HomeMy WebLinkAbout8.4 ArmstrongGardenImpvAgm CITY CLERK
File# 600-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: FEBRUARY 4, 2003
SUBJECT: Approval of Improvement Agreement with Armstrong Garden
Centers for Portion of Amador Valley Boulevard and Required On-
Site Improvements, and Agreement for Long Term Encroachments
Within the Public Rights-Of-Way
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution Approving Improvement Agreement
2) Improvement Agreement
3) Resolution Approving Agreement for Long Term
Encroachment
4) Agreement for Long Term Encroachment for the Landscape
Feature at the Comer of San Ramon Road and Amador
Valley Boulevard
5) Location Map
6) Street Comer Accent Feature exhibit
RECOMMENDATION: 1) Adopt resolution approving the Improvement Agreement for
'"~ ~..~x~ the improvement ora portion of Amador Valley Boulevard
and required on-site improvements
2) Adopt resolution approving the Agreement for Long Term
Encroachment for Landscape Feature at the Comer of San
Ramon Road and Amador Valley Boulevard
FINANCIAL STATEMENT: Armstrong Garden Centers is providing performance and labor and
materials bonds to guarantee construction of public right-of-way
improvements for Amador Valley Boulevard and required on-site
improvements, and will pay the cost of the associated construction
inspection. Once these improvements have been constructed and
accepted, the City will incur maintenance costs for City street
improvements, except for the comer landscape feature. The
tenant/property owner will incur all maintenance and operational
costs of the comer landscape feature.
DESCRIPTION: This project is a retail garden center located on the northwest
comer of Amador Boulevard and San Ramon Road and was approved by the City last September. The
developer, Armstrong Garden Centers, Inc., will improve Amador Valley Boulevard from the intersection
at San Ramon Road along the project frontage on the north side of the road to the adjacent KinderCare
COPIES TO: Monte Enright, Armstrong Garden Centers
ITEM NO. ~
G:\develop\Armstrong Garden CenterXagenda ,/
Learning Center. These improvements will widen the road up to 10 feet and complete the widening to
improve traffic operations on Amador Valley Boulevard. In addition to the road widening, frontage
landscaping and a landscape accent feature, including a fountain, seating and accent paving, will be
installed in the public rights-of-way at the comer with San Ramon Road.
An Improvement Agreement with Armstrong Garden Centers is required for this project to govern the
public right-of-way improvements associated with the Amador Valley Boulevard widening and required
on-site improvements. The improvement plans for this project have been reviewed and found to be in
substantial conformance with the Conditions of Approval. All of the required fees, bonds, insurance
certificate, dedications and the signed Improvement Agreement have been submitted.
The private comer landscape feature will be owned by the Armstrong Garden Centers (or future lessees).
An Agreement for Long Term Encroachments is also required to allow the Armstrong Garden Centers to
operate and maintain these improvements ~vithin the public rights of way.
Staff recommends that the Council adopt the resolution approving the Improvement Agreement for the
improvement of a portion of Amador Valley-Boulevard and required on-site improvements. Staff further
recommends that Council adopt the resolution approving the Agreement for Long Term Encroachment
for the Landscape Feature at the comer of San Ramon Road and Amador Valley Boulevard.
