HomeMy WebLinkAbout4.07 Approva Final Map 6963
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CITY CLERK
File # D[[2][Q][{lJ-[hJ[(2]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 20, 1999
SUBJECT:
Approval of Final Map, Tract 6963 (Dublin Ranch M-2)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
4)
Resolution Approving Final Map for Tract 6963
Resolution Accepting Parkland In Lieu Fee
Reduced Copy of Final Map, Sheets 1 & 2 of 4
Tract Developer Agreement with Standard Pacific
Corporation for M-2 Neighborhood Onsite Tract
Improvements
RECOMMENDATION: ~ Adopt resolutions.
FINANCIAL STATEMENT: Standard Pacific Corporation is providing performance and labor
and materials bonds to guarantee construction of the onsite tract
improvements for the M-2 Dublin Ranch Phase 1 Neighborhood,
and will pay the cost of the associated construction inspection.
Once improvements have been constructed and accepted, the City
will incur maintenance costs for City-maintained improvements.
DESCRIPTION: Tract Map 6963 is located in the Eastern Dublin Specific Plan area,
generally bounded by Tassajara Road on the west, South Dublin Ranch Drive on the south, North Dublin
Ranch Drive on the north, and an Open Space corridor on the east. Tract 6963 consists of 45 residential
lots, private parkway landscape parcels and a small private landscape/recreation parcel (tot-lot).
A Tract Developer Agreement with Standard Pacific Corporation is required with this project which
covers all of the onsite tract improvements associated with the development of the M-2 Neighborhood and
includes street improvements, grading, utilities and the private recreation facility.
The improvement plans and Final Map for this project have been reviewed and found to be in substantial
conformance with the Tentative Map and Conditions of Approval. All of the required fees, bonds,
insurance certificates and the signed Tract Developer Agreement have been submitted and reviewed.
The street names for this project have been previously approved by the City Council.
Staff recommends that the City Council adopt the attached resolution approving the Final Map for Tract
6963.
___M__________________________________________________---------
COPIES TO:
William J. Soto, Jr., Standard Pacific c;l'
ITEMNO.-M
G :\develop\dubranch \L2Shea\agst6957
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RESOLUTION NO. ~ 99
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FINAL MAP FOR TRACT 6963
(DUBLIN RANCH - NEIGHBORHOOD M2)
WHEREAS, the Final Map for Tract No. 6963, 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 onsite Developer, Standard Pacific Corporation, has executed and filed with the City
of Dublin a contract to improve the M-2 Neighborhood onsite tract improvements in accordance with the
Final Map of said Tract No. 6963, the Tract improvement plans and specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the amount of$484,319 for onsite M-2
Neighborhood improvements, conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by a bond in the amount of$242,160 for onsite M-2
Neighborhood improvements, conditioned upon payment for labor performed or material furnished under the
terms of said contract.
NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby
approved and the Mayor is hereby authorized to sign the Tract Developer Agreement on behalf of the City;
and
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BE IT FURTHER RESOLVED that the Final Map of Tract 6963 be and the same is hereby
approved; and that rights to those strips oflands marked Public Service Easement (P.S.E.), Storm Drain
Easement (S.D.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 20th day of April, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
. ATTEST:
City Clerk
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RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEES FOR FINAL MAP TRACT 6963 (NEIGHBORHOOD M2)
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City
of Dublin, and City of Dublin Municipal Code 9.28.020, 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 ofthe subject Tract, the Planning Commission of
the City of Dublin 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 for community parks as
a portion of the City's Facility Impact Fees, and 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 Developer has paid to the City a remittance amount as prescribed in accordance
with Section 8-7.6 of aforesaid Subdivision Ordinance 1-91; furnished by the Tract Developer and
identified as follows:
Tract:
Subdivider:
Amount:
6963
Standard Pacific Corporation
$ 63,720
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WHEREAS, said fee shall be used for the acquisition and/or construction of Community Parks in
Eastern Dublin.
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 97-1.
PASSED, APPROVED AND ADOPTED this 20th day of April, 1999.
AYES:
NOES:
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ABSENT:
ABSTAIN:
Mayor
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ATTEST:
City Clerk
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OWNER'S STATEMENT'
fIlE UHOERSICOfI:D. HEREItWlf.R R(fERRED TO AS . (lWN(RS" 00 If(RESY STAlE ......1 JI.I(Y M( TH( lI'ON[RS
Of AU. _ W<<JS MlJN(AIE~ ANI! (~aMC(O W1!1<" 1><( >itA",. B_(M UNt BT TWO SHORT OASHES
UPON _ M(R'EIN (\I!lOOiEO f..AI. ....,. [l<TOHO: .111ACT B9aJ". eQNS1SlT>fG or fooR J1 SHEETS.
