HomeMy WebLinkAbout3.7 Replace Subdivision Agree Tract 4719 r
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 13, 1984
SUBJECT Replacement of Subdivision Agreement and Securities
Tract 4719 (Kremco)
EXHIBITS ATTACHED 1 . New agreement.
2 . New securities .
3 . Location map.
4 . Draft resolution.
RECOMMENDATION Approve resolution to substitute subdivision agreement
and bonds for existing agreement and securities subject
to the new developer taking title to the property.
FINANCIAL STATEMENT: None to City.
DESCRIPTION Tract 4719 Final Map together with agreement and
securities was approved on the Council meeting of December 12, 1983 .
Larry Lee, the owner, is selling the project and land to Oliver DeSilva,
Inc . and this new developer is requesting a substitution of a sub-
division agreement signed by him together with new securities.
Staff recommends approval .
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ITEM NO. J- 7- COPIES TO:
v 4
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of
1984 by and between the City of Dublin, a municipal corporation, hereinafter
`, referred to as "CITY" , ' and Oliver DeSilva, Inc . , hereinafter referred to as
"DEVELOPER" .
W I T N E S S E T 11
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 4719 in accordance with the requirements and _
conditions set forth within the City of Dublin (Alameda County Planning
', Commission Tract 4719 ,'.'1486th Zoning Unit ) adopted on July 20, 1981 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
>..
c:.specifications "f ,,.s development;_approved by ..said City .Council, '., and now
on ;file'••`iri`='the office of +the'City E ngineer,':which :.are ,hereby::referred .to for
..
_.
t-a .more .;definite';;and`?;distinct:`.:descript;ion_of ;the °work.;to be performed under-
tithis Agreement` as though set forth at length h erein, and
Y._ }
�WHEREAS,1 Developer intent"o- satisfactorily .complete the :required
ft4 improvement within the time hereinafter °:specified; Yand "Citys'intends "to :accept
Developer ' !`-offer(s') of ��dedication 'of said improvement:(s) `in'consideration
',:.for , Developer '.s satisfactory performance of the terms and conditions of this
'> Agreement;
NOW, ;":
THEREFOREin 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 a .timely manner following the date on which City executes this
Agreement. - Developer shall complete said work not later than 18 months
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 . Security. Furnished. Concurrently with the execution of this
Agreement, ,Developer: shall furnish City with .two bonds securing faithful
.'.'performance and labor "and ,materials . . Such bonds`.shall be in the form pre-
scribed byCity, `and :shall .be issued by a company 'duly and legally licensed
to conduct . a general <surity business in the State of California and issued in
the amount of and :for the purposes specified below:
`i
oned uponthe =faithful performance
.o
f this
ond �or^:bonds A•conditi p .P
contract ,by' Developer•'according to he ,terms "Nand provisions
herein, ::said bond_ s °:to be in ;the :•total ;penal'.sum of -.$2,767, 245. 00 .
1
bond .-or .bonds conditioned.;upon the ;payment .of all claims ;for
l
labor ;;and :materials :used and ,consumed in -the 'performance of
' ?this".contract`' -,in accordance' with any law"`of the State "of
Calif6rnia .requiring the same and .with ,.Title 15 .(commencing
with -Section 3082 ) of Part 4 of Division 3 of the Civil Code
of the State of California, said bond to be in the penal sum
of $1 , 383, 623 . 00 .
3 . Insurance Required. Concurrently with the execution of this
Agreement or prior to the commencement of any construction, Developer/Contractor
.: shall furnish City with evidence of insurance coverage as specified below.
a . : Work'er 's^ Compensation Insurance: Prior to the commencement of
construction, statutory ,coverage as. required t_o ,cover the full
> liability .of
Developer. in' .accordance with ,the .provisions of
f.=the.-State."of ,California, ' and
`�. rance'coverage ,-with'�.a`4limit =of not
Division .IV of the ' ..,Co Cod
an.,employer ' s "liability--insurance"
=`aess{ahan $100, 000 .per occurrence Ito.:cover,:any :claims:arising
'from{-employment.'not covered by 'worker' s"compensation laws.
tt s '-b s Comprehehsive�,'General Liability. :In'surance Minimum limits of
y , _ ,, ,.;..• ,��� ��!y 1 n�..`»,; {• ,Y�:�r '+.: -y,.':�,•:)�.,.: T. ., •'io't`a'. '1 S'�c r,t' : . ..�i!:} -r �i,A.� L'j.'�` y„t' ::�:i-vf•:Y,,......'