Page 2 ~ ~
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
FOR IMPROVEMENT OF A PORTION OF AMADOR VALLEY COURT AND FOR
REQUIRED SITE IMPROVEMENTS (ARMSTRONG GARDEN CENTERS)
WHEREAS, the public right-of-way for Amador Valley Boulevard, in the incorporated territory
of the City of Dublin, State of California, to serve the proposed Armstrong Garden Center, has been
irrevocably dedicated to the public, all in accordance with the Conditions of Approval for a Conditional
Use Permit and Site Development Review (City Council Resolution 166-02); and
WHEREAS, the developer, Armstrong Garden Centers, has executed and filed with the City of
Dublin an Improvement Agreement to improve a portion of Amador Valley Boulevard and install.required
site improvements in accordance with the right-of-way dedication documents and the improvement plans
attached thereto; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $279,000.00,
conditioned upon faithful performance of said Improvement Agreement; and
WHEREAS, said contract is secured by a bond in the amount of $279,000.00, conditioned upon
payment for labor performed or material furnished under the terms of said Improvement Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute
the Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 4th day of February, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:ldevelopbtrmstrong garden center tresolution Imp Agree
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
This agreement is.made and entered into this ,~'r# day of~~- ,2003, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Armstrong Garden Centers, Inc, a California 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 desires to improve and dedicate a portion of Amador Valley
Court and to provide certain site improvements in accordance with the requirements and
conditions set forth within the City of Dublin City Council Resolution No. 166-02 adopted on
September 3, 2002; 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.
Pa~e 1
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 $279,000.00.
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 $ 2?9,000.00.
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.
Page 2
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
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 Assiqnment. 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 havethe 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 b~) 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.
10. Acceptance of Work. Upon notice of the completion of all improvement 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 work without delay, and, if found to be in
Page 3
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. Until acceptance of improvements by the City,
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 event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
Page 4
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
Type or Print
Page 5
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR THE LANDSCAPE FEATURE AT THE CORNER OF
SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD,
ARMSTRONG GARDEN CENTERS, INC. / PROTO, LLC
WHEREAS, a Conditional Use Permit and Site Development Review for the Armstrong Garden
Center at 7360 San Ramon Road was approved by City Council Resolution 166-02 on September 3rd,
2002, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required Armstrong Garden Center, Inc., to construct a
private comer landscape feature within the public rights-of-way at the intersection of San Ramon Road
and Amador Valley Boulevard; and
WHEREAS, said Conditions of Approval required Armstrong Garden Center, Inc., to enter into an
"Agreement for Long-Term Encroachment" for the maintenance and operation of the comer landscape
feature; and
WHEREAS, Armstrong Garden Centers, Inc., has executed and filed with the City of Dublin an
Improvement Agreement to improve a portion of Amador Valley Boulevard and provide required site
improvements, including said comer landscape feature;
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute
the Agreement.
PASSED, APPROVED AND ADOPTED this 4th day of February 2003.
AYES:
NOES:
ABSENT:
ABSTAiN:
ATTEST: Mayor
City Clerk
G:developkArmstrong Garden\Resolution LongTermEncrAwee : i ~ t~
AGREEMENT FOR LONG TERM ENCROACHMENT
for the
LANDSCAPE FEATURE AT THE CORNER OF
SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD
THIS AGREEMENT FOR LONG TERM ENCROACHMENT ("Agreement'?) is made between
the City of Dublin ("City") and Armstrong Garden Centers ("Armstrong").
1. Property.: The subject property is the 1.16-acre parcel of land on the northwest
comer of Amador Valley Boulevard and San Ramon Road as described in the Lot
Merger recorded on ,2002, as Series No. __ , in
the Official Records of the County of Alameda, State of California.
2. Owner: Proto, LLC, a California Limited Liability Company is the owner of the
Property.
3. Lessee: Armstrong Garden Centers is the developer / lessee of the property.
4. Landscape Feature: Armstrong, as part of their development of a retail garden
center on the Property, will be constructing a "Landscape Feature" within the
City's rights o£way on the northwest comer of the Amador Valley Boulevard
and San Ramon Road intersection. The improvements for the Landscape Feature
will be as shown on Sheet Al-1 of the approved project plans prepared by TJS
Architects and wilt include a water fountain, decorative pavement, concrete walls
and bench with appurtenant water and electric utilities.
5. Encroachment Permit: Armstrong shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Feature improvements and all the conditions imposed by the City must
be consistent with the provisions of this Agreement. If there is a conflict between
any provisions of this Agreement and the encroachment permit, the provisions of
this agreement shall prevail over the conditions of the encroachment permit.