~i.~l~~E~~J :~~T~~E,l...~A~ile~~~~:;'f fcg:J:=M~OT~E~R':~P ....Ll~~:~
PARCELS tIlIDIOCO rOIl SAlT: SY "'tlA IIlIIIBER AHD I'R(CIS'( 11101>< NtD U"GT", mo.T SlID "'" PNlIIC\ft.ARL 1
SE1S rORm ANO llESC..9ES fIlE PARCELS Of GIlOUND RESERVEO fOR PU!lUC PURPOSES 81 T><EIR
BooNlWUES. COURS(S. NG (XltM,.
~~~~~~m!IS~~~~ ti~~ ~~E~ ~=.k~J.:. ~,~"?o'~~
_ _'''NEO III 1>1E ~ """"OWNER'S ASSOCIAlTON 'OR lTl1CT a,&-'.
THE MEA OESIGMAIEO AS PAACEL B IS A CowaN AREA fOR PRIVATE RECREAlTOM _ IS NOI MOlCAlEO
'OR USE III T><( GEMERAL PUBtIC. BUT IS TO BE OWNEO ....0 ......T...MEO 81 1lf[ NEIGHBORHOOD
HOI<T:""""'R'S ASSOCIAlTON fOR TRACT 595:l.
T\l[ NIEAS DtSICMIolID AS pMC(tS .. C. O. (. 11<0 f ME COIIIIOM AREAS _ ME NOT IO[!II' DEJllCAlID fOR Ir;[
BY ~[ (;'[N[RAl PUBUC. 9UT ARE FOR me: USE Of mE COtNUNlfY HQUEO'IIINER"S MSOCIAlION roR lH[
CONS1RUCllON MO NAINlt.HANCE. or l..AHOSCAPlfiG AND All APPURTt..,WoICE.'S TO THE lANOSCN"fHG.
AU tt4 N:.CORtWfCE wrnI mE S1J8OMSION RESTRlCOONS CO'r.i!:RNING THIS NfO SUBSEQUENT PROJECTS.
::~~~.~~~ roio:,c;rP\l~~S==:o..~~,;;~~ ~~~
LANOSCAPlMG. ANO UMllElICROUNO IIlTUTY STRUCTURES, IMCLUOtt<G TRAffIC SIGNAl. APPI..llD....CES.
THE AAOOl WRl<ED . ENUGEMCT 'lWICU ACCESS EASEIIUfl" (E'IA[) AS _ UPON SlID MAP ARE M[R(1ll
DEJllCAT(JI TO T\l[ PUIIUC. SL'Il tASE\ItHIS NlE fOR T\l[ PUFOSE or _SS _ (Gll[SS or E\IIJ!GDfC'f 'oOICll5.
~ :S=~. ':s .~~S~:::&.s=;m...:g ~r'=M~ESpgs~ ~~
WATtR HfO SAHlfIRT SEWER PI.OIPOSE5. 1NCl00llfG ACCESS THERETO. fOR _TOM. ....NT[NONC(. RWMI -
MP\JCOI[IfI" or WORKS, ....RCM\I[IfI"S. AND SfRIICTllIIES. AIIO T>I[ CI.IAAWOll or OBSTJl\JCTIOffS AND VCGEWIOO.
NO BlJl'l..DJNG OR STRUCTtRE YAY BE -f'LACtO ON SNO IEAS(UENl+ N~ ~ Nf'ffifINIQ 9E DONE THEREIN,
NOR 1CCE5$ RESllaCfED mtREfO WHICH' WAY ...'I'ERFt~ W1TM DSRSD'5 ruu. [N...IO'I"U[Nl' or SND USEwtNT.
THOSE SfIIPS or tNfIl OESIGNAm! AS . SfORU _ EASENEMl" ISM) AS 5"""'" UPON SAIIl MAP M( HER(BY
IlEllICATtO 10 M 1'UE!UC fOR 1M[ IIICHI 10 COMSTlllJCT. _INN AIflJ REPLACE Sl_ IlIINIf .IOUTItS -
APPURTENOHCE5, UNDER. OM ANtI OYER THOSE 51RIT'S or l..'HO.
lHOS OW' SHOWS AU. (.OS[/I[1fI"S OM 1>1E PR[NJSI:S OR or RECGRO,
IN WITNESS WHEREOF. THE UNDERSIGNED HAVE [)([CUTED nlls STATEMENT mi TH[ _ D'r,Y (]IF"
. 1I...1L.