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�w Z 'i�•llit '6 / ) '•fr`,'.'t � �'y l,� n '{� �.} ��e���� � 7�e. � •c zv!!•r,�ti,?�.E�"�` +�3�„e�4�1� �>S'+ �• �_ .,�J�7 .Y .:43� _ '4
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liability shall not be less than $1, 000, 000 per occurrence
combined single limit bodily injury and property dam�ige coverage ;
any deductible provision shall not exceed $1, 000 per claim, and
each and every policy must contain a cross liability or sever
-
ability or 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 or sever-
ability 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 sh-all name
the City and its officers, agents_.and_ employees . as additional
insured,` 'shall 'contain "a provision 'that=a' written notice of
cancellation or treduction ;in cover age„;shall 'be Iurn1shed.,the
' Cit 10 ten ;da s `;in :advance of :-the effective- ate 'thereof, and
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shall';state .that :such coverage ,is primary `to 'any other 'coverage
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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
`:' acce.ptance '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 o= the work by City will
not operate as a release to Developer or Developer' s bondsmen from the
aforesaid guarantee .
S . Inspection of the Work . Developer shall guarantee free access to
City through its 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
improvement: plans and specifications . .
Z.
i 6 ;':Agreement Assignment This Agreement shall not be assigned by
>`;Developer .without .the written consent of.-City
7 : :Abandonment of Work . :If thee.work to be :done under:-this ;Agreement
z' 'is `.abandoned; .,•or ,,.if: this Agreement: :i.s .assigned -b_y.:D eve loper.,without`.written
onsent`of :,Cit or `if .Cit throw h 'its %Cit `En ineer.'determines"that the said
Y, .- y g _ Y g .....,
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 acquisiton 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 bf;any or all .streets and improvements
"..within"":the,'work :to be ''performed .iunder this.,Agreement-::shal l...be';:at .the, sole and.
�,,, 'exclus�ve'.risk :of Developer:"-=• The.:'issuance:.of =any building or '.occupancy permit
,by City for:-dwellings' -.located .wit'Ln,.the :tract - shall 'not be•`construed in any
>.?,-:matter:-to *constitute..a•,partial.:or . fina l- accept ance.. or-'approval of any or all
=such im• rovements by;,Ci,t-y, :Developer agrees`:that City'.s Building Official may
s�..'`;.:• `�:::: �r'�:: :J�'..>s ` �' :.'.�' •'I,�..•a�\.!�+f'ia�t°.'_y'' ,•{.::=.:,=
). •.! 4�f�.ii;��':•J�'�'�,/�f�1! � l� ,i.: 1.r/'•''� r l: Aw'�[t•,•;3� _�'/,'..— 4. tie '$ t . .e 4 .
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•4. „ ':w.C'i� '�` � �. Y't,r�' •'i "'Ys•.'��Y. r u.t ..j.'1y.�^4 ,.,�. '1.,��.t 'r Yf: vri' j �'`l't�y " -f _ .
•' * r��•�i � tc.�:}+ ';:*.. a.,,, r_� !,4 ... ♦ +:4. y..�a... l .>S.• r4 ..`�:'}.
J{ C�' �r.,.'i.'�;?c� ;7k ?• '•}d7 e, .4,°�.� t - Y�:i ;:�'-�� .r� �ry��< t'-.i�f��'.}�7. s9i'�F.}' ..,F- .-v iL
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�.�n4''iS�l.rko-rZr!'R . �1 R�Yi�•,t! }.J:•1�f•':1�'Fl .�r' ss3-� ._._r,�., .1�.i,• g_-IS..r3c•"�"ii::;'�";�.!�?..7i,•; ��K.t�',:R�.-i.`.-;:i•.,.:....�.+'s -t. .. - - 1
withhold the issuance of building or occupancy permits when the wort/ 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 . 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.
r'
V.. 11 ' '. Alterations'-to Plans and Specifications Any '°alteration or 'alter-
!,;ations •in.made ": . the : lans :..and specifications which are..a_',part of...this` Agreement
,- e P
� or --any -.provision of .this :Agreement'shall.-,not operate..to'release any :surity or
'surities "`from ::liability,-.on any ,bond :or _bonds attached .hereto :and :made apart
':'.'an consent 'to' make ,•'such .alterations is'hereb iven,' and `the financial
Y .g
institutions hereby waive the provisions of Section 2819 .of the Civil Code of
the .State of California.
12 . 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 everyway 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. 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 .-financial .institution
' `under'.'the bond or -bonds' shall -be liable to the City ..f or the corrective work
.'required. v
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..sp.ecifically_:eriforce the 'terms ' of this
`•' Agreement; ` and;-in `the event'-,3u dgement is entered in .said action,' the prevailing
: : party shall be entitled to .recover its attorneys' fees and court costs .
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.
'';a':. „
Mayor
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r`f hATTEST
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t�4 J:7 y.. � ,City: Clerk. :� ► (,+.JJ _)I _ .'7:Y••• J l•• 11•_ t J t ,
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Bond No. U 43 29 98
Premium: $33,338.00
GOB'.