6. Operations and Maintenance: Armstrong shall maintain and repair all the
Landscape Feature improvements at its sole cost and expense including electric
power and water cost in accordance with this Agreement. Armstrong will
maintain all landscape plantings and irrigation between the curb and property line
per normal City policy. The City will maintain at its cost the AC bike path and
the concrete sidewalk per normal City policy.
7. Removal or Relocation: If future improvements proposed by the City conflict
with the Landscape Feature improvements, the City may remove or relocate the
Landscape Feature at its sole costs. I£the Landscape Feature is relocated the
City and Armstrong will execute a modification to this Agreement to reflect the
maintenance and operations at its new location. Provided, however, the City is
under no obligation to relocate the Landscape Feature.
8. Insurance: Armstrong shall obtain and maintain in effect a combined single limit
policy of liability insurance not less that one million dollars covering the
Armstrong improvements and shall name the City as an additional named insured.
9. Indemnification: Armstrong shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Armstrong's construction, maintenance or operations of
the Landscape Features unless by the sole negligence of the City, its agents,
contractors or employees.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, are appurtenant to the Property
and shall automatically pass with lessee of the Property or to the owner if there is
no-lessee of the Property.
11. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to "Armstrong" in this Agreement shall be deemed to refer to include
Armstrong and all successors and assigns of Armstrong who hold the lease of the
Property or the Property owner if there is no lease.
12. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
Dated this ,,/~ ~ day of ,:~'~
CITY: PROPERTY OWNER:
THE CITY OF DUBLIN, eroto, LLC,
a California Limited "1' om y '~
a municipal corporation
By: By:-~/~z:~
Name: Name: --/~*
Title: Title: //~.~..v,-,~:~_
LESSEE:
Armstrong Garden Centers, Inc.,
a California corpora~on
Title: ¢ ¢7~_.~0___
ACKNOWLEDGEMENT
STATE OF CALIFODNIA /"
COUNTY OF
personally appeared ¢, ~A~~~ ,
personally known to me, OR__proved to me on the basis of satisfactow evidence to be the Eerso~(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/hedtheir signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)'acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
OC:NSU~,41302280 . 5
ACKNOWLEDGEMENT
STATE OF CALIFORNIA .~
personally known to me, ~c o,q '~,, ,~ .~ ~, ~,~,¢~,~, ~ .... on~ to be the person~, whose
name(~ is/~ subscribed to the within instrument and acknowledge to me that he/~/t~ executed the
same in his/~/t~ir authorized capacity(~), and that by his/~/~r signatures~ on the instrument the
person~, or the entity uPon behalf of which the person~acted, executed the instrument.
WITNESS my han~and o~cial seal.
Signat '~
OC :NSU~.4t302280 · 5
~q. i:F!'! ": ~':L :, L ........
..'
¥" ~H,N~D "tGGENT A~DAI', ...... · .......
'l- - ' :':'. ::.];':,%':. '" ,:.:';.;~ .." '.' :~.. ~".. ': ':' .,' '. '.': ..'
- ~e~ ,~4' ~e~ co~c~ ~ "L:.~ .?~ '..? :'.. :~ ..':::" "'~ ·. ....
· ~OLLED EDG~. DbOP~ TO P~IN. x~::.. · ..' ,.:- :...: : : :.:, . '
PROVIDE bt6Hft~ I~IDB,//--
/
EX. AG. /~"/
dX.
::" :" :' '~ 65.90 FS
~ ~ ~' P~OVI~ W-&ROOVE" FOR /./ x.,,
66.30 FS ANTNDKATE ~DINS, 2 ~Y. ~
I. NEM PAVCR5 ~ALL BE FLU~ MITH ~XI~TIND PA~
~LL AND PAVERS
5. DEE DHEET E-I FOR ELEGTR~GAL ~NNEGTION pETAIL5.
~ ~ r ¢ ¢ t 0 o r n s r Ao o ~ n f. Ar ~ o Do s i 9 n ,/~