STN<DMll PAClflC COIII'. A IlElM'ME 00IlP0IWl0If.
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WIiC'I-IAU c. CORrNE'I'
nnE: .AUTHOAI7rn RrPRrYN'AT.M'
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~ ACKNOWLEDGMENT'
'lJroRHlA I I.
_' BHOR[ NE. A H01MY puauc IN NfD roo: SM) COUNTY
n':fR~rir~~.J',ORTU=:..c~) ~~lif'T\€ ~~N1f.J.~~~1<is ~~~
..STJIIJIoOEIfI" ANI! ACKMOWLEDGtll TO I.IE T><AT HE utC\J1EO _ SAIoIf: IN "S -"JfOOIlllEO
NO mAT BY HIS 'S'\GMAllJR[ ON THE mSt'AUWENT tH[ PERSOH. OR ENTITY uPON BEtW.T Of'
PERSON 1oCm!. meum! lH[ "IfSfRlIIIOIT.
.....E (PR..TtO).
MJ"I'M't PU!UC II 1M) FOIII M ctUfI1
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SURVEYOR'S STATEMENT'
1+ R'09E~l C~ . STAl[ THAT THE SUBOM'SlON SHOtI'M ON THIS UN'
IS WIlE fROY A SU""l:T UMllER IIY DOR'ECTlOIf DUllING lHE 1I0NI>< or
MARCM. \ 190: l....T I><E S\Jft'OEl tS TRUE ....0 COI.OPLETE AS S..ovrn,
mAT THt UOMJW[NtS OF' tHE CHARACTER 'S'H'O'ft'N' ON Tli( "HAL UN'
ARE SUTnC'(MT 10 EMABLE lTIE SURVEY TO BE RE nw:EO 011 W1LL BE
SE. f I'M TlilE POSlnO"*S IfIIOIC;Alt:O J'RlOO TO ltflE ACcrrTAHCE OF mE
lWPl\(M;lItMTS. AND TH'" THE MEA IS a.s85 ACllES, ~ OR USS.
DATT:O:
PlOBERr CHAN. l. S. rfD. 5-412
REGlSTT\AlIDIf EXPIRES: 1/ JO/OG
CITY ENGiNEER'S STATEMENT'
I HEREBY STA.T( mAT 1 HAVE EMUJlN{1J nus wp UHl1lElJ -lRACl 16"9 is r-
AND THAT THE. 5UBDM'5-1OH AS SHOWN IS IN SUBS1 ANTW. COMPUAHCE
WITH THE: T[NTATIY[ ...."'" OF!: mr APFROVro All{.RATIONS THt"REor.
:~ n~ ~[lC~~I~rr~H::-[;;~~~S:~'1~~~[~~~~~~~
-or l'HE SUBOMSION MAP ACT .AND \..OC"""" ORDINANCE AND lS
TtClfMIC.OU.l CORRECT.
DATT:O:
LEt S. lHOWPSON. CWi ENGINEER
R.C.E. No. 19.3-43, RECl'SllVlllON
E..,RES: S!:PIEII9ER.3O. 200 1
VICINITY MAP
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CiTY CLERK'S STATEMENT'
~~ '1r~,:OOf~~"'iK.~~TA~J;..,": ~ =-
'EU'BOOItD FINH,. MAP [Nl1n.EO "-n:w;, en.]"'. COH:SIsnN(;: (IF' roUR (4)
~[~~f~~~C~:~ A~N"F:J~~H~:~O~
:::~~ SL'Il "'"' _ 010 .id:pf;LSU~CT~ ~. ':
BE...... or T>f[ PUBUC. N..!. P\JIlUC SElMCE [ASEWOOMPS(). STOIN
~~II~ ~J"~~T::~~~r U(1fI"S ([VAt)
, "IIlTK:R ST<Tt T><A1 AU. AGR[EtlEMTS mD SUR[11 AS REO\IIIIETJ III
LAW TO ACCQUPN{Y mE In""," nH...... NAP HAY( &ElM APPRUYtD Ifn' TIlE
CITY COVIfCII. Of THE C'TY or O\J9UM mo ARE 'UO 1M IIY orneE.
IN WIlN[SS WHEREOf. I H:A~ 'H['FfEUNlO SET II'f l<WfD lHlS OAY Of
.1~. -
!fAr ICECIC, CIIY CURK ,Q(} (lfRK or
mE tOU:NOL. or lH[ em or DU9UN,
COIJM1'Y OF ~ STArt or UUmtM
.
