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Home My WebLink About4.06 ApprvlPrclMap7163 CITY CLERK File # D~][LJ[Q]-@~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 21, 1998 SUBJECT: Approval of Parcel Map 7163, Winning Action Investments Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Resolution Approving Parcel Map 7163 Reduced copy of Parcel Map 7163 Tract Developer Agreement RECOMMENDATION: /~ Adopt resolution approving Parcel Map 7163 FINANCIAL STATEMENT: The developer is providing performance and labor and materials bonds to guarantee construction of the street, grading, and utility improvements and will pay the cost of construction inspection. Once the improvements have been constructed and accepted, the City will not incur additional maintenance costs for the City- maintained improvements, as the street has previously been accepted. DESCRIPTION: Parcel Map 7163 is located on Houston Place just east of Dougherty Road and consists of two parcels: Parcel A) is a 30,433 square foot lot for an existing commercial development. Parcel 2) is a 22,766 square foot lot for a proposed 9,000 square foot industrial building. Parcel Map 7163 includes an offer of dedication of public easements and-is, therefore, being brought to the City Council for approval. (Under the City's Municipal Code, Parcel Maps not offering dedications may be approved by Staff.) The improvement plans, and Parcel Map have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval. All of the required fees, bonds, insurance certificates, and signed Tract Developer Agreement have been submitted. Staff recommends that the City Council adopt the resolution app!oving Parcel Map 7763 (Exhibit I) ----,--- ----_._-_..,~------ ----- ------------------------------------------------------------------- COPIES TO: Winning Action Investments, Dublin, CA ITEMNO.~ g:\develop\huston\agst7163 RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PARCEL MAP 7163 (WINNING ACTION INVESTMENTS) WHEREAS, Parcel Map 7163, in the incorporated area City ofDubJin, 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, certain public improvements within Parcel Map 7163 are offered for dedication to the public; NOW, THEREFORE, BE IT RESOLVED that Parcel Map 7163 be and the same is hereby approved; and that rights to areas marked as Public Service Easement (p.S.E.) and Emergency Vehicle Access Easement (E. V .A.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 21st day of April, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor Pro Tempore ATTEST: City Clerk -KJ:¡4~2i-98/~eso 71 èd~c- g:\d~\'elop\huston\reso7163 EXHIBIT 1 tj~v: -'-~--=~- ~;¡' '"' (00--::) r 9' t:J ~ <D!oJ . .111- 0 ;.... '¡g ¡,. 10 . '+ .... on 10 N ~ ... '!j ~~Ñg w. &; _ O-C!. 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"'- ¿. ~.: ~~ I"~.:.. ll,"~,Y\;~'~' ~~~:. ~;/ ' - ~ < u en g ¡¡: < '" " o G ~ ~ . o -;¡ . u ~ o N CITY OF DUBLIN PARCEL MAP DEVELOPER AGREEMENT ...6. This agreement is made and entered into this _ day of , 199B, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and WINNING ACTIONS INVESTMENTS, 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 7163 in accordance with the requirements and conditions set forth within the City of Dublin Community Development Director Resolution No. 07- 97 adopted on September 09,1997; 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 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, on 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 u__..J>b.§l11 fur_nish City with a Faithful Performance Bond and a Labor and Materials Bond. Each bond shall beina-forITlpréscribed 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 a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $ 66,000. Page 1 ~tF,!\, ~¡OFkP¡¡,\~ \.". i'~é:")f'r~ ~ , ... -~.. - ~ -3 -..'"; b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned. upon payment of all Giaims . 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 $ 33,000. 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 Giaims 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 Giaim, 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 vehiGies, and each and every policy must contain a cross liability of severability of interests Giause. 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 __LlI}der toe terrns_pf thi~_cof!tra--ºt,_ and~~.?ll g_u_ara!l~e_ and maintain the work for a period of one (1) year following the completion and acceptance thereof ·againsCa-ñýaefective 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 Page 2 ..... 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, waming 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 otheLsafety 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 P"np ~ 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 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. 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 Perfonnance 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 . n __ seeks~ to.speçific:ally ~nforce. the Je..nns _ of thls~Ag.reemeJlt, and, in th.e .ev.ent judgment Ls. 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. Paç¡e4 ATTEST: .-- -. - City Clerk . CITY Of DUBLIN By Mayor Pro Tempore DEVELOPER B~~ rI ¿: ~~ß- 1 ( j¡{;cls1ofl ...,.- T/? r3. 0 , Type or Print Name o vJ}..fe- )... Title Page 5