HomeMy WebLinkAbout4.05 VillasSantaRita Map 7125
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MARCH 3,1998
SUBJECT:
'Approval of Tract Developer Agreement for
Parcel Map 7125 (Villas at Santa Rita)
Report prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1) Resolution Approving Tract Developer Agreement for Parcel
Map 7125
2) Tract Developer Agreement
~ Adopt resolution approving Tract Developer Agreement 7125
RECOMMENDATION:
None at this time. Once the street improvements for Dublin
Boulevard, Hacienda Drive, Hibernia Drive and Central Parkway
have been installed and accepted by the City, the City will accept
maintenance of the improvements.
. DESCRIPTION: This project is located east of Hacienda Drive and north of Dublin
Boulevard and includes 324 apartment units.
FINANCIAL STATEMENT:
The Parcel Map was approved by City Council on October 21, 1997 with City Resolution 124-97 and
found to be in conformance with the Tentative Map and Conditions of Approval for the project. The
property has now been purchased by Security Pacific Corporation (Developer) from the Alameda County
Surplus Property Authority; subsequently, the Developer must enter into an Agreement with the City to
complete the public improvements. The Developer has provided Faithful Performance and Labor and
Materials Bonds for the required improvements specified in the approved Developer Agreement and
Conditions of Approval.
Staff recommends that the City Council adopt the resolution approving the Tract Developer Agreement of
Parcel Map 7125.
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COPIES TO: Security Pacific Corporation
ITEM NO. As
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RESOLUTION NO. - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
'" '" '" '" It It It '" '"
APPROVING TRACT DEVELOPER AGREEMENT
" FOR PARCEL MAP 7125
WHEREAS, the Parcel Map 7125, in the incorporated territory of the City of Dublin, State of
California, was presented to this City Council for approval on October 21, 1997, all in accordance with the
provisions ofthe Subdivision Map Act of the State of California and the City of Dublin Municipal Code;
and
WHEREAS, agreements and securities for development were to be provided upon future transfer
of property; and
WHEREAS, the property has now been transferred to Security Pacific Corporation as Developer;
and
WHEREAS, the Developer is now seeking further approvals to proceed with the project and has
submitted a signed Tract Developer Agreement together with securities to guarantee the completion of
public improvements.
NOW, THEREFORE, BE IT RESOLVED that the Tract Developer Agreement of Parcel Map
7125 be and the same is hereby approved, and the Mayor ofthe City of Dublin is hereby authorized to sign
this Agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of March, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
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 _ day of , 1998, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Security Pacific 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 Parcel Map
7125 in accordance with the requirements and conditions set forth within the City of Dublin
Planning Commission Resolution No. 05-97 adopted on May 27, 1997; 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 improvemen.
within the time hereinafter specified, and City intends to accept Developer's offer(s) 0 .
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 Developer
Agreement 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 bondS.
conditioned upon the faithful performance of this Agreement, said bonds to be in the penal
sums totaling $1,177,814.
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b. Labor and Materials Bond. Developer shall furnish City with bonds
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bonds 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 bonds shall be in the penal sum totaling $589,006.
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.
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 designated representative for the safe and
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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 wit~
the plans and specifications, and all such materials and or work shall be removed promptly bYW
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
witnout 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 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,
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1 O. 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 Copvriaht 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. Liabilitv.
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
hannless 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. Desiqn 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 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 attorneys' fees and
court costs.
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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
By
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