PLANNINC DIRECTOR'S STATEMENT'
THtS WrP CONrOR\l'Si TO (HE TtH1 AIM I.W' AAD CQRRtSPOPfOIfC COHOIn0N'5
AS """"""-'ED III T1JI: PLANN1MG COIII/ISSIOH. TlIIS MAP lIAS lIEEH omotwl'D
81 101[ ANO 1>1[ CCNDOfiONS or APPR<ML ....VC BEEN SAfisnEO.
DATtO'
EDDOE PEABOOT. ,R.
SECRET'" or T\l[ I'\JINjC COIIu5SIOIl
CLERK 0,. THE BOARD 0,. SUPERViSOR'S STATEMENT'
" CA'I"Sf N.. 1<. HI$H1OA., CLERK OF" -m[ 9Qr.I,RO or SlJlP~A'1i1-SORS or THE
COUH rt or 1UJJ[DA, STAlE Of CAUfOlllM, 00 HER(SY STATt. AS ~c.tD
Bl:lOW. 1liAT~
D
m APf'RO\I'tO BOND HAS BEEN nuo W1ni 1l([ 'StrPERVI'SORS
0"" 'SAID COUNTY ANO STAll[ IN THE ~0lJtfT or 1
CONDITIONED rOR tHE PA"fU[HT Of ALL l.ut:5 ...,~
ASS[S5'lEN IS COlJ..[CTtO AS TAXES. WMlCM AR( NOW A U(M
~pt5l SA/IJ lNC O'R NI'f PNU n-rrnECf" 1M N01 m PAYil8lE.
NfO W~ DtIL.., IP"R<M:D B'I" SW 90IrAD IN- SAIO AWCIlI'ttT.
IU. l...xES NfD SPECw. ~S'ESSW["'TS cOU[crro ,I.S l AXES
HAVE BEEM PAlO AS CER""E!) BY 1><[ mEASURER- TAX
-tOLUClOR 0'- lJ.l[ COUf'iITY or HAWEOA.
D
1\1 WlTN(SS WHER[or, I HA\I't HER(UNTO SO V'I' HAND nos.
_MYOF'" .lIM.
CRYSl AI... K HF9i1DA
ell Rt< OF" THE BOARD or SUPERVISORS
COUNTY or N.../tJolEOA.,.
STArr Of t.'Ur0RNlA
81:
OEPUTY Cl[RK
COUNTY RECORDER'S STATEMENT'
fNllEfcJ.cM R[C~ ~~PfJ.:lsor , 19->>.. AT _w..
_RlCAlf""iffiT GllAANfIEE COIIP""".- AT TH( RE<lU[ST Of ""SI
F'([: I N SERIES No..
PATRICK O'CONNrL 1
COON rr "R[COftOER It >>10 fOO 'HE
COUNTY Of .........EDA, STATt Of CAUfORtf"
lIT:
OEPUN t.OUN IY RECORO{R
STATEMENT 0,. sons REPORT'
~ SOIL N1D CEOlECHNlICR. 1NViE511GA1lOH' AND REPORT OATEO JUNE . 9~
1915. WAS PIIEPARED 81 BERtOOAA GEOlE(H",CN.. CGNSUI. TmTs. JOB
No. 1394.10'. ~ nun WItH. lH[ (:1"'" Of DU~, CAUf~
TRACT
6963
A SUBIl1YISIOH OF LOT 71 OF TRACT e957
AS FILED IN BOOK __ OF NAPS. AT PAGES _
1IE1/IG A PlJRTlON OP RANCHO SAN RAMON
TOW NSHlP 2 soum, RANGE lEAST, 11.11. B. I: II.
CITY OF DUBLIN
ALAMEDA COUNTY. CALIFORNIA
IlACKAY. SGOItS
tI""-~~~1iIIO
~ CA It1!l1 ~ 121-_
APRiL, 1999
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1 " ~-; \ -- R=~OO' 6=!i4'20'2S" L=JO 3D.... Elt!DY :.' \\ 4 \ 1
I ' ~ \\ R=382' 6= 17'3b8" L=1l7.l"l' BNDY.< ! \\ \~ " PARCEL 'P' !
I \ \~ ',\ ! <. , \\ 1.;:1 \ TRACT 6925 i
' R=S36.oo' \ ~ \ I" \ \ -a\'do \ 241 M. 39-52 :
I 1l=03'02'21" \ ~~ ... 6'3&'11"[ 38.08' BNOY. -- \\!d.~ \ _--- l
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11 N4\'34'5J"[ 2~.72' BNDY. ' \ ---- ,----- -'_ TRACT 6951 ' _..).'/_..J' N~3'S3'SI"W 20.88' aNOY. 1
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1 I I . ::; - PARCEL 'I' '
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REFERENCES
(R-Il R!:l:lRl or SIJIKY NO. 11m. IUD fEBRIIMY ~Im llIl II 1l005., PI:. Jl-~I,
~ OOUNTY.