SUBDIVISION PERFORtiIANCE BOND
WHEREAS, The CITY OF DUBLIN ,
State of California, and OLIVER DE SILVA, INC.
(hereinafter designated as "Principal") have entered into an agreement whereby Principal
agrees to install and complete certain designated public iorovements, to-wit:
Tract 4719
which said agreement, dated 19_, and identified as project
is hereby referred tc and
made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and UNITED PACIFIC INSURANCE COMPANY
as Surety, are held and firmly bound unto
CITY OF DUBLIN, CALIFORNIA hereinafter called
Obligee in the penal sum of TWO MILLION SEVEN HUNDRED SIXTY SEVEN THOUSAND TWO
HUNDRED FORTY FIVE AND NO/100THS - - - - - - - - - - - - ($ 2 ,767 ,245.00 )
dollars lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
The conditions of this obligation is such that if the above bounded Principal, his
or its heirs, executors, administrators, successors, or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions,
and provisions in the said agreement and any alterations thereof :Wade as therein
provided, on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their trust intent and -meaning,
and shall indemnify andsave harmless said Obligee, its officers, agents and emolovees,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by Obligee in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no chance, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such chance, extension
of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof, this instrument has been duly executed by the Principal and
Surety above named, on February 13 19 84
OLIVER DE SILVA, INC.
By
Principal
UNITED PACIFIC INSURANCE COMPANY
By
Rich Wassall, Attorney in Fact
Coy Y
Bond No. U 43 29 98
Premium: Included in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
WHEREAS, the CITY OF DUBLIN
State of California, and OLIVER DE SILVA, INC.
(hereinafter designated as "Principal") have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, to-wit:
Tract 4719
which said agreement, dated 19_, and identified as project.
, is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with
CITY OF DULBIN, CALIFORNIA to secure t^e
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and UNITED PACIFIC INSURANCE COMPANY
as corporate surety, are held and firmly bound unto the
CITY OF DUBLIN, CALIFORNIA and all contractors,
subcontractors, laborers, materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the
sum of rNO MILLION SEVEN HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED FORTY FIVE AND NO/1007-1;S
($ 2 ,767 ,245.00 ) dollars, for materials furnished or labor thereon of anv kind, or
for amounts due under the Unemolovment Insurance Act with respect to such work or labor,
that said Surety will pav the same in an amount not exceedinc_ the amount hereinahcve set
forth, and also in case suit is brought upon this bond, will pav, in addition to the f-ace
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by CITY OF DUBLIN, CALIFO-q-NIA
in successfully enforcing such cbl` ation, t0 be awarded and fixed by the court, c.. o
be taxed as costs and to be included in t're judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to to
benefit of anv and all persons, companies and corporations entitled to file clai-is under
Title 15 (ccmmencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation stall
become null and void; otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications acccmz an• ln._
the same shall in any manner affect its obligations on this bond, and it does hereb,7
waive notice of any such change, extension, alteration or addition.
In witness thereof, this instrument has been duly executed by the Principal and
Surety above named, on February 13 , 19 84
OLIVER DE SILVA, INC.
By
Princ� --�
UNITED PACIFIC INSURANCE CCMPANY
By
Rich Wassall, Attorney in °act
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TRACT 4719
CITY OF DU BLIN
ALAMEOA COUNTY, CALIFORNIA
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
-------------------------------------
REPLACEMENT OF SUBDIVISION AGREEMENT AND SECURITIES
TRACT NO. 4719
WHEREAS, the Final Map of Tract No. 4719 in the incorporated
territory of the City of Dublin, State of California has been presented
to and approved by this City Council , 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 original Developers agent, Larry Cy Lee has executed
and filed with this City Council a contract to improve Tract No. 4719
together with attendant securities in accordance with the Final Map of said
Tract No. 4719, the Tract Improvement Plans and the specifications attached
thereto; and
WHEREAS, Oliver DeSilva, Inc . , is purchasing this project from
Larry Cy Lee, and will become the new Developer; and
WHEREAS, this new Developer has executed and filed with this
City Council a contract to improve Tract No. 4719 in accordance with the
Final Map of said Tract No. 4719, the Tract Improvement Plans and the
Specifications attached thereto; and
WHEREAS, said contract is secured by a Faithful performance bond
in the amount of ( $2 , 767, 245 . 00 ) and a Labor and Materials bond in the amount
of ( $1, 383 , 623 . 00 ) .
NOW, THEREFORE, BE IT RESOLVED that said contract and security
be and they are hereby approved, and the Mayor of this Council be and he is
hereby authorized and directed to execute said Contract on behalf of the
City of Dublin.
BE IT FURTHER RESOLVED that the existing contract and appurtenant
securities be returned to Mr . Larry Cy Lee, subject to the property changing
title from Lee to Oliver DeSilva, Inc .
PASSED, APPROVED AND ADOPTED this day of 1984 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk