon order by the City, _correct said design defect at his sol- cost and expense, and the sureties under the Faithful Performance ' and Labor and Materials Bonds shall be liable to the City for the corrective wOr:t required. , 4, _ c.`;.Litigation Expenses In the event shat -legalaction 'is instituted by either party to this Agreement,-,and said vtion seeks damages .' , for breach of this Agreement or seeks to specifically a force °the terms of 1' this Agreement, and, in the event judgment is ;entered action, the 1 prevailing party shall be entitled to recover its attorr ys' kfeesq and court } costs• • - p IN WITNESS WHEREOF,the parties hereto have executed this Agreement ` 1 r�- in duplicate at Dublin, California, the day and year first' above written. : CITY OF DUBLIN \ By Mayor ATTEST: Cit y Clerk N? )'`), / DEVELOPER ;'' 1' , N `# �. 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