(R-l) TRotl 1t25, lUll ,au II. '1M !lit 2<1 .APS, PI:. 31-52, IUIIEnA CWNTY.
(R-J) IlIACI "51, FUD _ 199IIllIl _ YAPS, PI:. _-_ Il.AIIml ClIUNTY.
BASIS OF BEARINGS
D1E IlENlIIG or "03'20'161 AS _ ON "' IOOIU/[]OI lJIIE II' ll5SlJMA
ROJO !'Ell R[OOAD II' 9JR\{y IIAP 110. lOllS (1-') - FWI rnlIIUMY I.
'H3. .. lOOC II II' AroJlO or !UM''IS l I PlaS J1- 51, .u>IEDlCOAlTY
llEctIlDS, lIAS 1_ as K BlSIS II' IIWlIlCS FOIl 1I!IS Ylp.
..!]-l'!In fel"
P:i\I6OJ.'6'6-3-~\f''''''.
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I) IHS FNt. "'" IS IDlC FW '" toIIPIJIHCf:
11\D1 sttnllMS 15433 IIIIIOUCH I54U or 111:
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1) NJ CEJIfI1CATIOII IS IWJ[ ll't ms RNIC. IW'
_ TIf: lOClOON !IF EHClIlllCHllOnsl
IlIPRO'oUIElfJS lMI .." 1IR ...... NJ1 EIlISF ON.
lMII, ICIIOSS 011 HEM 111: SUlLl:er I'AOPERIY
OlIO lIWI TIUSE IIUEllENCEJI IOEON.
J) 111: _ mu r/FORIM!ION (OO\INIWIY NIl
NIl !JISOIOOS) UPON 1lIIOI ms ~ I6'f' I!EW
IllS PIIlMlE!I ll't IIRST AIIEIIICNl nil[ COlI'NN.
15111 0lIEHS OIIM:. PWSIII1llH. 0 t~5M, III ns
0- IID'ORF No. 5!lmJ" 1SSW11I\1II M
EFFEer..,; Ql,1[ or OCTOBER 11, I HI.
1OO11CH1. R[SEMCH rOIl DTlO EHC\IIIIlIW.l:ES
II'IS NOT IIWI COHlIUC1ElI ll't llIO.Al' I SOIII'S.
0) OISIMCES SHOWN ME CIIOlHI IIISTN<CU.
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TRACT
6963
A SUBDIVISION OF LOT 71 OF TRACT 6157
AS nLEO IN BOOK _ or IIAPS, AT PAGES
BEING A PORTION or RANCIIO SAN RAt.lO;--
TOWNSHIP 2 SOUTII, RANGE I EAST, II.D.8. Ie N.
CITY OF DUBLIN
ALAMEDA COUNTY. CALIFORNIA
IDAclCAY. SODIPS
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APRil, 1999
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
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This agreement is made and entered into this..22Rd day of -Mareh, 1999, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
STANDARD 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 Tract 6963 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 98-58 adopted on December 8, 1999, 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. 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 a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $484,319.
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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 $242,160.
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. Comorehensive 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.
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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
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
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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. Aoreement Assionment. 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.
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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 nepessary 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.
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11. Patent and Coovrioht 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. Develooer 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
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.
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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 Periormance and Labor and Materials Bonds shall be liable to the City for the
corrective work required.
c. Litioation 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
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ATTEST:
CITY OF DUBLIN
By
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Mayor
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City Clerk
DEVELOPER
STANDARD PACIFIC CORPORATION,
A Delaware Corporation
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STAlE OF CAUFORNlA
COUNTY OF Alameda
On 4-9-99
before me,
persOnally appeared William J. So'to Jr.
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Sandra J. Herauf
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personally known to me (ar.provea-
to-m:c em the 0<'';'-': gf &3tisfad6ry cvid~) to be the person{s) whose name(s@.re subscribed to the within
instrument and acknoWledged to me lh@/She/they executed the same ir@;er/lheir authorized capacityfieS}."'
and that b@er/their signatureW-on the instrument the person~r the entity uPon ~half of whidl the
person(sra-cted. executed the instrument
WITNESS my hand and official seaL
s;gna1ur~~CW- ~ UJvU{
(This area for official notarial seal)
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