HomeMy WebLinkAbout4.02 Accept Final Map Village IV CITY OF DUBLIN`'
AGENDA STATEMENT
City Council Meeting Date: February 12, 1990
SUBJECT: Acceptance of Final Map, Tract 6052
Torrey Pines (Village IV) - Standard Pacific
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) Resolution Accepting Final Map
2) Tract Developer Contract
3) Performance Bond and Labor and Materials Bond
4) Location Map
RECOMMENDATION: ` Adopt Resolution Accepting Final Map for Tract 6052
and authorizing Mayor to execute agreement.
FINANCIAL STATEMENT: Staff's time for processing and inspection of the
subdivision is being paid for by the developers.
DESCRIPTION:
Tract 6052, "Torrey Pines" (Village IV of the Villages at Willow Creek) is a
135-unit condominium development located at Willow Creek Drive and Fall Creek
Road. The developer of the project' is Standard Pacific.
This subdivision is a one-lot Tract subdivided for condominium purposes. All
of the utility, storm drain, and emergency vehicle access easements are
indicated on the plan and offered for dedication. There are no public streets
within this Tract.
Staff has reviewed the Final Map and Improvement Plans for Tract 6052 and
found them to be in accordance with the Tentative Map for Tract 5511. The
developer has submitted the proper bonds and insurance certification.
Staff recommends that the City Council adopt the Resolution accepting the
Final Map for Tract 6052.
- ---------,I-- ---------------------------------------------------------------
ITEM NO. 4 COPIES T0: Standard Pacific
RESOLUTION NO. -90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------
ACCEPTANCE OF FINAL MAP
TRACT NO. 6052
WHEREAS, the Final Map of Tract No. 6052 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 Ordinance Code of the
County of Alameda, as adopted and amended by the City of Dublin; and
WHEREAS, the Developer, Standard Pacific of Northern California,
has executed and filed with the City of Dublin contracts to improve Tract No.
6052 in accordance with the Final Map of said Tract No. 6052, the Tract
Improvement Plans and the specifications attached thereto; and
WHEREAS, said Contract is secured by a bond in the amount of
$532,300 which, by its terms, is made to inure to the City of Dublin
conditioned upon the performance of said contracts; and
WHEREAS, said Contract is secured by a bond in the amount of
$266,150, which, by its terms, is made to inure to the benefit of laborers and
materialmen upon such work and improvements, conditioned upon the payment of
such laborers and materialmen for labor performed or material furnished under
the terms of said contracts.
NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be
and they are hereby approved;
BE IT FURTHER RESOLVED that the Final Map of Tract No. 6052 be and
the same is hereby approved; and that those strips of land designated as
"P.S.E. " or "Public Service Easement," "P.U.E." or "Public Utility Easement,"
"S.D.E. " or "Storm Drain Easement, " W.E." or "Waterline Easement," "L.M.E. " or
"Landscape Maintenance Easement," and "E.V.A.E. " or "Emergency Vehicle Access
Easement, " 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 12th day of February, 1990.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
3
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this 22nd day of January, 1990, by
and between the City of Dublin, a municipal corporation, hereinafter referred to as _
"CITY", and Standard Pacific Corporation, hereinafter referred to as "DEVELOPER".
W I T N E S S E T H
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 6052 in accordance with the requirements and conditions set forth
within the City of Dublin City Council Resolution No. 32-86 adopted on March 24,
1986, and Planning Commission Resolution No. 88-050 adopted August 15, 1988; 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:
NCI, 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 $532,300.
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 $266,150.
i
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 convenience 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.
-2-
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.
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.
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 of 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
-3-
.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 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.
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 Standard Pacific Corporation
By
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SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Whereas, STANDARD PACIFIC, L. P., a Delaware limited partnership
.: � State of California, and CITY OF DUBLIN
(hereinafter designated as "principal") have entered
into an agreement whereby pr ncipal agrees to install and complete certain
designated public improvements, which said agreement, dated
19 and identified as project
r TORREY PINES — TRACT 06052
is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish
a bond for the faithful performance of said agreement.
