HomeMy WebLinkAbout4.6 Approve Parcel Map 4050 7
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE : March 25, 1985
SUBJECT: Approval of Parcel Map 4050
EXHIBITS ATTACHED : 1 ) Resolution Accepting Parcel Map;
2 ) Reduced copy of Parcel Map;
3 ) Tract Developer Agreement
RECOMMENDATION: ���vy� Adopt Resolution accepting Parcel Map
i 4050
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FINANCIAL STATEMENT: No cost to City at this time . Staff ' s
time is being paid by developer for processing and
inspection. After acceptance of improvements, the City
will assume maintenance of the area dedicated for
Donlon Way
DESCRIPTION: Improvement plans and Parcel Map 4050 have
been reviewed and found to be in conformance with the
Tentative Map and conditions approved by the City of Dublin
Planning Commission on July 18, 1983 , by Resolution No. 83-
07 .
A subdivision agreement, bonds and fees have been submitted
to guarantee the construction of improvements within the
subject tract.
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This subdivision is located on the northwesterly corner of '
Donlon Way and Dublin Boulevard.
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ITEM NO. COPIES TO: Don Hoffman
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF PARCEL MAP NO. 4050
WHEREAS, Parcel Map No. 4050 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 modified by the City of Dublin; and
WHEREAS, the Developer, Donald N. Hoffman has executed
and filed with the City of Dublin a contract to improve Parcel Map
No. 4050 in accordance with Parcel Map No. 4050 , the Improvement
Plans and the specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the
amount of $49 , 800 which, by its terms, is made to inure to the
City of Dublin conditioned upon the performance of said contract;
and
WHEREAS, said contract is secured by a bond in the
amount of $24 , 900 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 contract .
NOW, THEREFORE, BE IT RESOLVED that said contract and
bonds be and they are hereby approved; and
BE IT FURTHER RESOLVED that the Parcel Map No. 4050 be
and the same is hereby approved; and that the area shown as
dedicated to the City of Dublin be and is 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 25th day of March,
1985 .
AYES :
NOES :
ABSENT:
l Mayor
ATTEST:
City Clerk
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PARCEL MAP 4050
PORTION OF PLOT O OF THE PROPERTY OF THE
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NC.
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of
1985, by and between the City of Dublin, a municipal corporation,
hereinafter referred to as "CITY" , and Donald N. Hoffman, 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 Parcel Map 4050 in accordance with the requirements
and conditions set forth within the City of Dublin Planning Commission
Resolution No. 83-07 adopted on July 18, 1983; 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 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 sha11 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 $49, 800.
b. Labor and Materials Bond. Develope.� 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 $24, 900 .
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 .
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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 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 contract, 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 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.
7 . Abandonment of Work . If the work to be done under this
Agreement is abandoned, or7 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
maydesignate, 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
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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 publi-c 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 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 exDense,
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 legalaction 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
f
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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
By
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