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HomeMy WebLinkAbout4.04 Approval Final Map Tract 5616 RESOLUTION NO. -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP TRACT 5616 BRIGHTON MEADOWS WHEREAS, the Final Map for Tract No. 5616, 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, Brighton Meadows 89, has executed and filed with the City of Dublin a contract to improve Tract No. 5616 in accordance with the Final Map of said Tract No. 5616, the Tract Improvement Plans, and the specifications attached thereto; and WHEREAS, said contract is secured by an Irrevocable Letter of Credit in the aggregate amount of $429,000; said amount guaranteeing the following: $286,000 for the City of Dublin, conditioned upon faithful performance of said contract. $143,000 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. NOW, THEREFORE, BE IT RESOLVED that said contract and Letter of Credit be and they are hereby approved; BE IT FURTHER RESOLVED that the Final Map of Tract No. 5616 be and the same is hereby approved; and that Brighton Place and Brighton Court, as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted as City Streets, and that those strips of land designated as "P.U.E. " or "Public Utility Easement" 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 24th day of February, 1992. AYES: ' NOES: ABSENT: Mayor ATTEST: City Clerk a: (corres)\feb\res5616m 4 i t N 5 � gSOLLMW aA2Wi0G hnJ4LMAP RESOLUTION NO. -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARKLAND IN-LIEU FEE TRACT 5616 BRIGHTON MEADOWS WHEREAS, pursuant to Chapter 9.28 of the City of Dublin Municipal Code, each subdivider of land classified by the City of Dublin Zoning Ordinance for residential use shall, as a Condition of Approval for 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 City of Dublin did determine in accordance with Chapter 9.28 of the aforesaid Municipal Code 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 Chapter 9.28 of the Municipal Code, furnished by the Tract Developer, and described as follows: Tract: 5616 Subdivider: Brighton Meadows 89 Amount: $134,489 Tentative Planned Use: Park and recreation facilities which benefit residents of Tract 5616 NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said Subdivider's obligation under Chapter 9.28 of the aforesaid Municipal Code. PASSED, APPROVED, AND ADOPTED this 24th day of February, 1992. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (corres)\feb\res5616p �. . 71 1 12 9 , CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this day of j 1992, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Brighton Meadows 89, a California Limited Partnership, 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 5616 in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution Nos. . 86-053 adopted on September 15, 1986 and 89-014 adopted on April 03, 1989; 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. Letter of Credit Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Letter of Credit in lieu of a Faithful Performance Bond and a Labor and Materials Bond. The Letter of Credit shall be in a form prescribed by City, and shall be issued by a company duly and legally licensed to conduct business in the State of California. The Letter of Credit shall become a part of this Agreement. Developer and the City agree that the Developer shall deposit with City an irrevocable Letter of Credit in the aggregate amount of $429,000. Said Letter of Credit shall be in lieu of Faithful Performance Bond ($286,000) and Labor and Materials Bond ($143,000) specified in Paragraphs 2(a) and 2(b) of this Agreement. . It is further agreed that the Letter of Credit shall be renewed on an annual basis, Page 1 .: unless the bank notifies City, in writing, not less than thirty (30) days before expiration of its intention not to renew. Should bank choose not to renew said Letter of Credit, as provided herein, Developer and City agree that City reserves the right to collect the total amount, in cash, on Letter of Credit to hold as security for Developer's work required by this Agreement and the Improvement Plans for Tract 5616. a. Faithful Performance Bond. Developer shall furnish City with a bond or Letter of Credit conditioned upon the faithful performance of this Agreement, said bond or Letter of Credit to be in the penal sum of $286,000. b. Labor and Materials Bond. Developer shall furnish City with a bond or Letter of Credit conditioned upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond or Letter of Credit 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 or Letter of Credit shall be in the penal sum of $143,000. 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 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. Page 2 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. 5. Inspection 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 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 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 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 Page 3 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. 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 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. 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 1 Page 4 event judgment 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 Mayor ATTEST: City Clerk DEVELOPER Brighton Meadows 89, a California Limited Partnership By G -� Page 5 CALIFORNIA NATIONAL BANK DATE: FEBRUARY 13 , 1992 OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-53058 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE CITY OF DUBLIN 100 CIVIC PLAZA DUBLIN, CA 94568 ATTN: LEE THOMPSON (DIRECTOR OF PUBLIC WORKS/CITY ENGINEER) GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR ACCOUNT OF BRIGHTON MEADOWS 89, A CALIFORNIA LIMITED PARTNERSHIP C/O PAN CAL INVESTMENT CO. INC. 4125 BLACKFORD AVE. , SUITE 200 , SAN JOSE, CA. 95117 UP TO AN AGGREGATE AMOUNT OF US$429 ,000. 00 (U.S. DOLLARS FOUR HUNDRED TWENTY NINE THOUSAND ONLY) AVAILABLE BY YOUR DRAFT(S) DRAWN ON OURSELVES AT SIGHT ACCOMPANIED BY: YOUR CERTIFICATE SIGNED BY THE CITY MANAGER OR CITY ENGINEER STATING: "THE FUNDS ARE DUE IN CONNECTION WITH CERTAIN PUBLIC IMPROVEMENT AGREEMENT DATED FEB. 13 , 1992 BETWEEN BRIGHTON MEADOWS 89 AND THE CITY OF DUBLIN AND APPROVED PLANS FOR TRACT 5616" SPECIAL INSTRUCTION: 1 . IT IS A CONDITION OF THIS IRREVOCABLE LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE UNLESS THIRTY DAYS PRIOR TO SUCH DATE WE SHALL NOTIFY YOU IN WRITING BY REGISTERED MAIL AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. HOWEVER, THIS CREDIT SHALL HAVE A FINAL EXPIRY DATE ON FEBRUARY 13 , 1998 . 2 . THIS STANDBY LETTER OF CREDIT SHALL BE INCREASED BY 5% COMPOUNDED ON THE OCCASION OF EACH ONE YEAR RENEWAL. ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CREDIT DATE AND NUMBER AND BE PRESENTED AT THIS OFFICE NOT LATER THAN FEBRUARY 13 , 1993 . 1 601 Montgomery Street 2858 Stevens Creek Bouleva San Francisco, California 94111 San Jose. California 95128 r 4 (415)399-8000 (408)984-7878 ` y" �' `s;s_..-, CALIFORNIA NATIONAL BANK THIS IS AN INTEGRAL PART OF OUR STANDBY L/C NO. S-53058 THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) . INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED. YOURS VERY TRULY, AUTHORIZED SIGNA HORI/Z SIGNANURE v 2 601 Montgomery Street 2858 Stevens Creek Boulevard 429"J"Street San Francisco, California 94111 San Jose.California 95128 Sacramento.California95814 (415)399-8000 (408)984-7878 (916)441-7878 Cos-to, S,�fofko \`/Y 'O a C, \1 i 04. < ��\1 C (� I r � PR�prl PY �O 111 1` L �PT \ �t 11 1 �ICKLpM EBE \f 1 4 9 EVER�Y lM t � CA 0 4 MURRAY ELEMENTARY WY' 1 Ot c SCHOOL I 0,014A \\ \ \ \ pV cR, DAVOMA D1L I 1 \ \ \ \ _14 ~ LIYERICx AVE. 1 Lx \ \ s .RUSH 4VE. F.� CTDIf � IS�iFIE�D C T. � cs 'J u DR. C 4AOFpp DR \ \ \ KOLB PARK \ . ` pp PLBRIGHiOM I DF <Z \``\ \ \ N CT. �� F ^y \ \ \ \ LD < I OIANA LM CT R \ \ \ D.Li 5.O. 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