INow,. therefore, we, the principal and THE AMERICAN INSURANCE COMPANY
as surety, are held and firmly bound unto the CITY OF DUBLIN
hereinafter called gee m e penal sum of
FIVE HUNDRED THIRTY TWO THOUSAND THREE HUNDRED AND N01100-----------------------------
doll ars 532 00.00------ lawful money o the United States, or the payment or
which sum we an trd—my to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by there oresents.
The condition of this obligation is such that if the above bounded principal , his
or its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions
and provisions in the said agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and In the
manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the Obligee in successfully
enforcing such obligation, all to be tatted as.costs and included in any judgement
rendered.
The.surety hereby stipulates and agrees that no change. extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the agreement of to the
work or to the specifications. _
1 Lly executed by the orincipal and
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r r il Fa�1 t r�r��E��rimsrUND A••OCIA/COI»O■MMITYCO11I0AA110M Bond 1s included in that shown
fr' Sy 14�?� .i "NURANC111W ANrca AM■»ICAMAU10M0.1L■1M•U»A»C■COM.AN• JAN 181990
on the Performance Bond
STANDARD PACIFIC
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,.j , Whereas,
STANDARD RD PACIFIC L P
State of California, and CITY OX DUBbIN
ere na ter es gnate as r nc pa ave
4y t rt , t t�, u Z 3 i,r•
entered Into an agreement w ere y principal agrees to install and complete certain
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�. xJ designated public Improvements, which said agreement, dated
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1 19 and identified as project
1 { r o-?5 rat AsF,j/ 7TH#
F, {b ` TORREY PINES — TRACT #6052
f
` 1 is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering
�� � ; •, , z trfr r upon the performance of the work, to file a good and sufficient payment bond with
4,4� s, z *yet the CITY OF DUBLIN --
to secure the C a ms t0 which reference s made n lit le comment nq with Sect On
3082) as Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held
firmly bound unto CITY OF DUBLIN
< l (hereinafter designate as qee an a contractors, subcontractors. a orers.
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Code of Civil Procedure in the sum of TWO HUNDRED
SIXTY SIX THOUSAND ONE_HUNDRED FIFTY AND NO/100-----==�011ars (� 66 1 0 00--------=)
oar ma eras furs sie or a or t ereono any kind, or for amoun s cue under e
Unemployment Insurance Act with respect to such work or labor, that said surety will
,..•: pay the same in an amount not exceeding the amount herelnabove set forth, and also
in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the Obligee in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the
judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit
of any and all persons, companies and corporations entitled to file claims under Title
:.,'•: .',' '•'' ` 15 (commencing with Section 30n2) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns .in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of said agreement or the specifications accoml lanying the
same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
Y In witness whereof, this Instrument has been duly executed by the principal and
surety above named, on JANUARY 16 lg 90
STANDARD.PACIFIC, L. P., a e aware mimed--
J; I THE AMERICAN INSURANCE COMPANY _
urety
STATE OF
COUNTY
IN
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GENERAL _
POWER OF
A`1<'TORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of
the State of New Jersey,and having its principal office in the City of Parsippany,State of New Jersey,has made,constituted and appointed,and does by these
presents make,constitute and appoint
— — — —VICTORIA M. CAMPBELL — — —
IRVINE, CA
its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof--------------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment aced Authority of Resident Secretaries,Attorneysdn-Fad and Agents to accept Legal Protest and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors,the President,any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Via-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys4n-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:"
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to
be hereunto affixed this 25th day of Ai t gi i c r , 19 p1_.
THE AMERICAN INSURANCE COMPANY
c\�-ice
By
STATE OF.CALIFORNIA ss
COUNTY OF MARJN
i
On this 25th day of ' August 19 89 ,before me personally came R.D.Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his[tame thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
t"snswnsmwawnunswwnnnumnnt""tnm■
� OFFICIAL SEAL
J. M. YANDEVORT =
NOTARY PUBLIC-CALIFORNIA NomyPub6c
Principal Office in Marin County
Ail C&nmbsioa Exp'aes Aug.28,1492 CERTIFICATE
IIaN1�f(ti11r11�nNIp��r��1�IflNHIlnllntitlnrlr��
STATE OF CALIFORNIA �.
COUNTY OF MARIN
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEW JERSEY Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked:and furthermore that Article V11,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorncy,are now in force.
Signed and scaled at the County of Marin.Dated the 16th day of JANUARY 19 90.
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