HomeMy WebLinkAboutItem 4.5 Amend TDA Tr7075 CTTY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 1~ 2003
SUBJECT: Amendment to Tract Developer Agreement, Tract 7075
(Tassajara Creek, Phase I - Greenbriar by GHC Investments, LLC)
Relgort Prepared by: Lee S. Thompson, Public ~Vorks Director
ATTACHMENTS: l) Resolution Amending the Tract Developer Agreement
for Tract 7075, together with Exhibit "A" of Resolution
2) Original Tract Developer Agreement with GHC
Investments, LLC, for Tract 7075 improvements
3) Location Map
RECOMMENDATION:/7 ,,q/ Adopt Resolution extending the completion date of the Tract
Developer Agreement for Tract 7075 to April 16, 2004, to coincide
with the proposed completion date for Tract 7279, which is Phase II
of this same development
FINANCIAL STATEMENT: GHC Investments, LLC, has provided a Performance Bond and a
Labor and Materials Bond to guarantee construction of public fight-
of-way improvements, including landscaping, and required site
improvements, and will pay the cost of the associated construction
inspection.
DESCRIPTION: On April 3, 2001, the City Council via Resolution No. 48-01
authorized the Mayor to execute a Tract Developer Agreement with GHC Investments, LLC, for public
fight-of-way and site improvements associated with Tract 7075. This subdivision is comprised of 126
single-family and clustered units located in Eastern Dublin, west of Tassajara Road. Per the Agreement,
the developer was allowed 420 calendar days to complete the improvements:
Although the improvements are nearing completion in accordance with the approved plans and
specifications, certain improvements will not be finished prior to the expiration date of the Agreement.
The City Engineer has determined that it is in the best interest of the City to extend the Agreement. The
improvements will continue to be guaranteed by the original Performance Bond and Labor and Materials
Bond, and the Developer's insurance ~vill remain in effect as required by the original Agreement.
Staff recommends that the City Council adopt the Resolution extending the Tract Developer Agreement
for Tract 7075 to April 16, 2004, to coincide with the proposed completion date for Tract 7279, which is
Phase II of this same development.
COPIES TO: Partick Costanzo, Jr., GHC Investments
ITEM NO. ~
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RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 7075
(TASSAJARA CREEK PHASE I
BY GHC INVESTMENTS, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT") on April 3, 2001; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 420 days following the date of execution;
and
WHEREAS, since the improvements will not be complete within the timeframe anticipated in
the original AGREEMENT, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT to April 16, 2004; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set
forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that the Amendment (Exhibit "A" of this
Resolution) to the Tract Developer Agreement for Tract 7075 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 1 st day of April, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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EXHIBIT "A" OF
RESOLUTION NO. -03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7075 (TASSAJARA CREEK, PHASE I - GREENBRtAR)
BETWEEN CITY OF DUBLIN AND GHC INVESTMENTS, LLC
WI:IEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC
(hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement (hereinafter referred to as
AGREEMENT) on April 3,2001; and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 420 days following the date of the execution; and
VqI-IEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion
date to April 16, 2004; and
WHEREAS, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth
in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall
remain in full force and effect; and
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended to
April 16, 2004.
CITY OF DUBLIN
ATTEST: Mayor
GHC Investments, LLC
City Clerk a Delaware limited liability company
By: Greenbriar Homes Communities, Inc.
A California Corporation
Ronald Mukai
Its: Vice President
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CiTY OF DUBL)N
TRACT DEVELOPER AGREEMENT
between the City of Dublin, a municipal corporation, hereinafter refe-~ed to as "CITY'°, and
G.HoC. )nvestments, LLC 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 certain public
improvements shown on Tract Map 70?5, in accordance with the requirements and
conditions set forth within the City of Dublin Planning Commission Resolution No. 00-10
adopted on February 22, 2000; 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 as
described in Exhibit "A" attached hereto 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:
1o Completion Time. Developer will commence the work required by this
Developer shall complete said work not later than four hundred twenty (420) 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 condk~ct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
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ao Faithful Performance Bond. Developer shall furnish City with bonds
conditioned upon the faithful performance of this Agreement, said bonds to be in the total
penal sum of $ 3,967,690°
b. Labor and Materials Bond. Developer shal~ 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 bonds shall be in the total penal sum of $1,983,845.
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 ~V 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
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,
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5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works DirectodCity 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 a!! 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 for more than sixty (60) days, or if this Agreement is assigned by Developer
without written consent of City subject to Section 17.1 of the Development Agreement
between the City of Dublin and G.H.C. Investments, LLC, 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, land 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 alt 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
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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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 d~signated 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
O'r may be caused by conStruction, operations, in connection with 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, except for negligence or willful misconduct of the City.
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 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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14. INDEMNIFICATION. DEVELOPER agrees to indemnify, defend and hold
harmless CITY, and its elected and appointed councils, boards, commissions, officers, agents,
empoyees, and representatives from any and'all claims, costs (including legal fees and costs)
and liability for any fines or penalties which may arise directly or indirectly as a result of
DEVELOPER's not filing a Report. of VVaste Discharge with the Regional Water Quality Contro!
Board ("Board") in connection with the construction of the storm drain outfall for Tract 7075.
a. City Cooperation. If CITY is named as a party to any legal action
(including any administrative enforcement proceeding), CITY will cooperate with
DEVELOPER, will appear in such action or proceeding, and will not unreasonably withhold
approval of a settlement otherwise acceptable to DEVELOPER.
b. Surviva~ Provisions. The provisions of this section shall survive
completion of the work required by this agreement and acceptance of the storm drain outfall
by the CITY. The provisions of this section are applicable to any costs (including legal fees
and costs), fines or penalties imposed as a result of any action (including any administrative
enforcement proceeding) commenced by the Board within the applicable three (3) year statute
of limitations period for actions based on the Porter-Cologne Water Quality Control Act related
to construction of the storm drain outfall.
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 DEVELOPER
GHC Investments, LLC
a Delaware limited liability company
By: Greenbriar Homes Communities, ~nc.
a California corporation
Its Manage_r
" .~ Mayor Patrick Costan~o,f~3r.
Its Senior Vice President
ATTEST:
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